Research legislation and case law where Internet gambling was at the forefront. Write a one to two page paper discussing the current state of legislation and case law. Discuss any controversy surrounding the legislation. Cite at least two current examples, less than one year old, of Internet gambling. Were the prosecutions effective? Why or why not? Cite your sources
The current state of legislation and case law on the internet gambling is defined by the Unlawful Internet Gambling Enforcement Act (UIGEA). The compliance standard was enacted in 2006, and it prohibited American financial institutes from processing betting site payments. However, the Act is surrounded by controversy due to the terms in which it was implemented. The UIGEA was passed through congress as a hidden portion within the SAFE Port Act, meaning most of the people who signed it were unaware of its existence in the Act. The bill’s proponents were so willing to see it passed that they tricked congress to enact it. The SAFE Port Act was a must-pass legislature as it provided funding for counter-terrorism. There have been two court cases that can be used as examples for internet gambling and UIGEA in the U.S. The first occurred in New York when the Appeals Court held Fantasy Sports Contests as illegal gambling. The state appeals court went ahead to cut down laws implemented in 2016, allowing fantasy sports contests to be considered gambling (Grant, 2020). The prosecution did the right thing by sing discretion rather than following the legislature, which now says that fantasy sports should be excluded from gambling. Another example is in Centi v. McFillin, where the New York highest court rejected a borrower’s attempt to evade loan payment (Kelfin, 2020). The prosecution was briefed that the lender was using illegal gambling techniques but decided to pursue the matter at hand and neglect the criminal bookmarking operation. Even if the borrower was on the wrong, the gambling business should have been brought to question. This leads to show how UIGEA and U.S. prosecution may easily neglect to hold lawbreakers accountable.
Grant, J. (2020). Appeals Court Holds Daily Fantasy Sports Contests Illegal Gambling in NY. Retrieved from https://www.law.com/newyorklawjournal/2020/02/07/appeals-court-holds-daily-fantasy-sports-contests-illegal-gambling-in-ny/
Kelton, J. (2020). Use of Illegal Gambling Proceeds to Fund Loan Does not Void Agreement. Retrieved from https://www.law.com/newyorklawjournal/2020/02/10/use-of-illegal-gambling-proceeds-to-fund-loan-does-not-void-agreement/