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Copyright © 2016. All Rights Reserved. Poker History. Editor: Erik Smith.
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THE LAWS OF UIGEA

As already mentioned the UIGEA does not ban online casino and poker. The Act prohibits gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of Internet and which is unlawful under any federal or state law.
 
The Act also requires both Treasury and the Federal Reserve Board including the US Attorney General to promulgate regulations requiring certain participants in payment systems that could be used for unlawful Internet gambling to have policies and procedures reasonably designed to identify and block or otherwise prevent or prohibit the processing of restricted transactions1.
 
The most important part of the Bill is found in §5363.
 
No person engaged in the business of betting or wagering may knowingly accept, in connection with the participation of another person, in unlawful Internet gambling – [credit, EFTs, checks, drafts, or the proceeds of any other form of financial transaction as set forth in federal regulation].2
 
In reality this means that nobody can be involved with the processing of money on behalf of online poker and casino players where it is illegal according to federal or state law. This is the reason why some online casinos and poker rooms continued accepting Americans and only banned players from certain states where online gambling was a felony according to state law. For players the UIGEA meant that if no company or bank technically or legally can process player deposits and cash outs it is impossible to play for real money online. 
 

From what we understand the millions of Americans living in the majority of states where poker is not illegal and who have continued to play poker online are not committing a crime by depositing and playing regardless of the UIGEA. We believe that no American poker nor casino player will be dragged through court, however individuals and companies knowingly working around bank systems to continue to process transactions are very likely to face trial in the American Court of Justice.

 


2 Lawrence G. Walters, GamblingLawUpdate, Breaking Down the UIGEA (page removed)