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Online Gambling Lawyer

Volume: 10 Issue: 4
( 2011)


News

The US Department of Justice (DoJ) brought charges against the founders of PokerStars, Full Tilt Poker and Absolute Poker on counts of fraud, money laundering and illegal gambling on 15 April, as they allegedly 'concocted an elaborate criminal fraud scheme' to evade the 2006 prohibition over the processing of gambling-related payments. / read more

The Dutch Council of State (CS), the highest administrative Court in the Netherlands, ruled on 23 March that 'the [current] Dutch licensing procedure is in breach of EU law' and called the regime 'discriminatory'. / read more

Official figures released by the ARJEL, the French gambling regulator, for the first quarter of 2011 have already attracted some criticism, with the Senate Finance Committee pointing out they show that the French online gambling market was never the '"eldorado" hoped for by new operators, in terms of volumes and stake levels'. / read more


Features

On 15 April, the FBI launched the biggest crackdown on online gambling in the US since the Unlawful Internet Gambling Enforcement Act (UIGEA) came into force in 2006. / read more

After more than a year of delays, the Italian Decree regulating online poker casino games and poker cash games has finally come into force. A second Decree, which regulates the award of 200 new remote gaming licences and upgrades the current licences has also been published. / read more

The recent indictment of three poker sites in the US over charges of fraud and illegal gambling have sent shockwaves throughout the industry. Manhattan US Attorney Preet Bharara, responsible for the charges, said: '[The] defendants concocted an elaborate criminal fraud scheme, alternately tricking some US banks and effectively bribing others to assure...billions in illegal gambling profits'. The two following articles analyse what really has been happening. / read more

In its recent 'Neukirchinger' judgment, the Court of Justice of the European Union held that licence requirements that have already been met in another EU Member States need to be taken into consideration by the national licensing regimes of the receiving Member State. Arthur Stadler and Manuel Vogelsberger, of Brandl & Talos, outline this ruling and analyse its implications for the gambling sector. / read more

On 24 March 2011, the EU Commission launched its long-awaited Green Paper consultation on online gambling in the Internal Market, due to end on 31 July 2011. Despite this consultation having been welcomed by the EU gambling industry, eager to go forward with more explicit regulation of that sector, the consultation has also been criticised as to its general lack of direction. Manuel Esparrago and Pierre Tournier, of Policy Action Limited, examine the consultation and evaluate its impact on the EU gambling industry. / read more

Although internet gaming remains outlawed in Russia, a number of Bills have recently been introduced that would regulate gambling in the country and put the activity under the legal and fiscal control of the government, while looking after the country's 'moral lobby'. One such initiative has resulted in the creation of a number of 'designated' gambling areas. Other legislative plans aim to ban gambling althogether. Lana Haworth, Solicitor at MMS Law, examines the success of some of the recent legal initiatives. / read more

Bwin.Party's joint CEO was quoted as saying that "implementation of the principles presented by the minister-presidents [on 6 April] is just as likely to fail as the outgoing monopoly model in Germany", a pessimistic conclusion of recent legal and political developments regarding German gambling law. Dr. Joerg Hofmann and Matthias Spitz, of Melchers Law, discuss the current state of play of the Interstate Treaty on Gambling, the proposed changes to German gambling legislation and what the German industry can expect in the future. / read more

'Bring it on' was the Hansard recorded reaction of Guy Opperman MP during a Parliamentary debate, to the suggestion that changing the law on the horseracing levy, for instance by granting a 'racing right' to the horseracing industry (a solution favoured by MPs for replacing the horseracing levy), would be blocked by the European Commission under state aid rules and subject to legal challenge. Richard Armstrong and Chris Bryant, of Berwin Leighton Paisner LLP, consider the background of the levy, the debate over its future, and whether a solution based on a 'racing right' (and in fact the existing levy) could indeed amount to illegal 'state aid'. / read more


About Online Gambling Lawyer

The monthly publication exploring legal issues affecting operators in online gambling and gaming, on a global basis. Topics covered included licensing, offshore operators, mobile gaming, gambling payments, fixture lists and database rights, online poker, social gaming and gambling, online liquidity, advertising, sports betting, in-play betting, eSports, fantasy sports (DFS), Bitcoin gambling, and gambling fraud, as well as in-depth discussion of legislation such as the Fourth Anti-Money Laundering Directive and the US Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)... / read more

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