Poker News

FBI Issues Online Poker Findings; PPA Responds

Online poker players tuned into last week’s House Financial Services Committee on internet gambling can recall a letter cited by Congressman Spencer Bachus (R-AL) that claimed online poker games could be compromised.

The memo, dated November 13th and written by FBI Cyber Division Assistant Director Shawn Henry, addresses six questions put forth by Bachus regarding the current state of affairs in the online poker world. The report states, “The technology exists to manipulate online poker games in that it would only take two or three players working in unison to defeat the other players who are not part of the team.” Henry’s analysis speculates as to whether online poker sites would spend the time and money needed to combat these tag team maneuvers: “It really comes down to a cost analysis for the vendor. How much money will I make or lose by detecting cheating and implementing safeguards?”

The letter from Henry then addresses money laundering possibilities in private online poker tournaments before Bachus asked if “qualified personnel” existed to regulate the game should it be legalized. Henry responded, “FBI investigative resources are focused on our highest priorities, that being counterterrirosm, counterintelligence, and cyber threats to critical infrastructure.” No mention of online poker or internet gambling is given in Henry’s response to this question.

Henry questions the age and location verification mechanisms that online poker sites currently have in place. Henry responds, “For age verification, the possession of a credit card is usually the only validation these sites require. Credit card numbers are easily compromised and can be bought by the hundreds on several ‘underground’ websites.” On the question of location verification, Henry asserts, “While geolocation can be accurate when used to determine the physical country of residence, it becomes exponentially less accurate when determining the city or zip code.”

Also discussed in the letter from the FBI Cyber Division official are bots, programs against the Terms of Service of most major sites. In addition, Bachus asks whether U.S. law enforcement officials have had any conversations with their counterparts overseas where internet gambling is regulated about “potential vulnerabilities.” Henry emphatically claims, “The FBI has not engaged in this discussion with our foreign partners.” On casino bot programs manipulating online games, Henry admits, “While casino software could very easily be employed to manipulate games, the FBI has no data in this area.”

The Poker Players Alliance (PPA) was quick to point out the pitfalls of Henry’s letter. Its Executive Director, John Pappas, charged, “Every concern the letter raises is better addressed by licensing and regulation than by prohibition. The letter misconstrues much about the current state of online poker, but it does so in a way that clearly makes the case for why federal oversight is necessary. Licensing and regulation is the most protective measure we can take to ensure the online community can be properly monitored while maintaining our internet freedom.”

The PPA added that Congressman Peter King (R-NY), the current Ranking Member and former Chairman of the Committee on Homeland Security, conveyed that money laundering and terrorism financing were not taking place through internet gambling. The PPA explains that online poker sites use credit databases to address age and location and that the Department of Justice has never found evidence that organized crime benefited from internet gambling. In total, the lobbying group notes, “In defense of Mr. Henry’s letter, it is intended to address the status quo, not the internet poker landscape under HR 2267.”

Age verification was one of the many issues discussed at last week’s hearing, which focused on HR 2267. The bill, proposed by Congressman Barney Frank (D-MA) crafts a complete licensing and regulatory framework for the internet gambling industry in the United States.

Internet Gambling to be Discussed in House Financial Services Committee

On Thursday, internet gambling will take center stage in the House Financial Services Committee. A hearing to be held at 10:00am ET in Room 2128 of the Rayburn House Office Building will discuss two bills that could change the landscape of the industry in the United States.

Although an official list of witnesses has not yet been announced at press time, Poker News Daily can confirm that National Council on Problem Gambling Executive Director Keith Whyte will speak during the proceedings. Whyte told us that he received his formal invitation Wednesday morning and is looking forward to discussing the issue in front of the Committee tomorrow. A press release distributed by the Safe and Secure Internet Gambling Initiative (SSIGI) on Wednesday added, “Top experts are expected to describe how existing systems and technologies have proven successful in blocking minors from gambling online, combating compulsive gambling, and protecting consumers against money laundering, fraud, and identity theft.”

SSIGI spokesperson Michael Waxman commented that his organization is looking forward to a well-rounded discussion that could lead to one of two internet gambling bills being marked up and passed: “This hearing will provide further evidence on the ability to effectively regulate internet gambling and require licensed operators to utilize already-proven technologies to protect consumers. It’s expected this hearing will answer any outstanding questions and pave the way for a vote in the committee on Chairman Frank’s legislation.” Thursday’s hearing marks the first major discussion of internet gambling in the House Financial Services Committee in over a year and is expected to last around two hours.

At issue will be HR 2266 and HR 2267, both introduced by Congressman Barney Frank (D-MA). The former, dubbed the Reasonable Prudence in Regulation Act, delays mandatory compliance with the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) by one year. Despite compliance being delayed by six months last week, a Committee spokesperson told Poker News Daily that HR 2266 would still be discussed on Thursday. The bill claims 53 co-sponsors.

Also to be discussed is HR 2267, Frank’s Internet Gambling Regulation, Consumer Protection, and Enforcement Act. The measure, which was introduced on the same day in May as HR 2266, establishes a full licensing and regulatory framework for internet gambling companies to accept real money wagers from U.S. customers. It boasts 63 co-sponsors on both sides of the aisle and is Frank’s latest attempt to undo the effects of the UIGEA, which was passed into law in 2006.

Poker Players Alliance (PPA) Executive Director John Pappas told Poker News Daily that markup of HR 2266 or HR 2267 could be scheduled within one week of the hearing, although it would be contingent on the Committee’s calendar. Lawmakers on Capitol Hill have been focusing their efforts on a faltering economy and major health care reform, the latter of which could come with a $1 trillion price tag. A study by the Joint Committee on Taxation revealed that up to $42 billion over a 10-year period could be reaped by taxing the internet gambling industry at a rate of 2% of deposits pursuant to Congressman Jim McDermott’s (D-WA) HR 2268.

Waxman put the hearing in perspective: “Coupled with last week’s decision by the Treasury Department and Federal Reserve to delay UIGEA implementation, this hearing further builds the case for Congress to rewrite U.S. gambling laws. It’s simply common sense to override the UIGEA, a poorly conceived law that is doomed to fail, and replace it with a framework that regulates a thriving underground marketplace to protect consumers and collect billions in otherwise lost revenue.” Despite the UIGEA, traffic on the USA-facing site Full Tilt Poker, according to a recent report released by PokerScout.com, is up 127% year over year.

We’ll have a complete recap of the hearing right here on Poker News Daily.

Inside the Treasury and Federal Reserve UIGEA Regulations Delay

Last week, the U.S. Treasury and Federal Reserve announced that mandatory compliance with the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) had been delayed until June 1st, 2010. Let’s take a look at the agencies’ reasoning.

The seven-page document issued by the Treasury and Federal Reserve on Wednesday begins with an overview of the UIGEA and states that the two government agencies consulted with the U.S. Department of Justice prior to delaying the compliance date. The final regulations of the UIGEA were published on January 19th as so-called “midnight rules” by the outgoing Bush administration. One day later, sitting President Barack Obama assumed office.

The document gives a brief timeline of events since then, noting that on September 18th, the Poker Players Alliance (PPA), National Thoroughbred Racing Association, and American Greyhound Track Owners Association submitted a joint letter calling for compliance with the UIGEA regulations to be delayed by one year to December 1st, 2010. The two agencies explained, “Petitioners assert that many small regulated entities do not have the resources necessary to develop and implement appropriate policies and procedures by the December 1, 2009 compliance date and cite the possibility of confusion regarding the term unlawful internet gambling.” The latter three-word phrase was not defined in the UIGEA, which instead deferred to a muddled slate of state, federal, and tribal laws.

In October and November, members of Congress led by Barney Frank (D-MA) also asked for a delay, as did several organizations, including the American Bankers Association, Wells Fargo, the Credit Union National Association, and the National Association of Federal Credit Unions. On November 9th, other lawmakers including Senate Majority Leader Harry Reid (D-NV), whose home state serves as the epicenter for brick-and-mortar gambling in the United States, authored a letter purportedly expressing “an intent to consider legislation that would allow problematic aspects of the Act to be addressed.”

Meanwhile, Senator Jon Kyl (R-AZ) and Congressman Spencer Bachus (R-AL) weighed in, calling the reasons for a delay “speculative” in a November 3rd plea to the Treasury and Federal Reserve. Many of the groups clamoring for an extension feared overblocking, which could result in the denial of legal online wagering. In New Hampshire and North Dakota, credit card companies like Visa and MasterCard disallowed online lottery transactions, which received a carve out from the UIGEA. In Kentucky, horse racing outfits feared that internet bets on the sport would come to a screeching halt. Several weeks ago, Churchill Downs Incorporated purchased YouBet, further complicating the matter.

In the end, the two government entities asserted, “Neither petitioners nor commenters supporting the petition have provided the Agencies with sufficient data or documentation to justify a twelve-month extension of the compliance date. The Agencies believe that a six-month extension is sufficient for regulated entities to address issues related to the definition of unlawful internet gambling.” The agencies added that documentation provided by merchants to banks and other financial institutions should be sufficient to comply with the UIGEA.

The Treasury and Federal Reserve ultimately settled on using the Administrative Procedure Act to serve the delay on the grounds that the existing UIGEA rules are “impracticable, unnecessary, or contrary to the public interest.” Other pieces of law addressed were Executive Order 12866, the Regulatory Flexibility Act, and the Unfunded Mandates Reform Act. The document added, “The Agencies also believe that regulated entities need to be informed as soon as possible of the extension and its length in order to plan and adjust their implementation process accordingly.”

On Thursday, the House Financial Services Committee will discuss HR 2266 and HR 2267. No markup will occur during the informational hearing, which will be held in Room 2128 of the Rayburn House Office Building at 10:00am ET. HR 2267 establishes a comprehensive framework for regulating the internet gambling industry in the United States and, if passed, may mark the beginning of explicitly legal online poker in the North American country.

UIGEA Regulations Officially Delayed Six Months

Online poker players in the United States have a lot to be thankful for this holiday season. On Friday, CNBC and the Associated Press confirmed that U.S. Treasury Secretary Timothy Geithner and Federal Reserve Chairman Ben Bernanke had granted requests to delay the mandatory compliance date of the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) by six months to June 1st, 2010.

Word of a potential delay first broke on Wednesday from Interactive Media Entertainment and Gaming Association (iMEGA) Executive Director Joe Brennan. However, no official comment had been handed down from Geithner, Bernanke, the Poker Players Alliance (PPA), or the office of Congressman Barney Frank (D-MA). Around 12:15pm ET on Friday, cable station CNBC ran a segment touting the successful six-month delay and an Associated Press article had hit cyberspace 15 minutes earlier.

The six-month delay will take the internet gambling industry to June 1st, 2010. In the interim, the theory goes that sensible legislation governing the industry in the United States will be passed. Frank introduced HR 2267 back in May. The bill, which has attracted 63 co-sponsors, establishes a full licensing and regulatory framework for online gaming outfits to solicit U.S. customers.

An Associated Press article sourced both the Treasury and Federal Reserve as saying that the UIGEA’s regulations would indeed be pushed off until mid-2010. The news service explained, “The delayed rules would curb online gambling by prohibiting financial institutions from accepting payments from credit cards, checks or electronic fund transfers to settle online wagers. The financial industry complained that the new rules would be difficult to enforce because they did not offer a clear definition of what constitutes internet gambling.” Since the UIGEA was approved in 2006, a Third Circuit Court of Appeals ruling stated that the legality of internet gambling may depend on state law, similar to the way that the brick-and-mortar version is governed.

Next Thursday, December 3rd, the House Financial Services Committee will hold a hearing discussing the merits of HR 2266 and HR 2267. The former bill delays mandatory industry compliance with the UIGEA regulations by one year to December 1st, 2010. Its relevance given Friday’s confirmation that the regulations would be pushed back six months is up in the air. The hearing kicks off at 10:00am ET in Room 2128 of the Rayburn House Office Building. Witnesses for the informational hearing have not yet been announced and the proceedings can be followed via a live webcast accessible from the Committee’s website.

Potential overblocking by credit card companies like Visa and MasterCard led the PPA, two horse racing organizations, and members of Kentucky’s Congressional delegation to petition Geithner and Bernanke, urging that the regulations of the UIGEA be shuttled back to December 1st of next year. PPA Executive Director John Pappas told Poker News Daily, “Many believe what you’ll see is overblocking of legitimate transactions. It’s not a good thing for players. It won’t just affect poker; it’ll affect horse racing, lotteries, and other online entities.”

Around 1:00pm ET, the PPA confirmed the news. The organization’s Chairman, Alfonse D’Amato, commented in a press release, “The PPA is extremely pleased with the decision by the Federal Reserve and Treasury to grant the six month extension. This is a great victory for poker, but an even greater victory for advocates of good and fair public policy.”

Stay tuned to Poker News Daily for the latest news and events from Capitol Hill.

Report: UIGEA Regulations Postponed Six Months

The regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) have been delayed six months from December 1st, according to Interactive Media Entertainment and Gaming Association (iMEGA) Chairman Joe Brennan.

Neither U.S. Treasury Secretary Timothy Geithner nor Federal Reserve Chairman Ben Bernanke had made any official comment regarding a six-month delay at press time. The two government officials received petitions to stay the UIGEA’s regulations by one year in letters filed by the Poker Players Alliance (PPA), National Thoroughbred Racing Association, the American Greyhound Track Operators Association, and members of Kentucky’s Congressional delegation. Congressman Spencer Bachus (R-AL) and Senator Jon Kyl (R-AZ) asked the two officials to uphold the original December 1st industry compliance deadline in a dissenting opinion.

The news comes one week ahead of a hearing in the House Financial Services Committee regarding two internet gambling bills introduced by Congressman Barney Frank (D-MA) in May that would alter the landscape of the industry in the United States. The first, HR 2266, would have postponed the regulations of the UIGEA by one year to December 1st, 2010. Its viability given today’s news of a likely six-month postponement is up in the air. The measure had attracted 53 co-sponsors on both sides of the aisle.

HR 2267, claiming 63 co-sponsors, creates a full licensing and regulatory framework for the internet gambling industry in the United States. It marks Frank’s latest attempt to undo the UIGEA, which was passed in 2006 after being attached to an unrelated port security measure at the prompting of then-Senate Majority Leader Bill Frist (R-TN). In the Senate, the SAFE Port Act was passed by unanimous consent.

On the hearing next week, which will be held at 10:00am ET in Room 2128 of the Rayburn House Office Building on Thursday, Safe and Secure Internet Gambling Initiative spokesperson Michael Waxman told Poker News Daily, “Chairman Frank is clearly indicating his commitment to switch the government’s position on Internet gambling, replacing attempts to prohibit the activity with a regulatory framework where consumers are protected. Chairman Frank’s commitment is further reinforced by scheduling this hearing and taking up this issue on the heals of the push for financial industry reform, which has been the committee’s exclusive focus the last six months.”

The six-month window will take the internet gambling industry to June 1st, right before election season in the United States in 2010. While issues like health care and a sagging economy have taken center stage since late 2008, internet gambling may finally see its day in the sun. Brennan explained his thoughts on the breaking news: “It’s encouraging that you’ve had this stay on the compliance, but it’s unfortunate that it took this long. We should all hope that in the next six months, a bill that already has 63 co-sponsors can be heard.”

To be clear, no official comment from the Treasury or Federal Reserve was available at the time of writing. With December 1st occurring next Tuesday, a stay likely had to be granted today or Monday, November 30th given the Thanksgiving holiday in the United States. Word breaking on Black Friday was also a possibility.

Stay tuned to Poker News Daily for the latest on this developing story.

No Markup Planned for December 3rd Internet Gambling Hearing

On Tuesday night, it was revealed that a hearing will occur next Thursday, December 3rd in the House Financial Services Committee. Taking center stage are two bills related to the Unlawful Internet Gambling Enforcement Act (UIGEA).

Poker Players Alliance (PPA) Executive Director John Pappas told Poker News Daily that no markup will occur at the hearing, which will be purely informational in nature: “It’s just an informational hearing. I don’t think the witnesses have been set yet and we’ve been in touch with the Committee about that. The PPA has been building the groundwork for this hearing for some time now. We look forward to it.” A representative from the House Financial Services Committee confirmed that no markup will occur. The hearing will take place in Room 2128 of the Rayburn House Office Building at 10:00am ET.

Depending upon the outcome of the internet gambling hearing next Thursday, either HR 2266 or HR 2267 could be scheduled for markup, potentially within a week. Congressman Barney Frank (D-MA) introduced both bills back in May. HR 2266 delays mandatory financial services industry compliance with the regulations of the UIGEA by one year to December 1st, 2010. It has attracted 53 co-sponsors on both sides of the aisle and is dubbed the Reasonable Prudence in Regulation Act. As it stands now, the financial services industry must fall into line with the UIGEA by Tuesday, December 1st.

When asked if the December 1st compliance date passing makes HR 2266 moot, Safe and Secure Internet Gambling Initiative (SSIGI) spokesperson Michael Waxman told Poker News Daily, “It could be unless Frank decides that the financial services sector needs a reprieve. Many companies have already expressed concern that the implementation of the law will be burdensome. I believe we’ll hear back from them again as they are forced to abide by the rules.”

HR 2267, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act, establishes a full licensing and regulatory framework for the internet gambling industry in the United States. It boasts 63 co-sponsors and, when coupled with a tax bill introduced by Congressman Jim McDermott (D-WA), could bring in as much as $42 billion over a 10-year period, according to a study by the Joint Committee on Taxation.

Many in the industry have pondered the status of the internet gambling and online poker industries in the United States after December 1st. Interactive Media Entertainment and Gaming Association (iMEGA) Chairman Joe Brennan told Poker News Daily, “Poker players are going to have to get used to the kind of speed of deposit and withdrawal that online sports betters have had to get used to. To my knowledge, all of the top sports books have moved their processing offshore. I don’t expect there to be the wealth of electronic transfer methods and you’re probably going to see an increased use of checks drawn on international banks.”

One possible outcome in the post-December 1st internet gambling industry is overblocking by credit card companies like Visa and MasterCard. The 12-letter term began popping up earlier this year, when legal online lottery purchases in North Dakota and New Hampshire were denied. In essence, credit card companies could disallow any transaction that appears to look remotely like internet gambling in an effort to comply with the 2006 law. Overblocking also led several members of the Kentucky Congressional delegation to petition U.S. Treasury Secretary Timothy Geithner seeking the delay of UIGEA regulation enforcement. The group fears that legal online wagering on horseracing could come to a screeching halt as a result.

The PPA, National Thoroughbred Racing Association, and the American Greyhound Track Operators Association issued a letter to Geithner and Federal Reserve Chairman Ben Bernanke seeking delay of the UIGEA’s regulations. As of the time of writing, the request had not yet been acted on.

Stay tuned for the latest from Capitol Hill right here on Poker News Daily.

Spencer Bachus, Jon Kyl Issue Letter to Timothy Geithner, Ben Bernanke

Recently, two high-powered, longtime opponents of internet gambling issued a letter to Federal Reserve Chairman Ben Bernanke and U.S. Treasury Secretary Timothy Geithner calling for the compliance date of the Unlawful Internet Gambling Enforcement Act (UIGEA) regulations (December 1st) to be enforced.

The date is now 10 days away and approaching rapidly. Last month, the Poker Players Alliance (PPA) teamed up with the National Thoroughbred Racing Association and American Greyhound Track Operators Association to issue a letter to the same two government officials. Following the letter by the PPA was one authored by 19 Congressmen belonging to the House Financial Services Committee, of which Barney Frank (D-MA) is the Chair.

Congressman Spencer Bachus (R-AL) and Senator Jon Kyl (R-AZ) explained in their own letter, “We strongly oppose this request and believe there is no justification for delaying the compliance deadline of the UIGEA regulations.”

The letter, dated earlier this month, outlines the passage of the UIGEA and the approval of its regulations, which went into effect on January 19th as so-called “midnight rules” by the outgoing Bush administration. The Republican duo notes, “If the Final Rule represented an ‘unreasonable burden on regulators and the financial services industry,’ as certain other Members have claimed, then the Treasury Department and the Federal Reserve could have reconsidered the regulations.” The letter adds that the Truth in Lending Act, whose regulations were issued in August, accommodated the UIGEA.

All told, Kyl and Bachus, staunch opponents of internet gambling, give their stance on the letter writing campaign by the PPA and Financial Services Committee members: “This is a blatant attempt to circumvent the democratic process by influencing the Treasury Department and the Federal Reserve to take action that cannot possibly be enacted by Congress.” On Capitol Hill, the United States legislative body is in the midst of a debate about massive health care expansion.

Two bills, both introduced by Frank, have the potential to change the landscape of the internet gambling industry in the United States as December approaches. The first, HR 2267, establishes a full licensing and regulatory framework for the online gaming outfits in the United States. The measure received its 63rd co-sponsor last week after its introduction in May. The second piece of legislation, HR 2266, delays mandatory compliance with UIGEA regulations by one year to December 1st, 2010. HR 2266 is up to 53 co-sponsors on both sides of the aisle. The House Financial Services Committee has scheduled neither HR 2266 nor HR 2267 for markup.

The letter from the two lawmakers concludes, “Simply delaying the compliance date serves no interest except that of the internet gambling enterprises that have long evaded American gambling laws and will continue to do so until effective enforcement is in place.” Kyl is a third term Senator from Arizona and the current Senate Minority Whip. His counterpart in the Western state is also a Republican, former Presidential candidate John McCain. Bachus was elected to the House of Representatives in 1992 and is the Ranking Member of the Financial Services Committee, which includes 30 Republicans and 42 Democrats.

Neither Geithner nor Bernanke has responded to any of the three letters as of the time of writing. John Pappas, Executive Director of the PPA, told Poker News Daily that a January markup of HR 2267 is a possibility, although no timetable has been set in stone. Blocking of legal online gambling transactions led the two horse racing organizations to become involved. Similarly, in North Dakota and New Hampshire, major credit card companies denied legal online lottery purchases due to “overblocking.”

The effect that the December 1st deadline will have on the industry is not yet known. Stay tuned to Poker News Daily for the latest poker legislation headlines.

Chad Brown, Liv Boeree Join ESPN Inside Deal

The final installment of ESPN’s poker show “Inside Deal” before the 2009 World Series of Poker (WSOP) Main Event final table was released on Tuesday, featuring Chad Brown and Liv Boeree.

The “Inside Deal” crew moved to a new set to open the show and its attention immediately turned to Phil Ivey mucking the winning flush during last week’s WSOP on ESPN broadcast, which saw the field trimmed to 18 players. “Inside Deal” host Bernard Lee gave his take on the errant move: “It was shocking. That’s really all you can say. I’m sure it’s happened before, but not in the final 27 of the WSOP Main Event.” Ivey remains in the running for the $8.5 million first place prize despite the hiccup.

On Kara Scott being the new host of the GSN poker franchise “High Stakes Poker,” Lee quipped, “At least we know that Norman Chad will be watching;” Chad referred to Scott as “Kara Scott-Chad” throughout the 2009 WSOP Main Event broadcast. Poker News Daily can independently confirm that Scott is the new host of “High Stakes Poker” pending finalization of her contract and obtaining a working visa. No official announcement has been given by GSN.

A recent study released by the Joint Committee on Taxation, a U.S. Government agency, revealed that over $40 billion could be realized from taxing the internet gambling industry over a 10-year period. Lee explained the significance of the report: “That has to raise a lot of eyebrows in the government, knowing that amount of money could go into their coffers. This has to slowly move the pendulum toward us.” In the meantime, the financial services industry in the United States must come into full compliance with the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) by December 1st.

Boeree them joined the show and revealed that she studied physics and astrophysics in school before being cast for a poker reality show featuring Ultimate Bet pros Annie Duke and Phil Hellmuth. Boeree has been competing on the tournament circuit for only one year and commented, “I definitely don’t think I could go back to hosting now. I find it very difficult being at a European Poker Tour (EPT) event and asking people what their strategies were.” Her favorite band is Metallica, whom she has met and seen in concert. Boeree, a Brit, also claimed that her worst pet peeve of Americans is “easting like idiots.”

Brown discussed being one-half of a “power couple” in poker along with wife Vanessa Rousso: “We both have our own careers. As a couple, [we] can be supportive of each other.” Brown was the 2006 Bluff Magazine Player of the Year on the strength of five Top 40 finishes in World Poker Tour (WPT) events and a fifth place showing in EPT London. On the accolade, which only takes into account $5,000 buy-in tournaments with more than 100 players, Brown told Lee and fellow “Inside Deal” host Laura Lane, “These are the best players in the world you’re competing against.” John Juanda and Barry Greenstein were on his heels throughout much of the competition.

Brown noted that he was cast to be part of a movie directed by James Woods, but the project was put on hold due to the lingering global recession. On his acting career, the Team PokerStars Pro member explained, “If you’re a movie star, you can do whatever you want. If you’re a working actor, you need to stay in Hollywood and pound the pavement.” While Brown has put his acting skills to use on the green felts, Boeree commented that exploiting her femininity is advantageous: “There are definitely times when you can use it to your advantage. If you can flirt with the guys, they’ll want you to stick around.”

“Inside Deal” now heads to Las Vegas for the finale of the 2009 WSOP Main Event. The show is released each Tuesday on ESPN.com.

Online Poker Discussed in Massachusetts Committee Hearing

On Thursday, the Massachusetts Joint Committee on Economic Development and Emerging Technologies held a hearing to review proposals to expand gambling within the Commonwealth. Speaking on behalf of the online poker industry was Poker Players Alliance (PPA) Massachusetts State Director Randy Castonguay.

The PPA representative traveled to Boston to speak at the Gardner Auditorium. The goal was to include language in any casino bill that licensed and regulated online poker, which will likely bring in over $40 million per year in revenues to the Commonwealth of Massachusetts, according to figures released by the PPA. Castonguay told Poker News Daily prior to Thursday’s hearing, “Initially, we tried getting internet poker put on this year’s ballot. We were going to have the voters decide whether it should be regulated and taxed to protect the consumer.”

The Boston Globe newspaper noted that 17 bills focused on gambling would be heard on Thursday and that lawmakers were expected to remain in the city “well into the night” listening to proposals. The PPA has 25,000 members in Massachusetts out of more than one million total.

When the Commonwealth took up the issue of gambling, a provision in the proposed casino bill made playing online poker a crime. Castonguay explained in his testimony, “While the game as evolved, the way politicians think about it has not. It is hard to believe that when gaming expansion legislation was introduced two years ago and again this year, the bills included provisions that make poker on the internet a crime punishable by two years in prison and a $25,000 fine.”

On this year’s version of the casino gambling bill, Castonguay told Poker News Daily, “We want to get the language criminalizing online poker out of the current casino bill. Essentially, they took last year’s bill, made a few changes, and put it back in. They didn’t take out the language that criminalizes internet poker. We think that’s ridiculous.” Massachusetts’ inclusion is similar to the Washington State’s stance on internet gambling. There, playing online poker constitutes a Class C felony.

Castonguay tried to submit a copy of a petition backed by the PPA that calls for the regulation of online poker in Massachusetts. He explained, “Unfortunately, our petition was not certified by the Attorney General’s office due to a disagreement with our language. Fortunately, however, this Committee and our State legislature can regulate internet gambling through the formal lawmaking process.” PPA Executive Director John Pappas explained that the disagreement was with “how the petition was drafted and whether it could be put into a sensible ballot initiative.”

Castonguay’s focus was on advocating online poker as opposed to broader initiatives like internet gambling or online wagering on sports. The Massachusetts State Director explained, “We are advocating regulation of internet poker, not internet craps or roulette. And as every member of this Committee knows, unlike craps or roulette, poker is a game of skill that has been played in the home since the dawn of the game.”

A separate Globe article noted that a new casino bill is expected in January. Proponents have argued that allowing casino gambling in Massachusetts will bring badly-needed jobs and revenue to the Commonwealth, while adversaries argue that addiction and other societal ills will increase.

Congressman Barney Frank (D-MA) has introduced a similar measure on the national level. HR 2267, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act, was introduced in May and has attracted 62 cosponsors. The measure outlines a complete licensing and regulatory framework for the internet gambling industry in the United States.

Read Castonguay’s online poker testimony.

Internet Gambling Revenue Analysis Released by Joint Committee on Taxation

Today, Congressman Jim McDermott (D-WA) released a study by the Joint Committee on Taxation (JCT) revealing that up to $41 billion could be generated by regulating and taxing the internet gambling industry over a 10-year period.

This is one of several studies to be released by various outfits, but is the first to be handed down by an agency of the United States Government. On the importance of the JCT’s findings, McDermott commented in a press release distributed on Thursday, “I suspect that many of my colleagues… will take more interest in this issue once they see $41 billion available that they can match up with any number of worthy programs.” Being debated on Capitol Hill is major health care reform, one social program that could conceivably be funded through internet gambling.

McDermott continued, “I would suspect it’s only a matter of time before Congress appropriately moves to regulate the industry in order to protect consumers and reverse the flow of billions of dollars currently lost offshore as Americans gamble billions online despite attempts to prohibit the activity.” In May, the Washington Congressman unveiled HR 2268, the Internet Gambling Regulation and Tax Enforcement Act. The measure imposes a fee of 2% of deposits on licensed internet gambling operators.

HR 2268 is a companion bill to Congressman Barney Frank’s HR 2267, which establishes a comprehensive framework for companies to solicit U.S. customers. The two bills were introduced on the same day and HR 2267 is up to 62 cosponsors on both sides of the political spectrum. Safe and Secure Internet Gambling Initiative (SSIGI) spokesperson Michael Waxman told Poker News Daily, “This is a very significant development in support of the push to regulate the industry. We would expect that there will be more conversation and more interest in internet gambling regulations as Congress is attempting to figure out funding for health care and other various programs.”

Today, Democrats in Congress unleashed health care reform that comes with a price tag of nearly $900 billion. While not able to cover the full amount, legalizing internet gambling could, in theory, put a dent in the price tag. The JCT’s analysis does not include online sports betting, which is barred in Frank’s legislation. Moreover, the findings assume that states will not opt out of HR 2267. A February study by the U.S.-based firm PricewaterhouseCoopers revealed that up to $52 billion could be raised by taxing internet gambling companies over a 10-year period.

On the significance of a $4 billion per year revenue stream when programs like health care run over 200 times that total, Interactive Media Entertainment and Gaming Association (iMEGA) Chairman Joe Brennan explained, “It’s realistic to see it packaged with a number of revenue enhancers. As a standalone, in my opinion, it’s not enough money to be able to get people off the mark who have been against this in the near-term.”

Information released today by the SSIGI noted that Frank planned to hold a markup hearing on HR 2267, but the House Financial Services Committee has released no official information. For the balance of the week, Frank’s committee will be bogged down in discussion of systematic regulation, overdraft protection, and investor protection. The grizzly state of the U.S. economy has been the committee’s main focus since September of 2008.

Frank has also introduced HR 2266, the Reasonable Prudence in Regulation Act. The measure delays industry compliance with the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) by one year. As it stands, the financial services industry in the United States must come into full compliance with the 2006 law by December 1st, which is just five weeks away. The Poker Players Alliance (PPA), the industry’s main lobbying force, has been working feverishly to delay the deadline through other means, including appealing directly to U.S. Treasury Secretary Timothy Geithner and Federal Reserve Chairman Ben Bernanke.

The JCT study assumes that wagering taxes will be levied and that HR 2267 will be amended so that internet gambling companies doing business in the United States must also be incorporated in the United States. Read the full internet gambling study.

Stay tuned to Poker News Daily for the latest news from Capitol Hill.

Poker Industry Reacts to Kentucky Internet Gambling Hearing

On Thursday, attorneys representing the owners of 141 internet gambling domain names took to the floor of the Kentucky Supreme Court. Their goal: prevent the forfeiture of URLs belonging to industry giants like PokerStars, Ultimate Bet, and Full Tilt Poker.

Twenty-four hours later, the online poker industry has had an opportunity to digest the proceedings, which played out in Frankfort. Among those looking on via a live webcast of the 90-minute oral arguments was Poker Players Alliance (PPA) Executive Director John Pappas, who told Poker News Daily from Washington, D.C., “Aside from wishing I could be down there, I think the presentation of the prosecution was extremely weak and there were a lot of holes in it in that the Supreme Court justices pointed out. The attorneys for the side of the online sites did a very good job of presenting compelling, reasonable reasons for dismissing this case.”

Word of the seizure broke last September and sent shockwaves throughout the internet gambling industry. If successful, the action by the Commonwealth would render the 141 domain names inaccessible not just in Kentucky, but also worldwide. Interactive Gaming Council (IGC) attorney Ian Ramsey told Poker News Daily, “We felt very good about the arguments we presented. We felt we had the opportunity to present the material issues for this court to consider and welcome a well-reasoned decision.” When the Kentucky Supreme Court will hand down a decision is anyone’s guess; timelines have ranged from 60 days to four months.

Present in the courtroom on Thursday with Ramsey was PPA Kentucky State Director Rich Muny, who has been intricately involved at the local level in the case. Muny took time out from lunch shortly after the hearing and noted, “I thought it went really well. The justices heard from both sides and asked informed questions of everyone. We had great legal counsel in the case and it seemed like questions were targeted more at the Commonwealth than at us, which may indicate which way they’re leaning. It would be worse if we got peppered with difficult questions.” Ramsey added that the six justices present asked considerably more questions than they have in past hearings.

Interactive Media Entertainment and Gaming Association (iMEGA) counsel Jon Fleischaker was the third attorney to take to the podium on Thursday. His animated testimony seemed to speak volumes about the frustrated nature of the industry, which has several of its most well-known domain names at risk. iMEGA Chairman Joe Brennan told Poker News Daily, “John brought the passion today that a lot of people in the industry have felt. This is something that’s just plain wrong and it was great to see that today in court.” Fleischaker called the prosecution’s arguments “unheard of” and “wrong.”

On whether anything in Thursday’s hearing took Brennan and company by surprise, the iMEGA executive commented, “I thought everything went according to plan. We knew the cards that the Governor and the Secretary’s attorneys had with their briefs. They came out of the gate with a weak hand. They continue to make assertions and misrepresent the law and the status of internet gambling.”

In the process, Commonwealth attorney Eric Lycan labeled iMEGA and the IGC “illegal gambling trade associations.” Lycan added that the confiscated domain names would be put up for public auction, following similar action undertaken in the past by the IRS.

A two-to-one ruling by the Kentucky Court of Appeals in January in favor of the internet gambling industry prompted the Justice and Public Safety Cabinet to appeal.

Barney Frank, 18 Others Issue Letter to Geithner, Bernanke about UIGEA Rules

The fight to delay the implementation of the Unlawful Internet Gambling Enforcement Act (UIGEA) rules continues. Recently, 19 Congressmen, including Barney Frank (D-MA), issued a letter to Treasury Secretary Timothy Geithner and Federal Reserve Chairman Ben Bernanke.

The news comes on the heels of a letter sent by the Poker Players Alliance (PPA) in conjunction with the National Thoroughbred Racing Association and the American Greyhound Track Operators Association to the same two government individuals. In fact, the letter sent by the Congressmen alludes to the PPA’s petition directly, encouraging Geithner and Bernanke to use the Administrative Procedure Act to delay the implementation of the UIGEA rules by one year to December 1st, 2010. As it currently stands, the financial services industry must fall into line with the 2006 law six weeks from now.

Frank’s letter explains that the UIGEA rules were officially approved on January 19th, one day before current U.S. President Barack Obama took office. It implores, “We realize this is not a task you requested. We also believe this is an unreasonable burden on regulators and the financial services industry at a time of economic crisis, and it contradicts the stated intent of the Financial Services Committee.” Last year, Frank pushed HR 6870, which would seek to clarify what activities were permissible under the UIGEA, through the Financial Services Committee. However, any action on the bill was halted, as the crisis on Wall Street began shortly thereafter. Frank has been the Chairman of the Financial Services Committee since 2007.

The letter notes, “At our hearing in April 2008, the testimony of regulators and the industry indicated that it would be particularly difficult to craft workable regulations to effectively enforce the statute without having a substantial adverse effect on the payments system.” Instead of creating a “laundry list” of activities that are allowed online, the UIGEA instead defers to a muddled web of federal, state, and local laws. As a result, credit card companies like Visa and MasterCard began “overblocking” in an attempt to comply with the measure, leading to legal online lottery purchases being denied in states like New Hampshire and North Dakota.

The letter is signed by 19 Congressmen, all of whom are members of the Financial Services Committee: Frank, Peter King (R-NY), Luis Gutierrez (D-IL), Ron Paul (R-TX), Melvin Watt (D-NC), Judy Biggert (R-IL), Gary Ackerman (D-NY), Leonard Lance (R-NJ), Michael Capuano (D-MA), William Lacy Clay (D-MO), Paul Hodes (D-NH), Ron Klein (D-FL), Ed Perlmutter (D-CO), Bill Foster (D-IL), André Carson (D-IN), Walt Minnick (D-ID), Steve Driehaus (D-OH), Jim Himes (D-CT), and Dan Maffei (D-NY). Four Republicans are among the signers, who also include two Subcommittee Chairmen.

Frank introduced HR 2266 in May. The measure, affectionately dubbed the Reasonable Prudence in Regulation Act, would delay financial services industry compliance with the rules and regulations of the UIGEA by one year until December 1st, 2010. The measure was introduced in May and has generated 51 cosponsors. However, while the letter explains that HR 2266 is “likely to move,” Frank’s committee has been bogged down with the struggling U.S. economy, which boasts near-double-digit unemployment. As of the time of writing, no discussion of the bill is scheduled.

Frank also introduced HR 2267 in May, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act. The bill establishes a complete licensing and regulatory framework for the internet gambling industry in the United States. HR 2267 blocks wagers on sports under the Professional and Amateur Sports Protection Act (PASPA) and has attracted 62 cosponsors. As its name implies, HR 2267 places a considerable amount of emphasis on providing consumer protection in an effort to placate to those in Congress who are fearful of underage and problem gambling.

Barney Frank, 18 Others Issue Letter to Geithner, Bernanke about UIGEA Rules

The fight to delay the implementation of the Unlawful Internet Gambling Enforcement Act (UIGEA) rules continues. Recently, 19 Congressmen, including Barney Frank (D-MA), issued a letter to Treasury Secretary Timothy Geithner and Federal Reserve Chairman Ben Bernanke.

The news comes on the heels of a letter sent by the Poker Players Alliance (PPA) in conjunction with the National Thoroughbred Racing Association and the American Greyhound Track Operators Association to the same two government individuals. In fact, the letter sent by the Congressmen alludes to the PPA’s petition, encouraging Geithner and Bernanke to use the Administrative Procedure Act to delay the implementation of the UIGEA rules by one year to December 1st, 2010. As it currently stands, the financial services industry must fall into line with the 2006 law six weeks from now.

Frank’s letter explains that the UIGEA rules were officially approved on January 19th, one day before current U.S. President Barack Obama took office. It implores, “We realize this is not a task you requested. We also believe this is an unreasonable burden on regulators and the financial services industry at a time of economic crisis, and it contradicts the stated intent of the Financial Services Committee.” Last year, Frank pushed HR 6870, which sought to clarify what activities were permissible under the UIGEA, through the Financial Services Committee. However, any action on the bill was halted, as the crisis on Wall Street began shortly thereafter. Frank has been the Chairman of the Financial Services Committee since 2007.

The letter notes, “At our hearing in April 2008, the testimony of regulators and the industry indicated that it would be particularly difficult to craft workable regulations to effectively enforce the statute without having a substantial adverse effect on the payments system.” Instead of creating a “laundry list” of activities that are allowed online, the UIGEA instead defers to a muddled web of federal, state, and local laws. As a result, credit card companies like Visa and MasterCard began “overblocking” in an attempt to comply with the measure, leading to legal online lottery purchases being denied in states like New Hampshire and North Dakota.

The letter is signed by 19 Congressmen, all of whom are members of the Financial Services Committee: Frank, Peter King (R-NY), Luis Gutierrez (D-IL), Ron Paul (R-TX), Melvin Watt (D-NC), Judy Biggert (R-IL), Gary Ackerman (D-NY), Leonard Lance (R-NJ), Michael Capuano (D-MA), William Lacy Clay (D-MO), Paul Hodes (D-NH), Ron Klein (D-FL), Ed Perlmutter (D-CO), Bill Foster (D-IL), André Carson (D-IN), Walt Minnick (D-ID), Steve Driehaus (D-OH), Jim Himes (D-CT), and Dan Maffei (D-NY). Four Republicans are among the signers, who also include two Subcommittee Chairmen.

Frank introduced HR 2266 in May. The measure, affectionately dubbed the Reasonable Prudence in Regulation Act, would delay financial services industry compliance with the rules and regulations of the UIGEA by one year until December 1st, 2010. The measure was introduced in May and has generated 51 cosponsors. However, while the letter explains that HR 2266 is “likely to move,” Frank’s committee has been bogged down with the struggling U.S. economy, which boasts near-double-digit unemployment. As of the time of writing, no discussion of the bill has been scheduled.

Frank also introduced HR 2267 in May, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act. The bill establishes a complete licensing and regulatory framework for the internet gambling industry in the United States. HR 2267 blocks wagers on sports under the Professional and Amateur Sports Protection Act (PASPA) and has attracted 62 cosponsors. As its name implies, HR 2267 places a considerable amount of emphasis on providing consumer protection in an effort to placate to those in Congress who are fearful of underage and problem gambling.

iMEGA Readies for Kentucky Supreme Court Internet Gambling Hearing

In one week, attorneys for the Interactive Media Entertainment and Gaming Association (iMEGA) will take to the floor of the Kentucky Supreme Court to argue why the Commonwealth did not have jurisdiction to seize 141 internet gambling domain names, including those belonging to PokerStars and Full Tilt Poker.

Next Thursday marks an important day for the internet gambling industry in Kentucky and around the world. One year ago, the Kentucky Justice and Public Safety Cabinet, under the leadership of J. Michael Brown and the direction of Governor Steve Beshear, seized domain names belonging to some of the online poker industry’s giants. Arguments are scheduled for 11:00am on Thursday, October 22nd. Each side has 15 minutes to state its case and the proceedings are the final order of business on the docket for next week, leading iMEGA officials to believe that arguments may run longer than the scheduled time.

iMEGA Chairman Joe Brennan told Poker News Daily, “Since there’s no law as to how to approach this, the Governor and his attorneys went out and came up with a process on their own. They never named who was being served and basically asked people to come to court and identify themselves.” A total of 141 internet gambling domain names were seized under the grounds that they were “gambling devices,” a term that commonly refers to roulette wheels, dice, and other tangible items found in an underground casino.

In January, the Kentucky Court of Appeals ruled by a 2:1 margin that the Commonwealth did not have jurisdiction to act, while the lone dissenting judge argued that a domain name was part of a larger “gambling device.” Brennan explained, “Appellate Courts tend to take a conservative, narrow, statutory look. The gambling device statute is one thing, but there is ample case law regarding due process. I am absolutely certain that you’re going to see the Governor’s attorneys get up and talk about what crooked operators we’re dealing with.”

The trade organization argues that the Commonwealth violated due process by seizing the 141 domain names in question. Its brief to the Kentucky Supreme Court explains, “No real defendants were named, no process was issued, and no owner of any domain names was notified. In short, this was an action by the Commonwealth to seize property without the slightest pretext of complying with the fundamental dictates of due process.” Judge Thomas Wingate upheld the Commonwealth’s actions in a court ruling submitted last October.

Kentucky law describes a “gambling device” as “a machine or mechanical device… designed and manufactured primarily for use in conjunction with gambling.” iMEGA added in its brief that if Kentucky does not wish to permit internet gambling within its borders, then it should pass laws through the General Assembly. Brennan expects a decision by the Kentucky Supreme Court to be handed down in “a matter of months” following Thursday’s hearing, which will take place in Frankfort. A diverse group of organizations have submitted amicus briefs, including the Poker Players Alliance (PPA), American Civil Liberties Union (ACLU), the Center for Democracy and Technology, the Electronic Frontier Foundation, the Internet Commerce Association, eBay, and Network Solutions.

iMEGA is fresh off a mostly positive ruling in the Third Circuit Court of Appeals, which clarified the Unlawful Internet Gambling Enforcement Act (UIGEA) by noting that internet gambling’s legality depends on the laws of individual states. iMEGA claims that legal internet gambling is possible in 44 states, while its brief to the Kentucky Supreme Court explains that eight criminalize the industry to some degree: Illinois, Indiana, Washington, Louisiana, Oregon, Nevada, Montana, and South Dakota.

The Third Circuit disagreed with iMEGA’s assertions that the UIGEA trampled on First Amendment and privacy rights and dismissed the notion that it should be void for vagueness. Neither the Federal Government nor the trade organization has announced an appeal to the U.S. Supreme Court.

We’ll have a full recap of the iMEGA Kentucky Supreme Court hearing right here on Poker News Daily.

Sportingbet Reports 28% Increase in Earnings for FY 2009

The yearly fiscal report is out for Sportingbet PLC and the results for the publicly traded gaming company were generally positive.  Sportingbet, the parent company of online poker room Paradise Poker, saw growth in net revenue, earnings, money wagered, and profit thanks in part to a focus on emerging online gambling markets.  While the sports betting and casino ventures have been on the rise for the company, it appears as though it is paying less attention to its poker holdings, which saw a decline in earnings from 2008 to 2009.

Sportingbet, which is publicly traded on the London Stock Exchange under the symbol “SBT,” saw its net gaming revenue jump to £163.6 million from £144.3 in 2008, an increase of 13%.  Profits saw a 26% increase as well, coming in at £31.1 million thanks to more than £1.5 billion wagered on the site over the course of the year.  Last year, the company received a total of £1.35 billion in wagers.  The company’s Chief Executive, Andrew McIver, commented on Sportingbet’s performance in the official audited results through July 31st, 2009:

“This has been a very solid year for the Sportingbet Group. We are now seeing consistent profitable growth resulting from the structural changes made following our withdrawal from the U.S.  Our focus on sports betting and geographical diversification is helping to support earnings in these troubled economic times. Additionally, our commitment to offer industry-leading sports betting products and excellent customer service has helped us to recruit and retain core customers.”

The diversification McIvan spoke of includes launching versions of the site in Romania and South Africa as well as moving into other emerging markets like Canada and Brazil.  While the company continues to struggle against stiff competition in Britain, its efforts in Eastern Europe have been much more successful.  Sportingbet blamed the global recession and an expensive and over-saturated media market for its performance in the U.K., but its results in Eastern Europe more than compensated for its 21% decline in the British Isles.  The Eastern European revenue for Sportingbet grew by 26% and now accounts for more than 15% of the company’s total revenues—more than the entirety of its online poker operation.  The company attributed some of its success in that region to a launch of more than 90 Flash-based casino games.

The company saw several other changes this year as a number of national governments addressed the issue of online gambling via new laws, regulation, and licensing. The company noted, “Regulation continues to define the internet gambling industry across Europe and the rest of the world.  In general, we continue to see pressure on European countries to justify their national gambling regimes in light of the free-trade requirements of international law.”

Sportingbet took a pro-regulation stance on the issue and representatives of the firm are continuing to meet with a number of national regulatory bodies, including the U.S. Department of Justice, to discuss Sportingbet’s legal standing.  Sportingbet and Paradise Poker do not accept U.S. customers, which has resulted in a steady decline in revenue for its online poker venture since the site’s withdrawal from the American market following the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA).

In Europe, Paradise Poker’s revenue is down 7.6% from last year, bringing in only £22 million of the company’s total earnings.  The poker branch of Sportingbet used to be a major component of the company’s holdings, but it now represents only 12% of total revenue.  The company attributed its struggle in the online poker market to a high level of competition, “with certain large U.S.-focused poker companies using their significant cash flows and high liquidity to continue to attract customers from existing European only companies.”  This is a similar complaint to the one voiced by Party Gaming executives in its mid-year report, which was released last month.

Sportingbet is currently traded on the Alternative Investment Market (AIM) of the London Stock Exchange, but the recent report revealed that the company would try to move to the General Equity Market in the near future.  At the close of trading on October 14th, Sportingbet stock was fetching $76 per share.

Online Poker Industry Nearing December 1st UIGEA Compliance Deadline

On December 1st, the financial services industry in the United States must fall into full compliance with the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA). Working to delay the deadline is the Poker Players Alliance (PPA).

In May, Congressman Barney Frank (D-MA) introduced HR 2266, more commonly known as the Reasonable Prudence in Regulation Act. Frank’s piece of legislation pushes back the looming compliance date from December 1st, 2009 to December 1st, 2010, essentially extending the status quo by one year. In the interim, lawmakers on Capitol Hill could, in theory, devise a lucrative method for taxing and regulating the internet gambling industry in the United States, potentially reaping over $60 billion in revenue in the process.

HR 2266 currently boasts 48 cosponsors, including Andre Carson (D-IN), Jerrold Nadler (D-NY), Bennie Thompson (D-MS), and Melvin Watt (D-NC), who signed on to open the month of October. Despite the outpouring of support, PPA Executive Director John Pappas told Poker News Daily that other avenues besides the legislative process are being pursued since the December 1st deadline is rapidly approaching: “We are working with Barney Frank and others for a non-legislative solution to clarifying or delaying the UIGEA regulations. Given everything on the Chairman’s plate, one thing off of it is a good thing. We’re hoping to see a delay.”

One strategy the PPA is potentially pursuing is utilizing the Administrative Procedure Act. According to About.com, the law is typically used by federal agencies to create regulations to enforce laws passed by Congress. The Administrative Procedure Act was passed in 1946 and Pappas noted that the measure “allows for individuals and organizations like the PPA to weigh in with the Department of the Treasury and ask for a delay of a proposed rule.” As many poker players remember, the regulations of the UIGEA were rubber-stamped as “midnight rules” by the outgoing Bush Administration. They were officially adopted on January 19th, one day before U.S. President Barack Obama assumed office.

Working against the industry as the December 1st deadline approaches is the precarious state of the U.S. economy, which saw unemployment rise to 9.8% in September. In addition, Obama and others on Capitol Hill have been steadfastly pushing health care reform, which has also taken center stage. Consequently, issues like internet gambling have fallen by the wayside. Pappas explained, “The reality is that our country is facing a lot of challenges. From a poker player’s perspective, the UIGEA may be the top priority, but it’s not the top priority of Congress. Until Barney Frank can solve the issues facing his Committee, ours is not going to take precedence.” Frank chairs the Financial Services Committee.

Also expected is a letter authored by Frank and two-dozen other politicians to Treasury Secretary Timothy Geithner calling for a delay of the UIGEA regulations. As of the time of writing, no such letter has come to fruition. Others, including gambling law expert Nelson Rose, question whether the industry will see any changes after the December 1st deadline passes. In a July interview, Rose told Poker News Daily, “The whole program focuses on due diligence on new accounts. If you’re crazy enough to set up a bank account with an American bank, they’ll ask if you’re involved in illegal internet gambling.”

Frank has also introduced HR 2267, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act. The measure has attracted 60 cosponsors, including Shelley Berkley (D-NV), Steve Cohen (D-TN), Ron Paul (R-TX), and Robert Wexler (D-FL). HR 2267 was introduced on the same day as HR 2266 and establishes a complete licensing and regulatory framework for the internet gambling industry in the United States.

Stay tuned to Poker News Daily for the latest poker legislation headlines.

Senator Wyden Withdraws Proposal to Use Internet Gambling to Fund Health Care

The debate on Capitol Hill rages on over health care reform, which, according to Senator Orrin Hatch (R-UT), will likely come with a nearly $1 trillion price tag. Senator Ron Wyden (D-OR) proposed using internet gambling revenue to defray some of the cost, but withdrew his amendment this week.

In a column that appeared in the Deseret News, Hatch noted, “At a time when we have trillion-dollar-plus deficits and an unemployment rate reaching double digits, [this health care reform] is a colossal mistake I cannot support.” With the massive cost turning many off, Wyden suggested using tax revenue from Congressman Barney Frank’s (D-MA) Internet Gambling Regulation, Consumer Protection, and Enforcement Act (HR 2267). The bill establishes a full licensing and regulatory framework for the internet gambling industry in the United States.

Michael Waxman, spokesperson for the Safe and Secure Internet Gambling Initiative, commented in a press release shortly after the amendment was introduced, “We applaud Senator Wyden’s proposal to collect and put to good use tens of billions in internet gambling revenue that would otherwise be lost in the underground marketplace. The Senate Finance Committee should approve this resolution, finally putting to an end a failed prohibition on Internet gambling that leaves Americans unprotected and unlicensed offshore operators as the only beneficiary in a thriving marketplace.”

HR 2267 was introduced in May and has attracted 58 cosponsors, the newest of which are William Lacy Clay (D-MO), Christopher Murphy (D-CT), and Adam Schiff (D-CA). Interactive Media Entertainment and Gaming Association (iMEGA) Chairman Joe Brennan told Poker News Daily, “There are not many places you can go to find ‘free money’ right now. Internet gambling is one of them. You’re not going to have many industries wanting to be taxed.” Also in Congress is HR 2268, the Internet Gambling Regulation and Tax Enforcement Act. The measure, introduced by Congressman Jim McDermott (D-WA), assesses a tax of 2% of deposits on licensed internet gambling outfits in the United States. HR 2268 was introduced on the same day as HR 2267 and has attracted four cosponsors.

A recent study by PricewaterhouseCoopers indicated that over $60 billion could be generated from taxing the internet gambling industry over a 10 year period. However, that figure includes legalized online wagering on sports. On Wednesday, “The Hill” published an article noting that Wyden had withdrawn his proposed amendment. The Senator’s Communications Director told the publication, “The last thing Senator Wyden wants to do is make it more difficult to expand subsidies for working families by introducing a new contentious issue to the debate. So when he offers the amendment, he will do it with other funding mechanisms.”

Wyden’s attempt to demonstrate tangible uses for internet gambling revenue comes on the heels of McDermott’s introduction of HR 6501 in July of 2008. McDermott’s bill, dubbed the Investing in Our Human Resources Act, provided up to $40 billion in assistance for those currently or formerly in foster care and those in declining job markets. HR 6501 was not acted on during the 110th Congress. McDermott’s proposal was not well-received, as Congresswoman Shelley Berkley (D-NV) labeled it “a classic case of putting the cart before the horse.” Former Congressman Jon Porter (R-NV) piled on, saying that HR 6501 marked “a frivolous attack on the gaming community to pay for services that local governments, states, and the federal government should already be providing.”

Last month, Senator Robert Menendez (D-NJ) introduced S 1597, the Internet Poker and Games of Skill Regulation, Consumer Protection, and Enforcement Act. The bill, as its name implies, focuses on licensing games such as poker, bridge, chess, mahjong, and backgammon “in which success is predominantly determined by the skill of the players.” Menendez’s measure has not attracted any cosponsors.

Congress is targeting October 30th as its adjournment date for the 2009 calendar year.

Bob Barr Comments on the Future of Internet Gambling

The evidence keeps mounting that Capitol Hill is going to address the issue of internet gambling head-on.  Recently, a column from noted libertarian politician Bob Barr suggested that legislation clarifying the legal standing of internet gambling is on the horizon.

On Monday, Barr published the latest installment of “The Barr Code,” his weekly column in the Atlanta Journal-Constitution.  The entry, entitled “Get ready to ante up to Congress,” predicted that Congressman Barney Frank’s (D-MA) Internet Gambling Regulation, Consumer Protection, and Enforcement Act (HR 2267) would be heard in Congress sometime this fall.  Barr pointed out that in addition to Frank’s bill, which seeks to reverse the Unlawful Internet Gambling Enforcement Act (UIGEA) and implement a government-run system to tax and license online gaming venues, there are at least two other pieces of legislation designed to reverse the actions of the UIGEA.  In addition to Frank’s aforementioned bill, Frank also authored the Reasonable Prudence in Regulation Act, (HR 2266) which, if passed, would delay the December compliance date for U.S. financial institutions to meet UIGEA standards by one year.

Barr went on to discuss one of the major causes behind the growing support for regulated online gambling: the economy.  When discussing the possible hearings on the Frank bill, Barr noted, “It is likely that testimony in support of the legislation will be based as much on economics as on the principle that individuals should be able to gamble online if they want to.”  The former Presidential candidate then went on to add what many online gambling supporters have been saying for some time: “The economics of taxing Internet gambling are indeed impressive.”

According to Barr’s calculations, which are based on a PricewaterhouseCoopers study, the U.S. Government stands to gain $51 billion during the first decade online casinos are in operation, a sum that has many in Washington suddenly taking interest in the issue.  Even some of the traditional opponents of online gambling, like brick-and-mortar casinos, are coming onboard.  Barr cited Poker Players Alliance (PPA) Executive Director John Pappas when discussing the growing support from these land-based institutions.  Pappas pointed out that in countries in which online gambling has a less murky legal standing, many players take their gambling interests into nearby casinos as well.

The piece concluded with a reminder that even though there are a growing number of converts to the pro-online gambling movement, those who morally oppose gambling and institutions like the National Football League will continue to fight in opposition.  However, considering the country’s economic situation, Barr warned those who oppose internet gambling that the fight would only be getting tougher in the coming months.

Here is the conclusion of his article: “Moralists and business that see online gambling as competition can be expected to continue to oppose efforts to resuscitate the Internet gambling industry. The poor economy and profligate government spending may have become their most serious adversaries.”

A former Republican, Barr ran for President in 2008 on the Libertarian ticket along with Vice Presidential candidate Wayne Allyn Root.  A former sports handicapper, Root made appearances at last year’s World Series of Poker (WSOP) to promote the ticket’s pro-online gambling stance.

Internet Gambling Law Expert Reacts to UIGEA Decision

The story of the week in the internet gambling industry has been the constitutional challenge to the Unlawful Internet Gambling Enforcement Act (UIGEA) brought on by the Interactive Media Entertainment and Gaming Association (iMEGA). Internet gambling law expert I. Nelson Rose comments on the ruling, which was passed down by the Third Circuit Court of Appeals.

The Third Circuit tossed out iMEGA’s arguments that the UIGEA violated the First and Tenth Amendments of the United States Constitution as well as privacy rights and international treaties. However, the judicial body asserted, “It bears repeating that the Act itself does not make any gambling activity illegal. Whether the transaction… constitutes unlawful internet gambling turns on how the law of the state from which the bettor initiates the bet would treat that bet, i.e., if it is unlawful under that state’s law, it constitutes ‘unlawful internet gambling’ under the Act.” The bet must also be legal in the jurisdiction in which the internet gambling operator is located.

Rose was perplexed by the Third Circuit’s ruling, which seemed to, in part, shed light on the UIGEA’s meaning. He told Poker News Daily, “This decision was written by judges who appear to know absolutely nothing about gaming law.” Rose reiterated that only two states, Hawaii and Utah, ban commercial gambling. The 10-page court ruling cites Oregon as a state in which it may be problematic to conduct internet gambling. However, Rose noted, “It is bizarre to use Oregon as an example. Oregon has more forms of legal gambling than Nevada.”

Deferring to the states, therefore, may not be a straightforward endeavor. Rose explained, “I practiced law in Hawaii for over three years and I can tell you that neither these nor any other existing Hawaiian statutes clearly make all forms of internet gambling illegal.  The Oregon statute cited merely makes it a crime to transfer money for ‘unlawful gambling using the internet,’ which brings us back to the question of whether any other existing law covers internet gambling.” The U.S. Department of Justice, for example, may assert that online poker is illegal under the Wire Act, although organizations like the Poker Players Alliance (PPA) would deny such an interpretation.

If internet gambling’s legality varies on a state-by-state basis, then a long road may be in store for financial services outfits like Visa and MasterCard. Rose forecasted, “The reality is that some forms of internet gambling are expressly legal, such as pari-mutuel bets on horseracing in most states. In every other case, it would take a detailed analysis by a competent gaming lawyer to know whether the state’s anti-gambling laws might apply.” A handful of states allow permit lottery purchases, further complicating the matter. For example, TwinSpires.com, a site that offers online wagering on horse racing, is owned by the same publicly traded parent company as Churchill Downs in Kentucky.

A press release issued by iMEGA shortly after the Third Circuit’s decision noted that some forms of internet gambling were “potentially lawful” in 44 states. The organization added, “There are only a half-dozen states which have laws against internet gambling.” The Poker Voters of America (PVA) is leading the charge for licensed and regulated intrastate online poker in California. The PVA is also pushing for intrastate wagering in Florida. California offers a bevy of card rooms sprinkled within its borders, including the Commerce Casino and Bicycle Casino, which host World Poker Tour events.

iMEGA may appeal the Third Circuit’s decision in an effort to overturn the UIGEA, which was its primary goal. However, no decision has yet been made. The U.S. Department of Justice can also appeal the ruling.

Stay tuned to Poker News Daily for the latest on the iMEGA UIGEA challenge. A wealth of information on U.S. internet gambling statutes can be found at Rose’s website, GamblingAndTheLaw.com.

UIGEA Clarified: Legality of Internet Gambling Depends on State Law

A three-judge panel disagreed with many of the arguments made by the Interactive Media Entertainment and Gaming Association (iMEGA) on Tuesday as to why the Unlawful Internet Gambling Enforcement Act (UIGEA) should be deemed unconstitutional. In the process, however, internet gambling may now be a states’ rights issue.

The Third Circuit Court of Appeals passed down the historic ruling on Tuesday morning, which included the following text that should be of interest to online poker players: “It bears repeating that the Act itself does not make any gambling activity illegal. Whether the transaction… constitutes unlawful internet gambling turns on how the law of the state from which the bettor initiates the bet would treat that bet, i.e., if it is illegal under that state’s law, it constitutes ‘unlawful internet gambling.’” In essence, internet gambling apparently may be treated the same as brick-and-mortar gambling, which is governed at the state level. As it currently stands, six states have laws on the books outlawing internet gambling to various degrees.

The judges also indicated that the legality of internet gambling also depends on where the company accepting the wager is located: “The Act prohibits a gambling business from knowingly accepting certain financial instruments from an individual who places a bet over the internet if such gambling is illegal at the location in which the business is located or from which the individual initiates the bet.”

The panel, while seemingly clarifying the 2006 law, rejected iMEGA’s claims that the UIGEA was “void for vagueness” and violated First Amendment rights. On the latter point, the court explained that “acceptance of a financial transfer” is not a First Amendment right.

Despite the UIGEA not being overturned as a result of Tuesday’s actions, iMEGA Chairman Joe Brennan told Poker News Daily, “The judges went to pains to clarify that the law did not make internet gambling itself illegal. The UIGEA made no act illegal other than the payment processors taking money. The UIGEA defers to state laws to make the determination.” As long as the bettor and the internet gambling outfit are both located in jurisdictions where the activity is not outlawed, the UIGEA is not violated.

Brennan told Poker News Daily that he had not determined whether iMEGA would appeal the Third Circuit’s decision. It is also unclear whether the U.S. Government would appeal. Still also at issue is the Wire Act of 1961, which some would argue makes online poker and other forms of internet gambling illegal in the United States at the federal level. Brennan explained, “The Wire Act only affects businesses. Is the Wire Act still a problem? Yes, but it doesn’t make it illegal.” A feature by the CBS news program “60 Minutes,” for example, labeled online poker illegal multiple times, even though organizations like the Poker Players Alliance (PPA) contend that the 1961 law does not apply to internet poker.

The three-judge panel also rejected iMEGA’s claims that the UIGEA violated privacy rights and the Tenth Amendment. The latter asserts, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The Third Circuit instead claimed that as a third party, iMEGA lacked standing to argue the point.

What effect Tuesday’s decision will have on the internet gambling industry in the United States remains to be seen. Congress returns from session after Labor Day, when the PPA plans to push Barney Frank’s (D-MA) HR 2266, which delays financial services industry compliance with the regulations of the UIGEA by one year to December 1st, 2010. The measure has 35 co-sponsors and was introduced in early May.

iMEGA plans to release additional analysis on its UIGEA challenge later today. Stay tuned to Poker News Daily for the latest poker legislation headlines.

PokerStars and Full Tilt Poker Named in Online Poker Warrant Applications

Last week, Judge Laura Swain of the Southern District of New York (SDNY) asked attorneys for the United States Government to explain how the indictment of Account Services’ Douglas Rennick affected information contained in the warrant applications used to seize over $30 million from more than 24,000 online poker players.

As a result of the document filed by the Government last Wednesday, new information was released on the background of Account Services, including the company’s association with PokerStars and Full Tilt Poker. Half of the warrant applications used to seize funds from California branches of Wells Fargo and Union Bank were redacted (crossed out) when the documents were unsealed and released last week. However, Judge Swain commented, “The Court finds that certain other previously redacted portions of the materials should now be unsealed.”

In a section of the warrant application entitled, “Account Services’ History of Providing Payment Services for Online Gambling Companies,” the text reads, “Account Services has previously provided payment services for companies providing online gambling services, including Pokerstars and FullTilt Poker, the largest internet poker businesses in operation.” Dana Conte, the FBI Special Agent who swore to the affidavits, noted that the Wells Fargo account was likely used to transfer payments from PokerStars and Full Tilt, both of which accept players from the United States.

The document also profiles Rennick’s involvement with Account Services. The newly-released warrant application reveals, “There are multiple links between the Defendant Account and Douglas Rennick, a Canadian citizen who has previously processed winnings for the internet gambling industry. Rennick is one of the signers of the Defendant Account. Rennick is also associated with Alenis Limited.”

Rennick had indicated that the funds contained in the bank accounts would be used for activities like processing rebate checks and affiliate checks. J.P. Morgan closed the Wells Fargo and Union Bank accounts in December of 2008. Rennick had been associated with KJB Financial Corporation, Account Services, My ATM Online, Alenis Limited, and Check Payment Financial.

International money transfers from Cyprus were used to finance the Account Services operation. Conte noted, “I also learned that in April 2009, the individuals who applied to have the Defendant Accounts opened instructed Union Bank to list ‘Check Payment Financial Co.’ as the entity issuing checks… rather than ‘Account Services Corp.’” The Union Bank warrant application is dated June 24th, nearly two weeks after the seizure of funds took place.

Still redacted is the SDNY’s evidence for identifying PokerStars and Full Tilt. After fingering the two online poker behemoths, the warrant application notes, “There is probable cause to believe that the Wells Fargo Account Services Account was providing payment services for these online gambling companies in 2008 and 2009.” Then, a page of redacted text appears. In the Wells Fargo warrant application, sections entitled “The Defendant Account is Used to Transmit Gambling Payout Checks,” which continues for several pages, is fully redacted.

In July, Account Services filed a motion for return of property, namely $14 million in funds destined for online poker players. A hearing in the Southern District of California is scheduled for this Friday in the matter despite Rennick’s indictment on bank fraud, money laundering, and illegal gambling charges. He faces up to 55 years behind bars and $1.75 million in fines. The Poker Players Alliance (PPA) has filed an amicus brief on behalf of Account Services asserting that poker is a game of skill and therefore not illegal gambling.

PokerStars and Full Tilt Poker are the two largest online poker sites in existence. According to PokerScout.com, which monitors online poker room traffic, PokerStars boasts a seven day running average of 25,000 real money ring game players, with a 24 hour peak of 35,239. Full Tilt owns a seven day running average of 15,400 cash game players, with a 24 hour peak of 22,259. Trailing the duo is the iPoker Network, a non-USA friendly family of sites operated by Playtech.

Senator Robert Menendez Introduces S 1597 Legalizing Online Poker

On Thursday, Senator Robert Menendez (D-NJ) officially unveiled S 1597, the Internet Poker and Games of Skill Regulation, Consumer Protection, and Enforcement Act. Congress remains on recess until after Labor Day in the United States.

As its name implies, Menendez’s legislation explicitly legalizes and regulates games of skill like online poker, which should come as a welcome sign to players in the United States who question the legality of the game. The bill notes that poker, bridge, mahjong, backgammon, and chess are examples of games in which a player’s skill dominates the outcome: “While each of these games contains an element of chance, over any substantial interval, a player’s ultimate success is determined by that player’s relative level of skill.” Menendez’s measure weighs in at a hefty 89 pages.

The bill focuses heavily on online poker, noting, “Poker is part of the cultural and recreational fabric of the United States and has been since the founding days of the United States. United States poker aficionados have included presidents, judges, and statesmen.” S 1597 calls for the continuance of laws against sports betting online in a similar fashion to Congressman Barney Frank’s (D-MA) HR 2267, which establishes a complete licensing and regulatory framework for the internet gambling industry in the United States. HR 2267 was introduced exactly three months ago and is up to 54 co-sponsors.

The Secretary of the Treasury is responsible for overseeing the licensing process for skill game operators and prescribing regulations. Each applicant for a license must submit a comprehensive financial background, an outline of the company’s structure and that of its affiliates, criminal and credit histories of executives, and how each licensee plans to combat underage gambling and compulsive gambling. In addition, they must convey how the games offered will be fair. All gamblers must be at least 21 years-old.

Licenses run for five years and can be renewed at the end of each term. Like other recent internet gambling legislation, Menendez’s S 1597 calls for a list of “persons self-excluded from gaming activities at all licensee sites.” States have a period of 90 days to opt out of the legislation after it becomes law; Indian tribes can also exempt themselves from the bill. S 1597 addresses problem gambling, allocating $14.2 million per year between 2010 and 2014 for awareness, treatment, and research.

S 1597 clearly states, “Nothing… shall be construed to repeal or amend any provision of State or Federal law prohibiting, restricting, or otherwise addressing bets or wagers on sporting events.” Professional sports leagues like the NFL have expressed a desire for Frank’s HR 2267 to contain clearer language outlawing sports betting. During a working dinner as part of National Poker Week, the Poker Players Alliance (PPA) claimed it was part of a “broad coalition” that included the NFL.

The Federal Government and State Governments will each reap 5% of a licensee’s deposits during each calendar month in taxes. Unauthorized gambling is subject to a 50% fee. Menendez’s S 1597 is similar in scope to last session’s S 3616, the Internet Skill Game Licensing and Control Act. However, Thursday’s version focuses on consumer protections. The PPA reviewed a draft of the bill in mid-July with what the organization called a “commitment” from Menendez to introduce it. The online poker measure was scheduled to be released before August 1st. However, it was ultimately revealed to the world on Thursday.

The 1.2 million member strong PPA will likely push its members to call their Senators and urge support of Menendez’s S 1597. As of the time of writing, no companion bill exists in the House of Representatives. Frank’s HR 2267 encompasses all forms of internet gambling except sports betting, whereas Menendez’s only legalizes games of skill. Congressman Robert Wexler (D-FL) introduced the Skill Game Protection Act (HR 2610) during the last Congressional session. It exempted player versus player games from internet gambling law, including the Wire Act of 1961 and Unlawful Internet Gambling Enforcement Act (UIGEA).

The PPA had not released an official statement on S 1597 as of press time. We’ll have full industry reaction to Menendez’s online poker legislation on Poker News Daily.

Senator Menendez to Introduce Online Poker Legislation on Thursday

In breaking news from Capitol Hill, Senator Robert Menendez (D-NJ) will introduce legislation to license and regulate online poker in the United States on Thursday, according to Dow Jones Newswires.

During National Poker Week, which occurred from July 19th to 25th, it was revealed that Menendez would likely drop legislation during the festivities or the following week. Then, Poker News Daily learned that a bill similar to last Congressional session’s S 3616 would likely be introduced this week. Poker Players Alliance (PPA) Executive Director John Pappas stated during a working dinner to open National Poker Week, “Pushing poker will be an immediate lift and will be easier than [legalizing] other things.” He also reminded over 30 of the PPA’s State Directors, a handful of poker pros, and media in attendance, “Poker has always been played in people’s homes. We are the Poker Players Alliance. We aren’t the Roulette Alliance. We love the Menendez bill because it focuses on our core beliefs.”

The PPA had a draft of the bill in mid-July. Menendez’s S 3616 was introduced last September and dubbed the Internet Skill Game Licensing and Control Act. The bill’s definitions specifically included online poker, explicitly legalizing the game in the United States: “The term ‘Internet skill game’ means an Internet-based game that uses simulated cards, dice, or tiles in which success is predominantly determined by the skill of the players, including poker, bridge, and mahjong.” The bill called for the legalization of skill games not backed by the house, meaning that the action was primarily player versus player. Online poker rooms like PokerStars and Full Tilt Poker raise revenue by taking a percent of each pot or tournament buy-in, dubbed the “juice” or “rake.”

In order to apply for a license to operate a skill game online and solicit customers from the United States, complete financial information was required. Also required were an outline of an organization’s corporate structure and the “names of all persons directly or indirectly interested in the business of the applicant and the nature of such interest.” Background checks of individuals and directors associated with each licensee would have been conducted and betting on sports was specifically prohibited. S 3616 vanished from the record after the 110th Congress adjourned.

According to the PPA, the legislation to be introduced by Menendez on Thursday will be similar to S 3616. The Dow Jones report notes, “It would establish a regulatory framework that would allow online poker companies to register in the U.S.” A 10% tax on deposits would be added, 5% to State Governments and 5% to the Federal Government. During the last Congressional session, Congressman Robert Wexler introduced a similar measure in HR 2610, the Skill Game Protection Act, which exempted poker and other skill games from existing internet gambling legislation.

At the beginning of May, Congressman Barney Frank (D-MA) introduced HR 2266, which would delay industry compliance with the Unlawful Internet Gambling Enforcement Act (UIGEA) by one year to December 1st, 2010. In addition, the Massachusetts lawmaker unveiled HR 2267, which establishes a comprehensive licensing and regulatory framework for the internet gambling industry in the United States. HR 2267 currently boasts 54 co-sponsors, while HR 2266 has 35.

We’ll have full details on Menendez’s new Senate bill as soon as it’s released right here on Poker News Daily.

World Poker Tour Sold to Gamynia Limited

In breaking news from the World Poker Tour (WPT), its parent company has sold the roving tournament series for $9.075 million plus a percentage of future revenues to Gamynia Limited. Recently, the WPT recorded its second straight month of profitability.

Its complete library of WPT episodes and intellectual property are just two of the assets that Gamynia Limited will absorb as part of the sale. The current ownership of the WPT will continue to receive revenues associated with “the sponsorship of Seasons Four, Five, and Six of the World Poker Tour and Season One of the Professional Poker Tour by Party Gaming and the license of Season Seven of the World Poker Tour to PokerStars.” The parent company of the WPT plans to use the $9.075 million in newfound revenue for business ventures that are unrelated to poker.

The sale will likely be completed during the fourth quarter of 2009, but must first be approved by a majority of the company’s stockholders. A special meeting to ratify the sale will be held and, in the meantime, the WPT has secured 39% of its stockholders as “yes” votes. WPT Founder, President, and CEO Steve Lipscomb commented in a market update distributed late Monday, “We believe this transaction will enable the World Poker Tour to realize its full potential across both its existing businesses and the lucrative online gaming market. Gamynia and its partners possess highly complimentary resources which will help it invest in and effectively integrate with the World Poker Tour efficiently and profitably.”

Gamynia has already reached out to Hardway Investments, which, according to the same release, “will seek to exploit and develop the WPT brands with the goal of maximizing future revenue opportunities.” Hardway’s existing clients include some of the internet gambling industry’s marquee names like Playtech (which owns and operates the popular iPoker Network), Casino Tropez, Titan Poker, and Europa Casino. It also works closely with the affiliate group Euro Partners. Hardway is based in Antigua and brings a significant amount of internet gambling experience to the WPT brand.

WPT Enterprises will retain its cash on-hand, debt investments, office leases, and “employee obligations.” No proceeds from the sales will be distributed to WPT Enterprises’ stockholders. Its stock is traded on the NASDAQ under the symbol “WPTE” and was down $0.41 at the time of writing on Tuesday, or 27%, to $1.08. WPTE closed trading on Monday at a price of $1.49, but the release made to Business Wire was not published until after the NASDAQ had ceased trading for the day. After the sale is completed, WPT Enterprises will continue operations under a new name. The company plans to use its cash leftover from the poker business to enter into a joint venture or other business relationship with a new company.

The WPT is in the midst of filming its eighth season, which will once again air on Fox Sports Net. Its next tournament kicks off on August 22nd from The Bicycle Casino in Los Angeles, home of the Legends of Poker. The $10,000 buy-in tournament crowns a champion four days later. Last year, poker pro John “The Razor” Phan dominated the field of 373 players and earned a $1.1 million first place prize. He defeated online poker sensation Amit “amak316” Makhija heads-up in a final table that also featured Zachary Clark, Paul Smith, Trong Nguyen, and Kyle Wilson.

Attendance at the kickoff U.S. event of Season VIII of the WPT was down sharply. Just 268 players turned out for the annual Bellagio Cup, down 40% from the 446 that took to the felts at the storied Las Vegas casino in 2008. In the end, Team PokerStars Pro member Alexandre Gomes defeated Faraz “The-Toilet” Jaka heads-up to earn $1.2 million.

Barney Frank’s Internet Gambling Bill Breaks 50 Co-Sponsors

This week saw Congressman Barney Frank’s (D-MA) HR 2267, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act, officially break 50 co-sponsors. The bill establishes a complete licensing and regulatory framework for internet gambling outfits to solicit U.S. customers.

The addition of two Congressmen officially pushed the support to over 50 co-sponsors. On July 27th, just a few days removed from the conclusion of National Poker Week, Congressman Mike Thompson (D-CA) lent his name to the bill to become co-sponsor #50. One day later, Congressman Dan Maffei (D-NY) joined on. Flanking Thompson and Maffei are Congressmen from both sides of the aisle. Each has come out to support legalizing the internet gambling industry in the United States and reaping tax revenue in return. Here is a full list of HR 2267’s co-sponsors, as given by the Safe and Secure Internet Gambling Initiative (SSIGI), along with the political party each belongs to (Democrat or Republican):

Alaska
Don Young (R)

Arizona
Raul Grijalva (D)

California
Michael Thompson (D)
George Miller (D)
Michael Honda (D)
Linda Sanchez (D)
Bob Filner (D)

Colorado
Jared Polis (D)
Ed Perlmutter (D)

Connecticut
Joe Courtney (D)

Florida
Robert Wexler  (D)
Alcee Hastings (D)

Hawaii
Neil Abercrombie (D)

Idaho
Walt Minnick (D)

Illinois
Luis Gutierrez (D)
Bill Foster (D)

Indiana
Andre Carson (D)

Massachusetts
James McGovern (D)
Barney Frank (D)
Michael Capuano (D)
William Delahunt (D)

Michigan
John Conyers (D)

Nevada
Shelley Berkley (D)

New Hampshire
Paul Hodes (D)

New Jersey
Robert Andrews (D)
Frank LoBiondo (R)
John Adler (D)
Steven Rothman (D)

New York
Tim Bishop (D)
Steve Israel (D)
Peter King (R)
Carolyn McCarthy (D)
Gary Ackerman (D)
Joseph Crowley (D)
Jerrold Nadler (D)
Edolphus Towns (D)
Mike McMahon (D)
Charles Rangel (D)
Paul Tonko (D)

North Carolina
Melvin Watt (D)

Ohio
Steve Driehaus (D)
Tim Ryan (D)

Oregon
Earl Blumenauer (D)

Tennessee
Steve Cohen (D)

Texas
Ron Paul (R)
Ciro Rodriguez (D)

Virginia
Bobby Scott (D)
Tom Perriello (D)
James Moran (D)

Washington
Jim McDermott (D)

HR 2046, introduced during the last Congressional session and labeled the Internet Gambling Regulation and Enforcement Act, garnered 48 co-sponsors. Frank unveiled it to the world in April of 2007, but it was not acted upon. The new version forbids gambling on any event that would violate the Professional and Amateur Sports Protection Act. However, Poker Players Alliance (PPA) Executive Director John Pappas noted during National Poker Week that sports leagues are seeking clearer language in the bill. He explained, “Changes need to be made to explicitly outlaw sports betting.”

HR 2266 was introduced on May 6th, the same day as HR 2267, and calls for industry compliance with the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) to be delayed by one year to December 1st, 2010. The measure is dubbed the Reasonable Prudence in Regulation Act and is up to 32 co-sponsors. On its sister bill reaching the milestone 50th co-sponsor, SSIGI spokesperson Jeff Sandman commented in a press release, “Reaching this milestone illustrates that momentum is growing for a shift in U.S. policy and a rewrite of U.S. internet gambling laws. We also expect an increased spotlight on internet gambling as a way to augment federal revenues and help cover the cost of necessary policy initiatives.”

During a Fly-In orchestrated by the PPA as part of National Poker Week, over 100 meetings were held with Congressmen and their staffs from around the United States. Attendees included 33 PPA State Directors and a handful of poker’s elite, including Poker News Daily Guest Columnists Annie Duke and Linda Johnson, PokerStars pros Dennis Phillips and Greg Raymer, Full Tilt Poker pros Andy Bloch and Howard Lederer, and online poker sensations Chris “Fox” Wallace and Jordan “iMsoLucky0” Morgan.

Over 375,000 concerned players signed an online poker petition, which was presented to U.S. President Barack Obama last week. In addition, nearly 200,000 letters and e-mails were sent to Representatives and Senators during National Poker Week. The PPA’s Randy Law admitted that just 80,000 were sent during the entire 2008 calendar year. The organization currently has over 1.2 million members after boasting only 50,000 in mid-2006.

UIGEA Regulations Won’t Change Online Poker Industry

Coming out of National Poker Week, an effort orchestrated by the Poker Players Alliance (PPA) to legalize and regulate the online game in the United States, many wondered what the future of the industry would be once the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) are fully enforced in December.

As it currently stands, the financial services industry has until December 1st to comply with the 2006 law. Despite the presence of 32 co-sponsors of HR 2266, which delays mandatory compliance with the UIGEA by one year, the bill has yet to see time in the House Financial Services Committee. In addition, Congress will be on recess during the month of August and return after the Labor Day holiday in the United States.

In an exclusive interview with Poker News Daily during the recent PPA Fly-In, poker lobbyist Mickey Leibner noted, “We hope that HR 2266, which is the bill to delay the implementation of the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) by one year – We’re hopeful that we can get something done on that as soon as we get back from the August recess. That’s the plan.” In the interim, concerned poker players are encouraged to call, e-mail, and write their Congressmen urging support of HR 2266 and HR 2267, the latter of which establishes a full licensing and regulatory framework for the internet gambling industry in the United States. Congressman Barney Frank (D-MA) introduced both measures in early May.

In order to gauge the potential effectiveness of the regulations once they are in full effect, Poker News Daily sat down with noted gambling and the law expert Nelson Rose.

Poker News Daily: What do you foresee as the status of the online poker industry in the United States come December?

Rose: I think there’s a good chance that HR 2266 will pass. Nobody likes the regulations of the UIGEA, but it’s of such little interest to members of Congress right now.

PND: You had mentioned to us in a previous interview that you doubted how effective the regulations of the UIGEA would ultimately be. Can you comment on that?

Rose: I don’t think they’re going to have any effect at all. The whole focus has changed. Instead of looking at individual transactions, financial institutions are now told not to. Basically, the whole program focuses on due diligence on new accounts. If you’re crazy enough to set up a bank account with an American bank, they’ll ask if you’re involved in illegal internet gambling. Banks are specifically told not to look at individual transactions, so it doesn’t really do much except impose an extra level of regulation and cost onto the banks. The payment processors have already figured out ways around it.

PND: Is over-blocking by companies like Visa and MasterCard a function of compliance with the UIGEA? For example, legal online lottery transactions in North Dakota and New Hampshire have been blocked.

Rose: The credit card companies stopped letting their cards be used a few years ago. It was partly because of a fear of charge backs and partly because they were afraid they were doing something illegal. The U.S. Department of Justice ran a very successful campaign of intimidation and it worked. In fact, I work with racetracks and state lotteries and they’re having a horrible time doing transactions that everyone agrees are legal.

The UIGEA is a piece of garbage, but the regulators did the best they could do with it. It’s an un-funded mandate. It’s a requirement that banks spend money for nothing and that’s not what the government should be doing right now, partly because we’re in a financial crisis. It’s also personal intrusion. The regulations would have been killed last summer, but the Republicans decided to make it into a political issue.

Visit GamblingAndTheLaw.com for more information.

Poker News Daily Heads to National Poker Week

Sunday marks the official start of National Poker Week. The seven day affair features a concerted effort calling for the legalization and regulation of online poker in the United States. Poker News Daily will head to the nation’s capital as part of the Week’s Fly-In organized by the Poker Players Alliance (PPA).

Thirty of the PPA’s State Directors and at least a half-dozen poker pros will be in attendance, meeting with Congressmen and Senators on Capitol Hill. The PPA is targeting both poker-friendly lawmakers and those still on the fence in an effort to drum up support for HR 2267, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act, and HR 2266, the Reasonable Prudence in Regulation Act. The former establishes a comprehensive licensing and regulatory framework for the internet gambling industry in the United States, while the latter delays compliance with the Unlawful Internet Gambling Enforcement Act (UIGEA) by one year.

A message posted on the official website of National Poker Week states, “Join the thousands of poker players from across the country who will raise their voices to help keep America’s most popular game legal during National Poker Week.” State Directors, poker pros, and media from around the United States will check in during the day on Monday to the Fly-In’s official hotel, the Hyatt Regency Capitol Hill. A panel discussion will be held in the afternoon in Room 2237 of the Rayburn House Office Building. The group will be discuss how the industry can be properly regulated and features Wired Safety Executive Director Dr. Parry Aftab, Cigital Vice President Stuart Dross, and a former executive with International Gaming Technology, Paul Matthews.

At 6:00pm on Monday at the Hyatt, a working dinner will be held featuring comments by Congressman Robert Wexler (D-FL). A reception precedes dinner. The gala will focus on appropriate talking points for attendees meeting with Congressmen on Tuesday and Wednesday. Poker News Daily will likely have media access to several meetings on Capitol Hill to give our readers an in-depth look at common talking points for conversing with lawmakers. State Directors were given literature outlining discussion points as well as a comprehensive overview of HR 2267, which was introduced by Congressman Barney Frank (D-MA) in May and boasts 47 co-sponsors.

On Tuesday night, Poker News Daily Guest Columnist Annie Duke, Andy Bloch, Jan Fisher, Linda Johnson, Howard Lederer, and 2008 November Nine member Dennis Phillips will host a charity poker tournament benefiting the USO of Metropolitan Washington. The invitation-only event is free to enter and features $100 rebuys. The PPA is fronting the entire cost of the event and will be making its own donation to the tournament’s benefactor. Prizes for the winners include travel packages and poker tutorials. Poker News Daily will be on-site during the event, which will be held in the Ticonderoga Room of the Hyatt at 7:00pm. Congressional representatives, soldiers, and poker players alike will take to the felts in this unique event.

On Wednesday, continental breakfast will precede meetings with Congressmen. State Directors are encouraged to check out after 5:00pm and then enjoy the city of Washington, DC. The PPA reserved a block of rooms at the Hyatt for the event and, around July 1st, all but a handful were booked in what is expected to be a widely-attended Fly-In. National Poker Week was announced in June as part of a press conference held at the Rio during the 2009 World Series of Poker (WSOP).

An online poker petition will be presented to President Barack Obama on Wednesday. How it will be given to the Commander in Chief is not yet known, but the petition has attracted 345,000 signatures after clipping the 300,000 mark on July 14th. PPA officials were aiming to eclipse 500,000 signatures by Monday.

Look for updates from National Poker Week in the next few days right here on Poker News Daily.

National Council on Problem Gambling Announces 2010 Portland Conference

The National Council on Problem Gambling has announced plans to hold its annual conference in Portland, Oregon from June 10th to 12th, 2010. The organization is fresh off its Indianapolis convention, which attracted 350 industry representatives.

For National Council on Problem Gambling Executive Director Keith Whyte, one of the highlights of the Indianapolis conference was a session on “gambling court.” Essentially a diversion program for first-time gambling offenders, the court is one-of-its-kind and makes its home in New York. A judge from the gambling court traveled to the Indiana capital for an educational session and held five vignettes. However, the audience was in for a surprise at the conclusion of the final skit. Whyte recalled, “The fifth case was actually real. Fourteen members of the person’s family came down from Buffalo. He actually graduated during the session and his sentence was expunged. He received a standing ovation from the audience.”

A total of 350 people attended the conference and, although the number was down by 40% from the 2008 version, Whyte remained optimistic due to the sluggish economy. He remarked, “We were still really pleased with the turnout. The majority of the attendees were counselors. We had some good corporate support, including every segment of the Indiana gaming industry: lottery, tracks, and casinos.” A New York Times award-winning author was also in attendance.

State chapters of the Council bid to host the conference each year. This time around, the Oregon and Washington delegations teamed up to pitch an event in Portland. According to Whyte, Oregon boasts the highest funded problem gambling program per capita. In addition, he explained, the Western state has “one of the most widely distributed gambling environments including card rooms, video lottery machines, and tribal casinos. They have more non-casino gaming machines than almost every other state. In spite of the risk factors, they seem to have made a big impact.” The Oregon conference will be held concurrently with the Portland Rose Festival, which takes place every June.

Last month right before the conference, Whyte and the National Council on Problem Gambling successfully lobbied for the introduction of HR 2906, the Comprehensive Problem Gambling Act. The groundbreaking piece of legislation currently boasts seven co-sponsors, including Congressmen Barney Frank (D-MA) and Jim McDermott (D-WA). Whyte explained, “We’re trying to take the offensive with this bill. We’re showing that, if you’re concerned about problem gambling at all, this is how we would address it. We’re hoping to show that there are possibilities regardless of a person’s personal or political opinion on gambling. Every Congressman supporting Frank’s bills should be on ours as well.”

The Council has sent letters to co-sponsors of Frank’s HR 2266 and HR 2267 calling for their support of HR 2906. The former bill delays industry compliance with the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) until December 1st, 2010. HR 2267 outlines a licensing and regulatory framework for the internet gambling industry in the United States. Whyte and company have also contacted co-sponsors of HR 2268, McDermott’s Internet Gambling Regulation and Tax Enforcement Act. The measure currently has two co-sponsors, Frank and Earl Blumenauer (D-OR).

HR 2906 calls for $14.2 million per fiscal year to be allocated towards funding public awareness, research, and treatment of problem gambling. The piece of legislation was introduced by Congressmen Jim Moran (D-VA), Lee Terry (R-NE), and Frank Wolf (R-VA) and referred to the House Committee on Energy and Commerce. The bill’s text notes that six million adults met the criteria for problem gambling in 2008. In addition, the social cost of problem gambling approached $7 billion last year.

Visit the website of the National Council on Problem Gambling for more information.

Poker Players Alliance Announces National Poker Week

Mark your calendars now for the first ever National Poker Week, which kicks off on July 19th and runs through the 25th. The grassroots initiative is the brainchild of the Poker Players Alliance (PPA), the industry’s one million member strong lobbying force.

The PPA unveiled National Poker Week at a press conference on Monday inside the Rio All-Suite Hotel and Casino during the 2009 World Series of Poker (WSOP). The gala featured Congresswoman Shelley Berkley (D-NV), whose Internet Gambling Study Bill was introduced during the 110th Congress, but failed to be marked up by the House Judiciary Committee. Also in attendance were PPA Chairman and former three-term Senator from New York Alfonse D’Amato, Poker News Daily Guest Columnist and Tournament Directors Association Co-Founder Linda Johnson, and 2004 WSOP Main Event Champion Greg Raymer. Following the press conference, Berkley issued the “Shuffle Up and Deal” command to start play in the Amazon Room.

PPA Executive Director John Pappas told Poker News Daily about Monday’s press conference announcing the initiative: “I thought it went very well. Shelley Berkley was magnificent with her command for the issue and stated why it’s important for poker players to get involved in a meaningful way. She explained that the poker community should rally around the initiatives that the PPA is putting forth in order to make sure that legislation like Barney Frank’s bill will get passed.” Frank has two measures in Congress: HR 2267 establishes a licensing and regulatory framework for the internet gambling industry in the United States. HR 2266 delays the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) from being implemented for one year to December 1st, 2010.

The PPA will fly in of over 30 of its State Directors to Washington, D.C. as part of National Poker Week. While in the nation’s capital, the State Directors will meet with their elected officials to pitch support for legislation like HR 2266 and HR 2267. In addition, the crew will deliver a petition to U.S. President Barack Obama calling for exemption of poker from the UIGEA. Over 10,000 concerned players have signed the virtual poker petition, which will be delivered on July 22nd. It opens with a simple statement regarding the rights of poker players: “I am a voter and a fellow poker player asking for your support of my right to play games of skill like poker on the Internet.” In order to sign the petition, a person’s first name, last name, e-mail address, and mailing address are required. As I wrote this paragraph, 20 players have lent their names.

Professional poker players slated to be part of the event include Howard Lederer, Andy Bloch, Poker News Daily Guest Columnist Annie Duke, Jan Fisher, Linda Johnson, and 2008 November Nine member Dennis Phillips. On July 21st, a charity poker tournament benefiting the United Service Organizations (USO) and the Malone House at Walter Reed Army Medical Center will take place. The PPA is fronting the costs for the event in order to ensure that all of the money raised goes directly to the beneficiary organizations. The prizes and buy-in for the tournament were not available at the time of writing.

A key element leading up to National Poker Week is the launch of MyPokerStory.com, which invites poker players from around the country to submit a video of why the game is important to them and why the U.S. Government should legalize the Great American Pastime. All videos will be entered into a drawing for a two night Las Vegas package complete with airfare for two people. A total of 16 amateur videos are currently posted, including a clip from Congressman Joe Barton (R-TX). In addition, World Poker Tour Host Mike Sexton, “Cowboy” Kenna James, and Lederer have all submitted recordings. Interested WSOP spectators and players can produce their own videos at the PPA’s booth outside the Amazon Room.

Media present at the 45 minute long event on Monday received a tutorial on the PPA’s new National Poker Week web tools. In addition, it was revealed that a variety of telephone and e-mail campaigns will take place.

PPA to Announce National Poker Week on June 22nd at 2009 WSOP

The Poker Players Alliance (PPA), the industry’s main lobbying force, will announce its plans for National Poker Week on Monday at the 2009 World Series of Poker (WSOP). An press conference to be held at 11:00am Pacific Time will feature Full Tilt Poker pro Howard Lederer, Congresswoman Shelley Berkley (D-NV), former three-term Senator from New York and current PPA Chairman Alfonse D’Amato, and PPA Executive Director John Pappas.

The announcement of Poker Week comes on the heels of the seizure of $30 million belonging to online poker payment processors by the U.S. Attorney’s Office for the Southern District of New York at the beginning of June. The news rocked the online poker industry and, although echecks recently reappeared as a deposit option on PokerStars, over 24,000 players were affected; many are now gun-shy about cashing out. Bank accounts in Arizona and California were targeted at the PPA is currently engaged in dialogue with the Southern District over the contents of the funds that were frozen. No formal lawsuit has been filed by attorneys for the PPA, payment processors, or the Interactive Media Entertainment and Gaming Association (iMEGA), which has been keeping a close eye on the situation.

So what is National Poker Week? The PPA’s website explains that the event is “a coordinated grassroots advocacy effort focused on educating lawmakers in Washington, D.C. on the benefits of protecting the game of poker.” Lederer, Berkley, D’Amato, and Pappas will kick off the festivities on Monday, June 22nd in Pavilion 11 of the Rio All-Suite Hotel and Casino, just down the hallway from the massive Amazon Room, which is playing host to the 2009 WSOP. New advocacy tools will be rolled out, which Poker News Daily has learned includes new forms to contact Congressmen on Capitol Hill. Pappas will walk media members in attendance through the PPA’s new features at the conclusion of the event, which will also consist of a question and answer session.

Media were sent two e-mails about the event, the second of which announced the attendance of Lederer, a longtime supporter of the PPA. While many media outlets are expected to be in attendance, it is not clear whether the event is open to the general public.

Berkley is a co-sponsor of Barney Frank’s HR 2267, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act, which was introduced on May 6th. A total of 33 other members of Congress have also stepped up to co-sponsor the bill, which establishes a complete licensing and regulatory framework for the internet gambling industry in the United States. Frank’s HR 2266, the Reasonable Prudence in Regulation Act, is up to 19 sponsors. HR 2266 delays the compliance date of the Unlawful Internet Gambling Enforcement Act’s (UIGEA) regulations by one year to December 1st, 2010.

Representatives from Poker News Daily will be in attendance at the Rio on Monday for the 11:00am press conference, which comes nearly 10 days removed from the beginning of the 2009 WSOP Main Event. The feature tournament kicks off on July 3rd with the first of four starting days and plays down to its final table on July 15th. The action will then break for 100 days, resuming on November 7th. The spectacle will play down to a winner on November 10th inside the Penn and Teller Theater at the Rio and air on cable station ESPN that evening.

Poker News Daily has learned that Frank is slated to issue the “Shuffle Up and Deal” command for one of the starting days of the 2009 WSOP Main Event. Last year, Congressman Robert Wexler (D-FL), whose Skill Game Protection Act would have exempted poker, bridge, mah jong, and other player versus player games from the Wire Act and UIGEA, issued the call in the Amazon Room.

The PPA is a one million member strong organization based in Washington, D.C. that fights for the rights of poker players, both in the live and online arenas. In 2006, the then-nascent organization stood at just 50,000 members. It took just two years for the PPA to cross the seven-figure mark.