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DOJ Lays the Ass Backwards Smack Down on Online Poker

Posted April 15, 2011 7:24pm by

Today the Department of Justice levied a MASSIVE $3 billion fine against Pokerstars, Full Tilt Poker, and Absolute Poker, the 3 biggest players in the online gaming industry. If you have any money in an account on one of those sites, it is probably already frozen. Whoops!

“As charged, these defendants concocted an elaborate criminal fraud scheme, alternately tricking some U.S. banks and effectively bribing others to assure the continued flow of billions inillegal gambling profits,” said Manhattan U.S. Attorney Preet Bharara. “Moreover, as we allege, in their zeal to circumvent the gambling laws, the defendants also engaged in massive money laundering and bank fraud. Foreign firms that choose to operate in the United States are not free to flout the laws they don’t like simply because they can’t bear to be parted from their profits.”

The DOJ is seeking $3 billion in penalties from the companies.

-Bluff Magazine

Many of us have enjoyed the poker craze that started in 2003 when Chris Moneymaker made the most fantastic run by an amateur that the game had ever seen. Particularly important to the drama of his WSOP main event win were 1. his name and 2. the fact that the former Moneycounter had won his seat through an online satellite, or qualifying, tournament. By turning his $40 investment into the then-record prize of $2.5 million before millions of eyes glued to ESPN, the accountant from Nashville pulled Texas Hold ‘em out of its smoky, underground speakeasies and dropped it squarely on Main Street.

What followed was a dramatic renaissance of the oldest form of gaming on the planet, retooled to take advantage of modern science. Online poker was a bona fide craze, and if you’re anything like me (read: in college at the time), not only were you playing for a few hours a day in your dorm, but you also took at least one day a week to join a live game. Over the next few years, some of those college kids got REALLY serious about their game and started making serious money, at which point playing live low-stakes home games with your buddies became a complete waste of time. Why spend a few hours playing a $50 game with friends when numerous websites offered whatever stakes your heart desired, the advantages of a shot clock to keep the game moving, and oh yea, the ability to sit at as many tables as your own brain could sustain. The most famous of the old-school poker kings, Doyle Brunson, likes to say that Hold ‘em “takes a minute to learn and a lifetime to master.” But the ability to find multiple games at any time of day led to a new generation of players getting their lifetime worth of poker experience in a matter of months. The result was a boom in the number of serious, high-stakes players.

Take a look at the picture above. It is the job of both of these gentlemen to extract value from inefficiencies in a given system by making educated wagers on the likelihood of certain events while also considering the psychology of the other participants. Both of them do it with their own personal money. The intermediary institution in each case charges fees to connect interested parties and clear any monetary exchanges. Yet, while these two scenarios seem like perfect foils, one of these gentlemen is breaking the law.

How can this be? Why, because the law is ridiculous of course.

So instead of allowing online poker rooms to make their market by connecting consenting adults who seek to compete in a game of skill, while happily expanding the economy and collecting tax revenue from a multi-billion-with-a-b-dollar industry, we have hindered growth for the last 8 years because our ass-backwards Puritanical roots dictate that, “gambling is bad, mmkay.” The gub’ment decided that if they couldn’t in good conscience censor the Internet, they could forbid your bank from moving your money into an online casino. This, even while our economy grinds to a halt and the gub’ment spends itself into record debt before eventually threatening to shut down over budget squabbles.

But as everyone who’s ever had even a passing conversation about prohibition or the modern drug war in this country knows, whenever you make an extremely profitable business illegal, you create an army of loophole sniffing entrepreneurs looking to dominate the black market.

Storytime - After making a big score in a live game at a Seminole casino just before Super Bowl XLIII, I attempted to lay down some of my winnings on the Steelers -6, only to find that, suddenly, none of my credit cards would approve a deposit into my online sportsbook.  Lo and behold, a solution was offered. I could drive to a nearby Walgreens and purchase a prepaid debit “gift” card, and use that card’s credentials to deposit. It worked. That night, my bet was in, and the next morning, I flew to Pittsburgh to watch the game with some local maniacs. The Steelers didn’t beat the spread we rioted in victory nonetheless. The point, though, is that bookmakers were coming up with elaborate schemes to circumvent the regulations that stood between them and their customers.

Unfortunately, that you can only skirt the law so much before you actually start breaking it. Just as I had to use an intermediary instrument to smuggle my money in, the owners of online poker rooms, the DOJ alleges, resorted to larger-scale shadiness in order to get their profits out. I’m not saying these men are innocent, that they didn’t break the law. They may have. What I am saying is that the laws that forbid Internet poker from being an institution in this country are completely asinine, and obviously, the sites’ founders would not have had to go to such lengths to disguise their profits (ALLEGEDLY) if running an online casino was legal in the first place. Why bite off the industry’s hand, when you could eat from it instead by making it legal and taxing both the market makers and the players accordingly?

The government either doesn’t understand the game of poker, or is so strapped that $3 billion right now is worth the flow of additional tax revenue forever. The answer is probably both. But it’s also entirely possible that the suits are grabbing some cash now, with the intent of coming to their senses in the future. For now it’s up to the players at this point to let the government know how we feel. After all, everyone with money in one of these accounts right now is facing the very real possibility of getting COMPLETELY FUCKED when a Receiver is appointed to seize assets and liquidate them in the event that an online casino doesn’t have enough cash to pay the fine. The government and the lawyers will get paid first of course, but you can get whatever remains of your hard-earned money in a couple of years when it’s all sorted out. And don’t forget to thank Uncle Sam for saving you from gambling addiction on your way out!

Update: TweetForPoker.com let’s you tell Congress that you want online poker licensed and regulated.

Follow WG on Twitter @wannabe_genius and Mike’s ramblings on other topics @mickeyvee.

Posted April 15, 2011 7:24pm






  • http://TheFinArts.Com JD/MBA

    Perhaps you need to revisit your studies of economics and business. Comparing gambling to stock trading, while done increasingly by the lay person, is rarely a good analogy. While some do gamble at the stock market the majority of people do not – the two are not the same…

    For starters, gambling generally hinges upon probability and chance. Stock markets have market memory. I could go on…

    Your article makes some valid points, such as the puritanical roots for banning gambling, proffering such a simple differentiation of gambling and investing is pretty shoddy analytical writing.

    • http://Website LD/PHD

      JD/MBA

      Obviously the first thing that you DO NOT understand is that Poker is a game of SKILL…It was deemed that by our government. Therefore, the author made a GREAT analogy using the stock market and poker. They are both based on your skill of the “game”, but chance (and a little luck) does come into play.

      I dabble into the stock market every now and again, but I also play poker online. Honestly, I don’t see the difference between the two, except the fact that poker pays me a HELL of a lot better!!

    • http://twitter.com/wannabe_genius WG

      JD/MBA

      Let me just say that I for one am impressed by your academic achievements. Do you always introduce yourself like that, or do you have a regular name? What disappoints me, however, is that your lack of any real understanding of the game of poker. Surely someone of your intellect could make a great deal of money by studying it.

      In short, what most people who don’t understand the game seem to assume is that players are essentially betting on the cards, like roulette. This could not be further from the truth. Players gather all the information they can from a given scenario including betting patterns, PLAYER HISTORY (i.e. market memory), probability, pot odds (leverage), psychology, intestinal fortitude etc. Each subsequent card is just a new variable (price shock), which could have a large or small real effect, large or small perceived effect, or no net effect on the price of your asset (hand).

      I also never even mentioned the words “stock trading,” so how about the options market? Bond markets? Mortgages and other consumer loans? How about the entire concept of insurance? Just like poker, it’s all about CALCULATED RISK.

      I’d love to continue this conversation, but I’d like to ask that you educate yourself on poker first.

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  • http://TheFinArts.com JD/MBA

    1. If you are truly interested in whether I introduce myself as a “regular name” click on my username to see my website if you really would like to know who I am. I like “JD/MBA” as my tag – it is not very much different from your more jovial “wannabe-genius.” I’m not really sure why that matters? But if you must know, I just tend to value those two as the favorite of my various degrees.

    2. Gambling, generally, is a game of “skill” of understanding probabilities. Any real statistician doesn’t gamble. That’s why Vegas has chosen not hold mathematician conferences anymore – they tend to make a lot less money than the usual conferences. While, generally the probabilities concept goes for most other casino games, poker is not so different to fall outside of that description. Additionally, I play poker, and from my experience, I’m not too shabby – so I’m a bit confident I understand the game and what it entails. So I wouldn’t take to assuming what I know or not.

    As for Poker “memory:” it is a conflation to say market memory is understanding an opponent’s psyche and past action as you stated. Market memory entails an aggregate memory of information. It is not just an individual trader’s “memory” and understanding of other players – it’s a bit of a different concept than that. It cannot be necessarily compared to your ability to understand the players you are playing with. You are oversimplifying concepts to match your comparison. Which is fine, perhaps I didn’t explain market memory as best as I should have. I’m sure that you can find academia that can explain this concept in more detail.

    Lastly, you mention some other equities and debt trading, commodities trading, derivatives (I’m assuming by mortgages your lumping the various forms of derivatives) and finally the insurance market. Equities, Debt, and Commodities trading are not very different from the stock market (in fact the stock market is encompassed into the definition of the equities market). They all hinge upon actually very similar economic indicators that are not pivoted upon independent probabilities but instead, are associated to linked occurrences. As for derivatives and insurances – those are protections firms and individual use. Most don’t take out an insurance contract on something (I’m now oversimplifying it for this example) planning on losing, or in gambling terms “winning it.” Perhaps a CDS which, without getting too profoundly into it, can be compared to gambling in some cases. And if they do, without disclosing, that’s just called fraud not the regular investment market.”
    Perhaps my concern is more with your very vague and oversimplified association that seems to lump market players into gamblers. You might want to embody particular players of the market into your comparison that have a better likelihood of being likened to gamblers; i.e. abnormal users of CDSs, day traders hoping to make profit on swings which, in case you didn’t know, is not the majority of the market.

    But to say it the way you did, as an implication that the market in general is gambling is an artificial parallel.

    • http://twitter.com/wannabe_genius WG

      Well, I definitely appreciate your reading and willingness to discuss my post, but you have completely missed the point. I never claimed that the market was a form of gambling. In fact, what I’m trying to say is that the game of poker is NO MORE a form of gambling than the capital markets. Both are about extracting value from scenarios where it’s possible e.g. to make more than the true odds of winning your bet (much like SELLING a term life insurance policy).

      Again, while I do enjoy reading your responses, I think you’re getting too micro in your attacks against a straw man.

      Have a good Sunday.

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  • http://facebook.com/glue1984 Glen Pearson

    Poker is not gambling.If poker is gambling then so is online stock trading or trading in general.Why do the same people keep ending up at final tables,time and time again?What are they the luckiest people in the world?NO!In the game of poker you measure the equity involved in any given situation based on all of the available information you have at your disposal and act accordingly.Just as investments in the stock market do not always yield the returns expected or not at all in many cases, poker to has this trait.Now, you may say, what about the people who do not know how to play and are blowing their money gambling.Well to you I say, ANYONE who invest in anything in life without calculating the risk to reward ratio properly and accounting for all the variables at their disposal is GAMBLING.In that sense poker is gambling and so is everything else you do.What about children who dream of becoming pro football players?Should we tell them that they are not aloud to gamble with their physical well being or for that matter what about the cost of playing football that is spent and more times then not wasted because of an injury down the line or lack of discipline and fading interest.Adults should be able to measure risk by themselves and they do not need the help of the government.Now if you are talking about slot machines then yes I agree get rid of them as they are BUILT to make the player lose or how about state lotteries?Poker is a game of 100% skill.If you invest in the correct situation you WILL make money playing against weaker opponents.This is no different than any other sport!I did not see any of you stepping in to save Buster Douglas from Mike Tyson when the odds were 50 to 1.NO!You didn’t because you believed it was the mans right to wager his body against the will of another man.I hope this has opened the eyes of some.Thank you for taking the time to read this, regardless of what your opinion is.Remember it is your duty to protect the freedoms of others as one day your number may be called and will I be there to stand for you if you will not for me?

  • http://www.laphotospot.com Headshots

    The Major poker sites have many charges against them. Bank Fraud, Money laundering, theses charges have nothing to do with poker. They will be shut down in the US forever. Time to brush on your live play boys. Local casino’s look for a boom. Who knows, maybe it’s a good thing for poker in Las Vegas.

    • http://twitter.com/wannabe_genius WG

      You make a good point. Interestingly enough, there was talk of individual states legalizing intra-state play. Sounds nice, right? Not quite: the bill was quickly squashed in NV, because the casinos want to keep internet play out.

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  • Doug

    Another ass backwards internet article supporting the validity of internet poker. These sites are rigged to the gills.

    • http://twitter.com/wannabe_genius WG

      Explain please?


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