Legally Recover Online Gambling Losses

Review of State Law on Gambling (Utah-Wyoming)

Utah Utah Code Ann. § 76-10-1102 (gambling is class B misdemeanor); Utah Code Ann. § 76-10-1104 (promoting gambling is class B misdemeanor); Utah Code Ann. § 76-10­1108 (any money obtained from gambling shall be forfeited to the state of Utah); Utah Const. Art. 2, Sec. 24 (declaring “lotteries,” illegal and against the Utah constitution); McCormick v. Life Ins. Corp. of America, 6 Utah 2d 170, 308 P.2d 949 (1957) (acknowledging the general rule that “when contracts involve gambling . . . the law, as a matter of policy, regards the contracts as void and refuses to take cognizance thereof or to grant any relief.”); Terry v. Peterson, 37 Utah 401, 108 P. 1106 (1910) (holding it proper to instruct the jury that where money was loaned or advanced with the understanding between the parties that it would be used for gambling, the lender became particeps criminis, and could not recover the debt).

Vermont Vt. Stat. Ann. tit. 9, § 3981 (loser of any money lost at gambling may sue the winner to recover such losses within 1 month of the date payment of the loss was made); V.S.A. tit. 9, § 3982 (gambling contracts are void and unenforceable); Vt. Stat. Ann. tit. 13, § 2102 (disposing of property by way of chance is a criminal offense, punishable up to one year imprisonment and a $10,000 fine); Adv. Whip & Nov. Co. v. B.P.O.E., 106 Vt. 72, 170 A.2d 95 (1934) (“When an agreement, innocent in itself, is designed by one of the parties to further a purpose forbidden by the law or opposed to its policy, courts will not enforce it in favor of such party, nor in favor of the other, if he is implicated in such design.”); International Products Co. v. Est. of Vail, 97 Vt. 318, 123 A.2d 194 (1924) (holding that when even part of the consideration for a contract is illegal, the contract is void and unenforceable).

Virginia Va. Code Ann. §11-14 (providing that all wagers, loans to pay wagers, and contracts to repay wagers are utterly void); Va. Code Ann. §11-15 (permitting the loser of gambling money to recover such money by instituting legal action); Coghill v. Boardwalk Regency Corp., 240 Va. 230, 396 S.E.2d 838 (1990) (although upholding a judgment issued in another state on a gambling debt, the court acknowledged that had the action been brought in Virginia state or federal court, the gambling debt could not have been enforced); Glassman v. F.D.I.C., 210 Va. 650, 173 S.E.2d 843 (1970) (holding that even a holder in due course is precluded, on public policy grounds, from recovering on a note originally given for a gambling debt).

Washington Wash. Rev. Code § 4.24.090 (all gambling contracts are void and unenforceable with respect to any person having notice of the illegality of the contract at issue); Wash. Rev. Code § 9.47.300 (declaring that it is against the public policy of the State of Washington to permit professional gambling); Wash. Rev. Code § 4.24.070 (any person losing any money gambling may sue to recover such losses); Dodd v. Gregory, 34 Wn. App. 638, 663 P.2d 161 (1983) (refusing to enforce payment of two checks issued in payment of illegal gambling debts because in Washington State, “Courts will not enforce an illegal contract and will leave the parties to such a contract where it finds them.”).

West Virginia W. Va. Code § 55-9-1 (all gambling contracts are void and unenforceable, including any debts for money lent by a person with knowledge that such money would be used for gambling purposes); W. Va. Code § 55-9-2 (person may file suit to recover gambling losses paid to the winner); Sanders v. Memorial Gardens, 152 W. Va. 91, 159 S.E.2d 784 (1968) (acknowledging that a party does not have standing to sue in the West Virginia courts for illegal contracts, such as one arising out of gambling).

Wisconsin Wis. Stat. § 895.055 (providing that all gambling contracts incurred in Wyoming are void); Wis. Stat. § 895.056 (providing that the loser of gambling money may file suit to recover such losses within 6 months of payment of such loss, and if he fails to do so, any other person may sue to recover such losses for the benefit of the loser’s family); Wis. Stat. § 945.032 (prohibiting commercial gambling); State v. Gonnelly, 173 Wis.2d 503, 496 N.W.2d 671 (Ct.App. 1992) (holding that a dismissal of a prosecution against an individual who wrote a bad check was proper because the check was utterly void since the other party knew the cash received from the check was to be used for gambling purposes); Bartlett v. Collins, 109 Wis. 477, 85 N.W. 703 (1901) (holding that Wisconsin maintains a strong public policy against the enforcement of gambling debts).

Wyoming Wyo. Stat. Ann. §1-23-106 (gambling contracts void and unenforceable); Wyo. Stat. Ann. § 6-7-102 (professional gambling in Wyoming is a felony, punishable by up to 3 years imprisonment, and $3,000.00 fine); Williams v. Weber Mesa Ditch Extension Co., 572 P.2d 412 (Wyo. 1977) (“The rule is well settled that even though gambling may be allowed and carried on without any violation of the law or criminal responsibility, a gambling debt is unenforceable, even in the absence of a statute.”); Fuchs & Murane v. Goe, 62 Wyo. 134, 163 P.2d 783 (1945) (“If the plaintiff loaned money with an express understanding, intention and purpose that it be used to gamble with, and it was used, the debt so created cannot be recovered.”).