VV - you are just grossly misinformed here. You post zero evidence.
Once again - to summarize - it is illegal to take bets not place bets. This has been tried in court, and the key case is USA vs Baborian.
The wire act is for people who are in the business of taking wagers, not people who make wagers.
The UIGEA covers money transmission.
There is zero legislation that makes it illegal to make a wager, and there has been zero prosecutions by the federal govt for people who make wagers. Fact.
Let's not get sidetracked here form your original assertion and I quote
"how it is TOTALLY LEGAL to place a bet"
Now the facts remain that is is in fact ILLEGAL to place a bet online through transfer of funds. this is not up for debate.....
I couldgo throughevery single states penal code but instead I will just post Texas': a summarized version of this site
(1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;
(2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
(d) An offense under this section is a Class C misdemeanor.
Sure there are plenty of laws that are broken and are not enforced with a fine tooth comb....I'll give you that. I would suspect that 99.9% of people who commit this crime are let off after offering information about the operations of the person running the ring. The feds are not really concerned with the act of gambling so much as the money that why its tough to find cases about the other point you mention. But as was stated by someone else recently, the law if the law and showing that was my main intent of what I previously posted. Now taking gambling proceeds from this illegal activity overseas and placing it in your possession without the government finding out will be your real worry. Tax evasion is definitely not a misdemeanor
Quote Originally Posted by vanzack:
VV - you are just grossly misinformed here. You post zero evidence.
Once again - to summarize - it is illegal to take bets not place bets. This has been tried in court, and the key case is USA vs Baborian.
The wire act is for people who are in the business of taking wagers, not people who make wagers.
The UIGEA covers money transmission.
There is zero legislation that makes it illegal to make a wager, and there has been zero prosecutions by the federal govt for people who make wagers. Fact.
Let's not get sidetracked here form your original assertion and I quote
"how it is TOTALLY LEGAL to place a bet"
Now the facts remain that is is in fact ILLEGAL to place a bet online through transfer of funds. this is not up for debate.....
I couldgo throughevery single states penal code but instead I will just post Texas': a summarized version of this site
(1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest;
(2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
(d) An offense under this section is a Class C misdemeanor.
Sure there are plenty of laws that are broken and are not enforced with a fine tooth comb....I'll give you that. I would suspect that 99.9% of people who commit this crime are let off after offering information about the operations of the person running the ring. The feds are not really concerned with the act of gambling so much as the money that why its tough to find cases about the other point you mention. But as was stated by someone else recently, the law if the law and showing that was my main intent of what I previously posted. Now taking gambling proceeds from this illegal activity overseas and placing it in your possession without the government finding out will be your real worry. Tax evasion is definitely not a misdemeanor
And since online wagering is such a legal operation and on the up and up then surely you have the perfect fool proof advice for the OP regarding the original question he asked. How does this fine gentleman get all those thousands of squeaky clean dollars transferred over to the states? I will wait (your favorite narcissistic phrase apparently)
And since online wagering is such a legal operation and on the up and up then surely you have the perfect fool proof advice for the OP regarding the original question he asked. How does this fine gentleman get all those thousands of squeaky clean dollars transferred over to the states? I will wait (your favorite narcissistic phrase apparently)
There is no law against wagering at the federal level. I posted in this thread that some states have laws against wagering online, but not at the federal level. The wire act does not apply to people who make wagers.
You posted a Texas state statute.
Once again, post any case of a federal prosecution since 1981. According to you and those on your side of the debate - there are thousands.
Wagering is legal. Tax evasion is not. I gave my foolproof advice to the OP earlier in the thread. Getting the money here is not the problem. The problem is that the OP is interested in tax fraud - for which I have no advice. He is not interested in getting the money here - he is interested in defrauding the tax code.
I think that summarizes this whole thread pretty well. Once again - at the federal level - placing a bet is not illegal, tax evasion and taking a wager is illegal.
Support your local animal shelter. I am on twitter.
There is no law against wagering at the federal level. I posted in this thread that some states have laws against wagering online, but not at the federal level. The wire act does not apply to people who make wagers.
You posted a Texas state statute.
Once again, post any case of a federal prosecution since 1981. According to you and those on your side of the debate - there are thousands.
Wagering is legal. Tax evasion is not. I gave my foolproof advice to the OP earlier in the thread. Getting the money here is not the problem. The problem is that the OP is interested in tax fraud - for which I have no advice. He is not interested in getting the money here - he is interested in defrauding the tax code.
I think that summarizes this whole thread pretty well. Once again - at the federal level - placing a bet is not illegal, tax evasion and taking a wager is illegal.
You mention the transfer of funds for gambling purposes. This refers to the 2006 UIGEA laws.
You state: "Now the facts remain that is is in fact ILLEGAL to place a bet online through transfer of funds. this is not up for debate....."
Your statement above simply is false. It is not a fact that it is illegal to place a bet online, or to transfer funds. It is in fact illegal to be the organization or person that facilitates such a transfer of funds. And this is not a technicality, it is an important distinction.
This law has absolutely nothing to do with the individual attempting to transfer funds for gambling. The law only targets the organizations and people who participate in the transfer. So this is what sets up the cat and mouse routine we all have with banks - they are required to stop the transfers - and we are challenged to find a way to do it. As long as we can beat the bank - the law is on our side.
These laws are important to understand and are widely misunderstood (as evidenced by this thread). My passion about this subject comes from my knowledge about the subject - and the widely misunderstood urban legends that come from it. Politicians use these myths for their own gain, which only perpetuate the problem.
The bottom line: There is nothing legally that criminalizes an individual for transferring funds, or making wagers - as long as you pay taxes.
Support your local animal shelter. I am on twitter.
You mention the transfer of funds for gambling purposes. This refers to the 2006 UIGEA laws.
You state: "Now the facts remain that is is in fact ILLEGAL to place a bet online through transfer of funds. this is not up for debate....."
Your statement above simply is false. It is not a fact that it is illegal to place a bet online, or to transfer funds. It is in fact illegal to be the organization or person that facilitates such a transfer of funds. And this is not a technicality, it is an important distinction.
This law has absolutely nothing to do with the individual attempting to transfer funds for gambling. The law only targets the organizations and people who participate in the transfer. So this is what sets up the cat and mouse routine we all have with banks - they are required to stop the transfers - and we are challenged to find a way to do it. As long as we can beat the bank - the law is on our side.
These laws are important to understand and are widely misunderstood (as evidenced by this thread). My passion about this subject comes from my knowledge about the subject - and the widely misunderstood urban legends that come from it. Politicians use these myths for their own gain, which only perpetuate the problem.
The bottom line: There is nothing legally that criminalizes an individual for transferring funds, or making wagers - as long as you pay taxes.
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