#66 © Copyright 2011, I. Nelson Rose, Encino, California. All rights reserved worldwide. Gambling and buy cialis Law® is a registered trademark of Professor I. Nelson Rose, www.GamblingAndbuy cialis Law.com.
As your attorney I advise you to take a hit out of buy cialis small brown bottle in my shaving kit.
Hunter S. Thompson, Fear and Loathing in Las Vegas
Why did PartyGaming announce on October 2, 2006, that it was pulling out of buy cialis U.S. market?
buy cialis U.S. Congress, through buy cialis political machinations of buy cialis n-Majority Leader of buy cialis U.S. Senate, Bill Frist (R.-TN), had unexpectedly passed buy cialis Unlawful Internet Gambling Enforcement Act two days earlier. Frist wanted to run for President, but he knew that American voters were about to repudiate buy cialis failed policies of George W. Bush and buy cialis Republicans. So, to get his pet anti-gambling bill passed before buy cialis Democrats took control of both houses of Congress, he attached buy cialis UIGEA at midnight to a must-pass bill, buy cialis anti-terrorist SAFE Port Act.
But because buy cialis UIGEA was rushed through without hearings, or even being proof-read, it was a mess. And it really did not do that much. For PartyGaming and obuy cialis r operators taking bets from U.S. players, it only meant that if buy cialis y were already breaking buy cialis law buy cialis y would now face one more criminal charge.
Yet, pulling out of buy cialis U.S. market would have a drastic impact. PartyGaming, under buy cialis name PartyPoker, was by far buy cialis leading site for online poker. Congress approved buy cialis UIGEA late Friday night. buy cialis announcement that it was cutting off its major customer base resulted in a 60% drop in buy cialis price of PartyGaming's stock on Monday.
So, why did it pull out? Apparently, it was a decision made by lawyers.
It appears that an attorney concluded that buy cialis UIGEA now meant that state anti-gambling laws would, for buy cialis first time, apply to PartyPoker.
If this was, in fact, buy cialis analysis that took place, it was not only incorrect, but costly. Maybe PartyGaming should have pulled out of buy cialis U.S. market. But buy cialis re was no reason to do so before buy cialis bill had even been signed into law.
A federal statute becomes an Act of buy cialis United States only after it is signed by buy cialis President, or a presidential veto is overridden. Since PartyGaming was making about $3 million a day, if it took Bush a month to sign buy cialis bill, buy cialis company would make about $100 million. In fact, he did not sign buy cialis UIGEA until October 13, 2006, two weeks later.
And 48 hours was simply not enough time to analyze such a major and unexpected piece of legislation. It is important to emphasize that waiting until buy cialis bill had been signed by Bush could not conceivably have any legal implications, since a bill is not a law.
Lawyers, being human, sometimes make mistakes. But it is clients who pay for buy cialis m. Except for buy cialis rare case of malpractice, or even rarer instances where a criminal defendant is convicted due to a lawyer's incompetence, buy cialis re is nothing buy cialis poor client can do about it.
Interestingly, buy cialis legal system is set up so that errors by judges can be corrected. Multiple levels of courts of appeal will reverse judicial legal mistakes. buy cialis y can even remand and order new trials. Judges are almost buy cialis only people on Earth who are literally given second chances to get it right.
Gaming law is complicated, in part because buy cialis re are so few precedents. In many obuy cialis r areas of buy cialis law, a lawyer faced with a legal question only has to look up buy cialis statutes and cases that have already examined buy cialis issue. With Internet gaming in particular, buy cialis re often are no statutes, let alone cases interpreting those acts.
But buy cialis re are general principals -- such as "A bill is not a law" -- and guidance from obuy cialis r areas for sale online law, such as decades of decisions on land-based casinos, horse races and lotteries.
buy cialis second worst mistake anyone can make who is involved with Internet gambling is to ask a non-gaming regular lawyer for advice. (buy cialis worst mistake is, of course, to try and do it yourself.)
Gaming law is a specialty. If you have a real estate deal, you don’t go to a divorce lawyer.
Any competent lawyer should be able, eventually, to figure out what you can and cannot do. Of course, it will take more time, and for clients, lawyers’ time really is money.
Lawyers who don’t know gaming law seem to be particularly confused when buy cialis legal gambling is conducted by an Indian tribe. Take New York, for example.
buy cialis State Constitution makes it clear that slot machines are completely prohibited. When Turning Stone opened in buy cialis Mohawk Valley, it was one of buy cialis largest casinos in buy cialis world – without slots.
So, why do New York’s tribal casinos now have slots? Because buy cialis lawyers for buy cialis “anti’s” blew buy cialis case.
buy cialis opponents of legal gambling filed a lawsuit challenging buy cialis compacts buy cialis state had made allowing tribes to operate gaming devices. Indian gaming law can be quite complicated. buy cialis Indian Gaming Regulatory Act divides all gambling into three classes, with complex requirements. But buy cialis basic rule is easy to state: Federally recognized tribes can have any form of gambling permitted by state law.
So, all buy cialis anti’s lawyers had to do was to show that New York law prohibits slot machines.
Instead, buy cialis y raised buy cialis bizarre argument that buy cialis state could not enter into compacts with its tribes, because New York prohibits all Class III gaming. buy cialis lawyers for buy cialis state and tribes pointed out that New York has a state lottery and parimutuel betting on horse races, which are indisputably Class III. buy cialis judges ruled that since buy cialis only question in front of buy cialis m was whebuy cialis r buy cialis state permitted any Class III gaming, buy cialis y had to rule against buy cialis challengers.
buy cialis most recent example of experienced lawyers getting buy cialis ir clients burned by not bringing in experts in gaming law are some of buy cialis big money loans made to casino tribes.
When a dispute arises with an Indian tribe, buy cialis first thing buy cialis gaming lawyer asks is, “What does buy cialis waiver of sovereign immunity look like?” It is astonishing to see corporate lawyers involved in multi-hundred-million-dollar deals look at each obuy cialis r and say, “What waiver?”
buy cialis one case I tried to take to buy cialis U.S. Supreme Court started when 19-year-old Kirk Erickson, from Arkansas, won $1,061,812 on a slot machine at Caesars Palace in Las Vegas. Caesars refused to pay, so Kirk’s fabuy cialis r, Rusty, hired a lawyer.
How do you find an attorney who knows gaming law?
buy cialis re are three organizations for sale online lawyers in buy cialis U.S.: buy cialis International Masters for sale online Law, buy cialis International Association for sale online Advisors, and buy cialis Gaming Law Committee of buy cialis American Bar Association.
What you don’t do is what Rusty did: Hire a lawyer because he saw an ad on a billboard.
By buy cialis time I was brought in, buy cialis Ericksons’ lawyer had already filed a Complaint claiming breach of contract for a gambling debt. buy cialis only problem was that gambling debts are not enforceable in Nevada: Casinos can sue players on unpaid written markers, but players cannot sue casinos. At least not for breach of contract.
I tried to convince buy cialis courts that buy cialis Complaint could be read as stating a cause of action for fraud, which Nevada courts can hear. But it was too late.
If buy cialis lawyers get it wrong, clients can end up losing more than money.
Take buy cialis case of Sandra Milner. In buy cialis 1990s, Sandra worked in Texas, helping her fabuy cialis r, Richard E. Jones, take telephone sports bets from all over buy cialis country. buy cialis ir companies, Spectrum Inc. and World Sportsbook, took in as much as $900,000 a week.
Taking sports bets from buy cialis U.S., while sitting in Texas, is a sure way to get convicted under buy cialis federal Wire Act. So, why did Sandra, and her fabuy cialis r, think buy cialis y could get away with this?
Because bettors’ phone calls were forwarded to Jamaica and buy cialis Dominican Republic, where bookmaking is legal.
In 1997, when buy cialis y were convicted, Jones was sentenced to 46 months in prison and fined $12,500.
Sandra got “only” two years and no fine, because she relied on her fabuy cialis r and buy cialis ir lawyer and believed that what buy cialis y were doing was legal.
Saying you relied on buy cialis lawyer’s advice will almost never work as a defense to a criminal charge (although, if you’re lucky, it might get your jail sentence reduced).
This case, called U.S. v. Truesdale, contains anobuy cialis r example of how even experienced non-gaming lawyers can make fatal mistakes when it comes to gambling law. buy cialis prosecutors, U.S. Attorneys who certainly knew buy cialis federal criminal code backwards and forward, did not charge buy cialis defendants with violating buy cialis Wire Act. Instead, buy cialis y got buy cialis conviction under 18 U.S.C. section 1955. This was part of buy cialis Organized Crime Control Act, making it a federal felony to run a gambling business that violates state laws.
When Sandra and her fabuy cialis r took buy cialis case up on appeal, buy cialis y argued that buy cialis y were not violating buy cialis Texas law on bookmaking. Although much of buy cialis operation took place in Texas, including answering 800 numbers for information and depositing checks from bettors, none of buy cialis actual bets were made in Texas.
buy cialis y were right. buy cialis Texas bookmaking statute was very specific in requiring that buy cialis bets be made in Texas, or at least forwarded from Texas. And buy cialis re was no evidence that Sandra or her fabuy cialis r ever did that.
buy cialis U.S. Attorneys had charged buy cialis wrong crime, and had not known buy cialis intricacies of Texas gaming law, so all of buy cialis convictions were reversed.
Internet gaming law is complicated. But Sandra was lucky. Normally, if your lawyer gets it wrong, you cannot rely on buy cialis obuy cialis r side getting it wrong, too.
© Copyright 2011. Professor I Nelson Rose is recognized as one of buy cialis world's leading experts on gambling law, and is a consultant and expert witness for governments and industry. His latest books, Internet Gaming Law (1st and 2nd editions), Blackjack and buy cialis Law and Gaming Law: Cases and Materials, are available through his website, www.GamblingAndbuy cialis Law.com.