Internet Gambling: Overview of Federal Criminal Law

Forside
Nova Publishers, 2003 - 118 sider
This book presents a review of the federal criminal statutes implicated by conducting illegal gambling using the Internet. It also discusses some of the constitutional and practical difficulties associated with prosecuting illegal Internet gambling and closes with a summary of the proposed Internet Gambling Prohibition Act (S.474). Gambling is primarily a matter of state law, reinforced by federal law in instances where the presence of an interstate or foreign feature might otherwise frustrate the enforcement policies of state law. State officials and others have expressed concern that the Internet may be used to conduct illegal gambling. Illicit Internet gambling implicates six federal criminal statutes. It is a federal crime to (1) conduct an illegal gambling business, 18 USC 1955; (2) use the telephone or telecommunications to conduct an illegal business; (3) use the facilities of interstate commerce to facilitate conducting an illegal gambling operation; (4) commit a related series of these gambling crimes to acquire or operate an interstate commercial enterprise; (5) launder the proceeds from an illegal gambling business or to plow them back into the business; or (6) spend over $10,000 of the proceeds from an illegal gambling operation at any one time or place. Although prosecution of illegal Internet gambling will likely encounter constitutional challenges, practical difficulties imposed by offshore operations, encryption, remailers and the like will probably pose a more substantial obstacle.

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Innhold

Federal Criminal Law
1
Constitutional Considerations
25
Practical Problems
37
Legislative Activity
43
Internet Gambling A Sketch of Legislative Proposals in the 106th Congress
47
Internet Gambling A Sketch of Legislative Proposals in the 107th Congress
55
Internet Gambling A Sketch of Legislative Proposals with Appendix
63
Appendices
87
Bibliography
109
Index
115
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Side 94 - ... (c) It shall be unlawful for any person employed by or associated with any enterprise engage in, or the activities of which affect interstate or foreign commerce...
Side 81 - ... or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined not more than $10,000 or imprisoned not more than two years, or...
Side 93 - State" includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (2...
Side 103 - ... (d) The circumstances referred to in subsection (a) are - (1) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States...
Side 3 - Acts done outside a jurisdiction, but intended to produce and producing detrimental effects within it, justify a State in punishing the cause of the harm as if he had been present at the effect, if the State should succeed in getting him within its power.
Side 4 - Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal...
Side 35 - Designed or intended for use or which is or has been used as the means of committing a criminal offense...
Side 33 - States; (c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire or oral communication in violation of this subsection...
Side 33 - It shall not be unlawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.

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