Online Gambling Laws

Online Gambling

Various state laws have been passed to protect players and gambling operators from illegal Internet gambling. The UIGEA, for example, prohibits financial transaction providers from accepting funds for online gambling activities. The Wire Act, on the other hand, bans the unlawful transmission of bets over the internet. The law also prohibits illegal gambling on sporting events and contests. The law prohibits money laundering, as well.

Section 1957 limits the amount of money that can be spent in illegal gambling activities to $10,000 per day. The law also prohibits money laundering and disguised laundering. Laundering is defined as concealing, evading, or causing to be concealed the source of gambling proceeds or a tax to be evaded. Laundering for law enforcement stings, international purposes, and to promote illicit activity are also crimes.

In addition, the Travel Act prohibits illegal gambling in interstate commerce. This can be determined by reference to shipments in interstate commerce, the telecommunications component of the Internet, or the nexus of an interstate or foreign business with the distribution of gambling proceeds.

There have been several constitutional challenges to the enforcement of federal gambling laws. The arguments have been based on the Commerce Clause and the First Amendment guarantee of free speech. They have not proved very effective. However, the commercial nature of the gambling business may satisfy the Commerce Clause.

In addition, the business owner is subject to imprisonment for up to five years for illegal gambling business activities. The business must also have a substantial operation over thirty days and generate gross revenues of at least two thousand dollars per day.