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Create An Ad For An Online Gambling Company? Face Jail Time!
from the is-that-even-illegal? dept
The US gov't has long had an odd fascination with stopping online gambling (except for horse racing -- which politicians engage in -- and state lotteries, for obvious reasons). Sometimes, this obsession reaches bizarre levels, such as the claim a few years back that it wasn't just illegal to run an online gambling operation, but that it was illegal to help advertise one. Most have pointed out that this has little actual legal basis, and is likely a violation of free speech rights -- but that hasn't stopped the government from using such threats.
Two years ago, the feds charged some ad execs with a whole bunch of crimes simply because they had the company BetOnSports as a client. BetOnSports, of course, was completely legal outside the US, but that didn't stop the US from claiming otherwise (even arresting BetOnSports' CEO as he was traveling through the US in a completely separate action from the lawsuit in this post). Even if it turns out that BetOnSports is somehow illegal, it makes no sense to drag in execs from a totally different company that only created promotional campaigns for BetOnSports. That hardly seems to deserve getting charged criminally.
But, when the gov't wants to put you down, it finds a way. The three ad execs have now all plead guilty in the case. Even though they had nothing to do with running the gambling site, they agreed to a plea bargain to avoid a lengthy and costly trial that could have resulted in a lot of jail time. It's not clear yet what the sentences will be in this case, as that will be announced in October, but at least some of the execs may get off without jail time. That's good, but it still remains ridiculous that they had to go through this two year ordeal just because they created promotions for the company.
Two years ago, the feds charged some ad execs with a whole bunch of crimes simply because they had the company BetOnSports as a client. BetOnSports, of course, was completely legal outside the US, but that didn't stop the US from claiming otherwise (even arresting BetOnSports' CEO as he was traveling through the US in a completely separate action from the lawsuit in this post). Even if it turns out that BetOnSports is somehow illegal, it makes no sense to drag in execs from a totally different company that only created promotional campaigns for BetOnSports. That hardly seems to deserve getting charged criminally.
But, when the gov't wants to put you down, it finds a way. The three ad execs have now all plead guilty in the case. Even though they had nothing to do with running the gambling site, they agreed to a plea bargain to avoid a lengthy and costly trial that could have resulted in a lot of jail time. It's not clear yet what the sentences will be in this case, as that will be announced in October, but at least some of the execs may get off without jail time. That's good, but it still remains ridiculous that they had to go through this two year ordeal just because they created promotions for the company.
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Abuse
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On The Other Hand...
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Re: On The Other Hand...
The service would not strictly have been illegal when they began to advertise it, and it's only through a rather broad interpretation of a 50 year old law that it's illegal now. FTA:
"The charges in the BetOnSports case were filed using a 1960s-era law known as the Wire Act, which prohibits placing bets on sports events over the phone."
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Re: Re: On The Other Hand...
And cable modems? I would as for a clarification of phone lines as defined in the 1960's
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Re: Re: On The Other Hand...
http://sheriff.org/about_bso/admin/media/newsdetails.cfm?pk=344&sType=M
http:/ /www.gambling-law-us.com/Articles-Notes/online-gambling-arrests.htm (search this page for "fafone")
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Extra territorial law
And if you participate in the production or distribution of half the music videos in the Western world you are probably committing a capital offense in Iran or Saudi Arabia - that does not mean that the Iranians or Saudi's would have the right to grab you and execute you if you happened to land in their country (assuming you were damn fool enough to go near either of those places).
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yeah, the other hand.
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Same Shit
When do we start to burn this shit down?
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Can they also then apply this to politcal ads?
And just because...
"I think so Brain, but if we give peas a chance... won't the lima beans get jealious?" - Pinky
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Abuse of Power
This definitely appears to be a rampant abuse of power - coercing laws to fit dogma and doctrine rather than effectively applying the law and amending it to make the advertisement of all gambling illegal. This will not happen since it is not the will of the people (well, powerful corporations with investments in Las Vegas and Atlantic City) or governments addicted to huge state lottery profits.
Clearly this appears to be a turf war where the US federal government is attacking the most vulnerable fringe elements as a reprisal for not cutting them in on the profits, There has never been an instance in the US where a government shut down a gambling operations that they ran themselves or got a huge part of the profits.
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Follow up on what is illegal here is not there
If gambling is illegal in most states why is legal to advertise a casino in Atlantic City, New Jersey in New York state? Why does it matter that the casino is online or physical if the activity being promoted is illegal in the jurisdiction the ad is placed?
Logically all tourism agencies and most advertising firm employees would need to be charged in every city in the U.S.
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USA USA USA
Wrong. US law apples worldwide. Anyone who thinks otherwise is welcome to be fitted for their very own Saddam necktie.
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they pled guilty
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Online gambling
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OMG!
What's wrong with the government to go so far as to attack the people making the promotional advertisements? The ads aren't illegal, the gambling is!
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Bush Administration abuses have ceased to amaze me
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Re: yeah, the other hand.
> a Dutch marijuana sale whether or not they
> ship to the US. Don't mix up your feelings
> of gambling legality with that of promoting
> something illegal.
Then why is my TV full of ads for Las Vegas, complete with images of people cheerfully playing craps and roulette and poker? Gambling is illegal in Virginia, so it would seem that the city of Las Vegas would be just as guilty as these defendants. I wonder why they're not on trial?
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Betonsports
The only real lasting result of this mess was that I, as well as 2000 Costa Rican people were out of a job. And we have yet to get any severance.
Now that I am back in the US I find it odd that I can go to a bar and play lotto, or go to a casino and bet, and for these same things we all lost our jobs.
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A new administration ... ?
Thank You,
Evie
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