On this week's Poker Advocacy with Rich Muny webcast, 2004 WSOP Main Event Champion & PPA Board Member Greg Raymer joined me for a discussion on poker and poker activism. Please be sure to check it out!




**** Monday #Fight4Poker ****

• Let's send prefilled, editable poker tweets to 5 PA state representatives:
► Rep. Paul Schemel: http://spredd.it/fv9e4WpB
► Rep. Justin Simmons: http://spredd.it/BF2b5Ufa
► Rep. Craig Staats: http://spredd.it/N9MA3a6S
► DAP: http://spredd.it/893764ES
► Rep. Tarah Toohil: http://spredd.it/4dH8505b
► Rep. Martina White: http://spredd.it/3f5E7Sk6

• Let's keep making & liking pro-poker tweets in reply to PA Speaker Rep. Mike Turzai:

• Please share & like today's action plan:

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  • Hello Fellow Poker Enthusiasts!

    Patrick Fleming here, the PPA's Litigation Support Director and member of the Board of Directors. Many of you will know me as "Skallagrim" - my screen name on many poker forums. I am a lawyer and Rich has asked me to post here regarding requests for legal information.

    And the first issue involves the legality of affiliates, specifically those who receive "rakeback" from poker sites for players who join the poker site through banners.

    Like most areas regarding poker, the internet, and the law, this one has no direct and easy answer. There are no Federal laws that directly target affiliates and to date no affiliate (at least as far as I have heard) has been prosecuted by Federal or state authorities.

    There is, however, the legal doctrine of "aiding and abetting." This also sometimes called accomplice liability. Essentially, if you are helping someone else do something illegal you can be held just as guilty as the principal wrongdoer. To be an accomplice 3 things need to be established: a crime, an act that helped the crime occur, and an intent to further the criminal activity.

    As we all know, the US Government considers providing online poker to US residents an illegal act. If they are right about that, then it is not hard to see them considering affiliates to have "aided and abetted" that illegal act if the affiliate is directing US players to a site and collecting money for the US player playing at the site. Its kind of like the guy who leads you through the alleys and backstreets to find the underground casino.

    Of course, it is not exactly like that. An affiliate has no control over who clicks on its banners and it is an open question whether the affiliate or the clicker is the one responsible for complying with the law regarding the legality of playing from a particular place. A clicker could be from the UK (where online poker is quite legal) just as easily as from the US.

    In the end, details will matter significantly as to whether any particular affiliate arrangement is sufficient to establish "aiding and abetting." 

    But the possibility of such a prosecution is real. therefore, anyone who is in the affiliate/rakeback business should consult with an attorney individually so that all details of the business can be discussed and a full analysis of legal liability provided.

    I hope that information helps. For those in the business needing actual advice, the only advice I can give here in a public forum is to hire a lawyer and go over the details of your business with that lawyer.

    Hope that helps.

    Patrick Fleming

  • Well done Rich! Greg was great, please thank him for all of us at OTR and the community. Hope he can come back soon.

  • Thanks to everyone who tuned in this evening. I hope you found the show with Greg Raymer to be interesting and informative. :-)

  • @Alarmy: There's no federal law against playing online poker. I encourage all players to check their state and local laws, of course. It is illegal to play in WA state, for example.

    I have asked others more versed in the legalities of the rakeback situation to comment on the specific issue you cite.



  • Action plan done for 18 November 2011!

  • The link for today's Senate Indian Affairs committee hearing webcast is up: http://indian.senate.gov/customcf/view_live_webcast.htm

  • Thanks for the warm welcome all!!

  • VERY important to do this today!

    I did it ALL -- every tweet and added some, and every facebook page.

    Please join me in DOING IT ALL. Really doing it all took me about 90 minutes. (I'm not as fast as many of you though.)

  • Yess I 2nd Ryans comment.. thanks so much for posting all of this information. First thing I did was read it and tweated everything  here...you made it so easy for all of us. I am overly excited for the PPA to be here.. Looking forward to many amazing shows and growing PPA even bigger than it is today..

  • Welcome to the family Rich. We're excited for all the info and for your show!

    For the community, I think Rich is going to come out of his shell a bit! I can't wait! :)

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