Legally Recover Online Gambling Losses

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2007-10-25T05:48:00.000-07:00

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Clip of Kyl and Gonzales on UIGEA (01/18/2007)

2007-04-12T09:27:00.001-07:00

Short clip of Senator Jon Kyl and Attorney General Alberto Gonzales discussing the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) (01/18/2007)

2007-02-06T05:01:00.001-08:00

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.”).

2007-02-06T05:00:00.002-08:00

Review of State Law on Gambling (Ohio-Texas)

Ohio Ohio Rev. Code Ann. § 3763.01 (gambling contracts are void and unenforceable in Ohio, including repayment of any money lent for such purposes); Ohio Rev. Code Ann. § 3763.02 (any person losing any money gambling may sue within 6 months of such loss to recover it); Ohio Rev. Code Ann. § 2923.32(A)(3) (one can be charged with the crime of racketeering in Ohio for attempting to collect an unlawful gambling debt); Gehres v. Ater, 148 Ohio St. 89, 73 N.E.2d 513 (1947) (“At common law one who makes a wager with another may always withdraw from the wager and retain or recover his property or money before it goes to the hands of the winner, even if the result of the wager is known.”); Kinker v. Aberegg, 40 Ohio App. 43, 117 N.E.2d 645 (1930) (holding that by loaning money knowing it was to be used for gambling, the creditor aids and abets an illegal gambling transaction, and cannot recover the debt).

Oklahoma Okla. Stat. tit. 21, § 983 (engaging in commercial gambling in Oklahoma is a felony punishable up to 10 years in prison and $25,000 fine); Okla. Stat. tit. 21, § 987 (dissemination of gambling information in Oklahoma is a felony punishable up to 10 years in prison and $25,000 fine); Grim v. Cheatwood, 208 Okla. 570, 257 P.2d 1049 (1953) (holding that the law of Oklahoma will not assist any party to an illegal gambling contract to recover any money from the other party (including the loser of money to recover from the winner) unless it is shown that the winner cheated (of course, suing for a refund of money actual paid by the loser of a bet is far different from having a credit card debt declared invalid and uncollectible)); Brinley v. Williams, 189 Okla. 183, 114 P.2d 463 (1941) (holding that gambling debts are invalid and unenforceable in Oklahoma).

Oregon Or. Rev. Stat. § 167.127 (a person or entity promoting or profiting from gambling commits the crime of “unlawful gambling”); Or. Rev. Stat. §167.137 (possession of gambling records a class C felony); Or. Rev. Stat. § 30.78 (any person violating Oregon’s restrictions on gambling is liable for all damages to any person resulting thereby); Or. Rev. Stat. § 30.740 (person losing any money gambling in Oregon has a right to file suit and recover double the amount lost); Ross v. Springfield School Dist. No. 9, 300 Or. 507, 716 P.2d 724 (1986) (“Does the public think it more moral to pay a gambling debt or not to pay it, as the law provides.”).

Pennsylvania 73 Pa. Cons. Stat. § 2031 (persons who lose any money gambling shall not be compelled to pay such money back, and any such contract is utterly void and unenforceable); National Recovery Systems v. Bryer, 352 Pa.Super 274, 507 A.2d 1226 (1986) (refusing to enforce a gambling debt incurred in Nevada in the Pennsylvania courts because such debts are illegal); Joffe v. Miller, 10 Pa. D. & C. 288 (C.P. 1927)(holding that wagering contracts in Pennsylvania are not only illegal but void, and that loans made for the express and immediate purpose of gambling are unenforceable).

Rhode Island R.I. Gen. Laws §11-19-1 (promoting gambling, either directly or indirectly, is a felony and punishable by up to two years imprisonment); R.I. Gen. Laws §11-1920 (inducing others to visit a gambling place is a crime and punishable by imprisonment of one year); R.I. Gen. Laws § 7-15-2 (making attempts to collect an unlawful debt a crime of racketeering in Rhode Island); Winward v. Lincoln, 23 R.I. 476, 51 A. 106 (1902) (“While in Rhode Island no statute condemns wagering-contracts, yet the spirit of the laws making gambling, bets, and wagers misdemeanors makes it clear that public policy forbids the enforcement of all wagers by the courts.”).

South Carolina S.C. Code Ann. § 32-1-10 (permits one to recover any money lost gambling in South Carolina by filing suit within 3 months of the loss); S.C. Code Ann. § 32-1-20 (permits anyone to sue to recover gambling losses if the person losing such money fails to sue within 3 months of the loss); Justice v. Pantry, 330 S.C. 37, 496 S.E.2d 871 (App. 1998) (“Sections 32-1-10 and 20 promote a policy which prevents a gambler from allowing his vice to overcome his ability to pay. The legislature adopted a policy to protect a citizen and his family from the gambler’s uncontrollable impulses.”); Jackson v. Bi-Lo Stores, Inc., 313 S.C. 272, 437 S.E.2d 168 (Ct.App. 1993) (“[A]n illegal contract has always been unenforceable . . . South Carolina courts will not enforce a contract which is violative of public policy, statutory law, or provisions of the Constitution.”); Berkebile v. Outen, 311 S.C. 50, 426 S.E.2d 760 (1993) (holding that in South Carolina, it isn’t even necessary to show that the game at issue where money was lost gambling was illegal in order to avoid payment of a gambling debt).

South Dakota S.D. Codified Laws § 53-9-2 (any note or contract where any part of the consideration involves money lost or won gambling is totally void); Bayer v. Burke, 338 N.W.2d 293 (S.D. 1983)(refusing to enforce a gambling debt against a defendant who had given the plaintiff a promissory note, explaining, “Gambling contracts often try to take the form of legitimate contracts. It is the dut y of the courts to pierce the disguise and to ascertain the real activities involved.”).

Tennessee Tenn. Code Ann. § 29-19-101 (all contracts founded on a wagering or gambling consideration are void and unenforceable); Tenn. Code Ann. § 29-19-102 (no money or property won in any gambling transaction may be recovered by any legal action in Tennessee); Tenn. Code Ann. § 29-19-103 (any person who institutes any action to recover any gambling debt will be subject to a monetary fine); Tenn. Code Ann. § 29-19-104 (any money lost on any game or wager in Tennessee may be recovered by the loser of such money by filing suit within 90 days thereafter); Tenn. Code Ann. § 29-19-105 (any other person, for the benefit of the wife or children of the loser, may institute an action to recover the gambler’s losses after the expiration of 90 days from the loss, but within 12 months after the loss); Tenn. Code Ann. § 29-19-106 (after expiration of 12 months from loss, creditor of the gambler may sue to recover gambler’s losses to the extent necessary to pay debt owed such creditor).

Texas Tex. Penal Code Ann. § 47.03 (operating or participating in the profits of any gambling organization, or otherwise promoting gambling, is a class A misdemeanor); Tex. Penal Code Ann.§ 47.05 (knowingly communicating gambling information is a class A misdemeanor); Castilleja v. Camero, 414 S.W.2d 424, 427 (Tex, 1967) (Texas has a well-established public policy of not recognizing or enforcing rights arising from gambling transactions.); Gulf Coll., Inc. v. Johnston, 496 S.W.2d 123 (Tex.Civ.App. – Waco 1973), quoting 38 Am.Jur.2d 286 (“Where an individual engaged in a gambling game makes a loan, or accepts a check and makes payment thereon, so as to enable the borrower to participate in the game, he is not entitled to recover the amount of the loan, or the amount of the check upon its dishonor.”); see also Morton v. Provident Nat. Bank, 42 Tex. Civ. App. 154, 93 S.W. 189 (1906).

2007-02-06T05:00:00.001-08:00

Review of State Law on Gambling (Nebraska-North Dakota)

Nebraska Neb. Rev. Stat. § 28-1101 et. al. (expressing Nebraska’s public policy against gambling and criminalizing all forms of gambling and promoting gambling not specifically authorized by law); Neb. Rev. Stat. § 9-646.01 (providing that extending credit even for legal gambling transaction in Nevada is illegal); Neb. Rev. Stat. § 28-1105.01 (declaring “gambling debt collection” a class III felony); Northland Transportion, Inc. v. McElhose, 3 Neb. App. 650, 529 N.W.2d 809 (1995) (“As a general rule . . . a court will not aid either party to an illegal agreement, whether executory or executed, but leaves the parties where it finds them.”).

Nevada Nev. Rev. Stat. § 244.345 (license required to conduct gambling in Nevada, and failure to obtain one is a crime); Nev. Rev. Stat. § 463.0129 (public policy of Nevada to only permit gaming if entity or person doing so is licensed); Nev. Rev. Stat. § 463.160 (unlawful to conduct gaming in Nevada without first obtaining a license); Nev. Rev. Stat. § 463.368 (gambling debts incurred at legal and licensed casinos located in Nevada are enforceable); see also Nev. Rev. Stat. § 465; State Gaming Control Bd. v. Breen, 99 Nev. 320, 661 P.2d 1309 (1983) (“This Court has long held that gambling debts are unenforceable in the courts of this State. Neither a patron, nor a gambling establishment may maintain a suit for the recovery of a gambling debt.”); Sea Air Support, Inc. v. Herrmann, 96 Nev. 574, 613 P.2d 413 (1980) (“Despite the fact that gambling, where licensed, is legal in Nevada, this court has long held that debts incurred, and checks drawn, for gambling purposes are void and unenforceable.”).

New Hampshire N.H. Rev. Stat. Ann. § 338:2 (declaring gambling contracts void and providing that “either party may recover any property by him deposited, paid or delivered by him on such wager or its loss, and repel any action brought for anything, the right or claim to which grows out of such bet or wager.”); N.H. Rev. Stat. Ann. § 338:3 (security given for the payment of any gambling loss is void, and any person losing gambling monies may sue to winner of such money to recover it); (“State v. Del Bianco, 96 N.H. 436, 78 A.2d 519 (1951) (“Our legislative enactments declare that bets, wagers and gambling contracts are void. They evidence a public policy of heavy hostility toward gambling that is unregulated and non-revenue producing. Thus, the loser of a bet may recover it even though it is illegal and the stakeholder or bookmaker has already paid it over to the winner.”).

New Jersey N.J. Stat. Ann. § 2A:40-1 (unlicensed gaming transactions in New Jersey are unlawful); N.J. Stat. Ann. 2A:40-2 (gambling losses may be recovered by filing suit against the winner or the person holding the wager); N.J. Stat. Ann. § 2A:40-3 (illegal gambling contracts, including the obligation to repay any money knowingly lent for such transactions, are void and unenforceable); N.J. Stat. Ann. § 2A:40-5(gambling losses may be recovered by filing suit within 6 months after the date of the loss); Gottlob v. Lopez, 205 N.J. Super. 417, 501 A.2d 176 (1985) (holding that although loans made for legalized gambling in New Jersey are enforceable, loans made for illegal gambling occurring in New Jersey, or any other jurisdiction, are unenforceable in New Jersey courts).

New Mexico N.M. Stat. Ann. § 22-10-1 (gambler may sue to recover gambling losses); N.J. Stat. Ann. § 22-10-4 (contracts based on wagers or on a gambling consideration are void and unenforceable); Snure v. Skipworth, 61 N.M.340, 300 P.2d 792 (1956) (affirming trial court’s decision to refund gambler’s losses to him under § 22-10-1); see also Appleton v. Maxwell, 10 N.M. 748, 65 P. 158 (1901).

New York N.Y. Gen. Oblig. § 5-411 (“All contracts for or on the account of any money or property, or thing in action wagered, bet or staked, as provided in Section 5-401, shall be void.”); National Recovery Systems v. Zemnovitch, 672 N.Y.S.2d 911, 250 A.D.2d 742 (2d Dept 1998) (“A gambling debt will not be enforced in New York unless it was validly contracted in another jurisdiction and is enforceable there.”); In re Dana’s Estate, 206 Misc. 1038, 135 N.Y.S.2d 522 (Sur. Ct. 1954) (recognizing the well-settled rule that money knowingly loaned for use in gambling operations cannot be recovered).

North Carolina N.C. Gen. Stat. §16-1 (gambling contracts void and unenforceable); State v. Hair, 114 N.C. App. 464, 442 S.E.2d 163 (1994) (“Gambling debts incurred in North Carolina are not enforceable in the courts of this state.” But, “one who pays a gambling debt owed to another, may not subsequently attempt to recover that which he has paid.”); Bullard v. Johnson, 264 N.C. 371, 141 S.E.2d 472 (1965) (“A note given for a gambling debt is void, and no action thereon can be maintained.”).

North Dakota N.D. Cent. Code §12.1-28-02 (it is a class C felony to engage in the business of gambling in the state of North Dakota without a license); CBA Credit Services of North Dakota v. Azar, 551 N.W.2d 787 (N.D. 1996) (precluding recovery of gambling debt in North Dakota because such debt was illegal in Minnesota where it was incurred); Hochhalter v. Dakota Race Management, 524 N.W.2d 582 (N.D. 1994) (“Gambling differs from other business transactions and ordinary business remedies are not usually available to enforce gambling debts.”); Becher-Berret-Lockerby Co. v. Sjothun, 262 N.W. 691 (N.D. 1935) (explaining that gambling contracts are void and unenforceable in North Dakota).

2007-02-06T04:59:00.001-08:00

Review of State Law on Gambling (Maine-Montana)

Maine Me. Rev. Stat. Ann. tit.17-A, § 954 (intentionally profiting from unlawful gambling is a Class D crime); 17-A M.R.S.A. § 955 (possession of gambling records Class D crime); Me. Rev. Stat. Ann. tit.17-A, § 958 (payments made for illegal “lottery” / gambling are against Maine law and may be recovered); Chenard v. Marcel Motors, 387 A.2d 596 (Me. 1978) (recognizing that Maine’s public policy does not permit enforcement of an illegal contract based on a gambling consideration); Jolovitz v. Redington & Co., 148 Me. 23, 29, 88 A.2d 589, 592 (1952) (“The law leaves parties to an illegal contract where it finds them.”).

Maryland Md. Ann. Code art. 27, § 243 (permitting any person who may lose money at any game where money is bet or wagered may recover all his losses as if the loss were a debt owed to him); Emerson v. Townsend, 73 Md. 224, 20 A. 984 (1890) (promissory note given in payment of a poker gambling debt declared utterly void as gambling debts are unenforceable in Maryland); LaFontaine v. Wilson, 185 Md. 673, 45 A.2d 729 (1946) (permitting recovery of gambling losses totaling about $46,000.00 because money was lost while participating in illegal gambling in Maryland).

Massachusetts Mass. Gen. Laws ch.137, § 1 (gambling losses are recoverably by filing suit within three months of the loss, and if no action is filed by the loser of such money, any other person may file an action thereafter for treble the amount of the loss); G.L.c. 137, 3 (all contracts formed upon a gambling consideration are void as repugnant to the public policy of Massachusetts); Mass. Gen. Laws ch. 271, §16A (organizing, supervising, or assisting in providing gambling facilities is illegal, and punishable by up to fifteen years imprisonment and a $10,000.00 fine); Connecticut National Bank of Hartford v. Kommit, 31 Mass. App. Ct. 348, 577 N.E.2d 639 (1991) (noting that both Connecticut and Massachusetts maintain strong public policies against the enforcement of gambling debt, and suggesting that a credit card debt incurred by taking cash advances at an ATM located in New Jersey near a casino may be unenforceable if the Connecticut bank issuing the credit card knew or should have know the debt was incurred for gambling); White v. Buss, 57 Mass. 448 (1849) (“Any promise, contract or undertaking, the performance of which would tend to promote, advance, or carry into effect an object or purpose which is unlawful, is in itself void . . . money lent for the purpose of promoting [gambling], is lent for an unlawful purpose, and cannot be recovered by the lender.”).

Michigan Mich. Stat. Ann. § 432.220 (any person or entity who conducts gambling activity in Michigan without first obtaining a license are subject to a fine equal to the gross gambling receipts of such operation); Int’l Recovery v. Gabler, 210 Mich. App. 422, 527 N.W.2d 20 (1994) (“It is clear that gambling is contrary to the public policy in Michigan, aside from those narrowly circumscribed exceptions created by the Legislature. It is also clear that the enforcement of gambling debts is contrary to the public policy of our state. Such debts are unenforceable in our courts.”).

Minnesota Minn. Stat. § 541.20 (permitting gambler to sue to recover all gambling losses incurred in Minnesota); Minn. Stat. § 541.21 (declares gambling contracts and gambling debts void); State v. Stevens, 459 N.W.2d 513 (Minn. App. 1990) (dismissing a prosecution against the defendant for passing bad checks because such checks were used for gambling purposes, such checks are therefore void under § 541.20, and thus it is legally impossible for a gambler to defraud anyone by passing a check for illegal gambling purposes); Foley v. Whelan, 17 N.W.2d 367 (Minn. 1945) (“Statutes giving the loser at gambling the right to recover his losses from the winner are deemed to be remedial and as such should be liberally construed in favor of the remedy provided and to those entitled to the benefits thereof.”).

Mississippi Miss. Code Ann. § 87-1-1 (gambling contracts totally void including any obligation to repay any money knowingly lent for gambling purposes); Miss. Code Ann. § 87-1-5 (loser in illegal gambling transaction, or his wife or children may sue to recover such losses); Miss. Code Ann. § 97-33-1 (providing that unauthorized wagering or gambling in Mississippi is illegal); Miss. Code Ann. § 97-33-17 (money obtained from illegal gambling activities can be seized by State of Mississippi); Miss. Code Ann. § 97-43-5 (making it a crime to attempt to collect an unlawful gambling debt); Hertz Commercial Leasing v. Morrison, 567 So.2d 832 (Miss. 1990) (“Gambling contracts are similarly sans sanction. Such contracts are void ab initio and, if sued on, may be subject to the affirmative defense of illegality within Rule 8(c).”).

Missouri Mo. Rev. Stat. § 434.03 (permitting action to be brought to recover money lost gambling); Mo. Rev. Stat. § 434.04 (heirs, wife and creditors of person losing money gambling may also sue the winner to recover such money); Mo. Rev. Stat. § 434.050 (stakeholder [such as a credit card company] that knowingly receives stakes or bets used in illegal gambling will be liable to the loser of the bet for all money given); Mo. Rev. Stat. § 434.060 (parents may recover minor’s gambling losses by filing suit); Mo. Rev. Stat. § 572.12 (devices or money used in illegal gambling may be seized by and forfeited to the State); Mo. Rev. Stat. § 572.07 (declaring possession of a gambling device to be a crime).

Montana Mont. Code Ann. § 23-5-157 (providing that even for legal gambling activities in Montana, “Credit gambling is prohibited [which includes giving] a credit card held pending the outcome of a gaming activity.”); Whorely v. Patton-Kjose Co., 90 Mont. 461, 5 P.2d 210 (1931) (“A contract founded upon an illegal consideration, or which is made for the purpose of furthering the matter or thing prohibited by statute is void.” “The disclosure of illegality is fatal to the party seeking relief based on such contract.”).

2007-02-06T04:58:00.002-08:00

Review of State Law on Gambling (Idaho-Louisiana)

Idaho Idaho Code §18-3802 (participation in gambling is a misdemeanor); State v. Price, 38 Idaho 149, 219 P. 1049 (1923) (holding that gambling debts are illegal in Idaho, and a winner who collects gambling losses is not in lawful possession of the money); Fowler v. Cheirrett, 69 Idaho 224, 205 P.2d 502 (1949) (holding that even a compromise to pay a gambling debt is unenforceable because gambling debts themselves are unenforceable in Idaho).

Illinois 720 Ill. Comp. Stat. 5/28-7 (declaring gambling contracts void and allowing them to be set aside by the loser of such losses by filing suit in the Circuit Court); 720 Ill. Comp. Stat. 5/28-8 (explaining that gambling losses are recoverable by the person losing such money by filing suit in Circuit court within six months of the loss against the winner of such losses. If no suit is filed within six months, any other person may file suit and recover from winner triple the amount of the loss, however processors of the transaction are not deemed to be “winners” under this section); Kedzie & 103rd Cur. Exch. v. Hodge, 156 Ill.2d 112, 619 N.E.2d 732 (1993) (“Owing to a deep-seated hostility toward nongovernmental-sanctioned gambling,” Illinois Courts will not even enforce a check associated with gambling losses, regardless of the status of the check’s holder).

Indiana Ind. Code § 35-45-5-2 (declaring unlawful gambling a misdemeanor); Kaszuba v. Zientara, 495 N.E.2d 761 (Ind. App. 1986) (holding that “[t]he established rule in Indiana denies citizens the use of the Indiana courts to enforce contracts which are illegal,” and reasoning that gambling contracts made in Indiana are illegal and that Indiana courts will not enforce them).

Iowa Iowa Code § 537.4 (gambling contracts are void as a matter of Iowa public policy); McCarville v. Ream, 247 Iowa 1, 72 N.W.2d 476 (1955) (holding that checks given for a gambling debt absolutely void, even in the hands of an innocent person).

Kansas Kan. Stat. Ann. § 21-4308 (installing communication facilities used to transmit gambling bets illegal and constitutes a severity level 8 felony); Kan. Stat. Ann. § 21-4304 (operating or receiving all or part of the earnings of a gambling place deemed a severity level 8 felony); Kan. Stat. Ann. § 21-4303 (making a bet is a class B misdemeanor); First State Bank v. Spencer, 7 Kan. App. 2d 147, 638 P.2d 379 (1981) (“It has long been the settled law of this state that enforcement of a gambling debt is against public policy and the courts will not aid in the enforcement of such debts.”).

Kentucky Ky. Rev. Stat. Ann. § 372.010 (provides that all contracts founded or based on gambling consideration are void); Ky. Rev. Stat. Ann. § 372.020 (provides that loser of any gambling money may file suit within 5 years to recover such money . . . heirs may recover within 2 years after the gambler’s death); Ky. Rev. Stat. Ann. § 372.030 (loser may have relief from gambling debt in equity, in other words, can have the debt forgiven by asking the court to declare the debt void); Ky. Rev. Stat. Ann. § 372.040 (if loser of gambling money does not sue within 6 months of loss, any other person may sue to recover three times the loss within 5 years of the date of the loss); Kentucky Off-Track Betting, Inc. v. McBurney, 993 S.W.2d 946 (Ky. 1999) (holding that a promissory note to pay debts incurred, even though gambling itself was legal, is unenforceable in Kentucky because it contravenes Kentucky’s public policy against permitting collection of gambling debts); Dobbs v. Holder, 242 S.W.2d 605 (Ky. 1951) (holding that a check or other evidence of indebtedness based upon a gambling consideration is absolutely void, and the gambler has no legal obligation to pay the debt).

Louisiana La. Rev. Stat. Ann. §14:90.3 (explicitly states that gambling over the Internet in Louisiana is illegal, and that any person so engaging can be fined up to $500 and/or imprisoned for up to 6 months, and any organization promoting Internet gambling in Illinois is subject to a fine of $20,000 and/or imprisoned for up to 5 years); La. Civ. Code Ann. art. 2983 (“The law grants no action for the payment of what has been won at gaming or by a bet”); La. Civ. Code Ann. art. 2984 (provides, however, that in Louisiana a gambler cannot recover what he has actually paid in gambling losses unless the winner has engaged in fraud, deceit, or swindling); Russo v. Mula, 49 So.2d 622 (La. App. 1950) (“Our jurisprudence is uniform to the effect that courts will not entertain actions to recover what has been either won or lost at gambling.”). It should also be noted that a recent Louisiana case held that giving a personal check for chips then used for legal casino gambling was not a “gambling debt” and therefore the Court would enforce it. See Telerecovery v. Major, 734 So.2d 947 (La. App. 1999). The result in Telerecovery may have been different, however, had the gambling at issue been illegal (as Internet gambling in Louisiana clearly is) as the concurring opinion in that case noted.

2007-02-06T04:58:00.001-08:00

Review of State Law on Gambling (Delaware-Hawaii)

Delaware Del. Code Ann. tit. 11, § 1411 (disseminating or receiving information in furtherance of gambling or gambling purpose over the wires class A misdemeanor); Del. Code Ann. tit. 11, § 1405 (possessing gambling device class A misdemeanor); Del. Code Ann. tit. 11, § 1403 (advancing gambling in the first degree class A misdemeanor); Del. Code Ann. tit. 11, § 1401 (advancing gambling in the second degree class A misdemeanor); Aprile v. State of Delaware, 51 Del. Super Ct. 215, 225, 143 A.2d 739 (holding that gambling is against the public policy of the State of Delaware).

District of Columbia D.C. Code Ann. § 16-1701(holds that gambling contracts made in the District of Columbia are invalid, and will not be enforced by the D.C. courts); D.C. Code Ann. § 16-1702 (provides that any person having lost gambling money in D.C. may sue within three months to recover such money, and if he fails to do so, any other person may sue and recover treble (three times) the amount of the loss, half of which will go to the District); Hamilton v. Blankenship, 190 A.2d 904 (D.C. App.1963) (holding that District of Columbia will not permit collection of a gambling debt if the contract for the debt is void by the law where it was made); Merriam v. Sugrue, 41 A.2d 166 (D.C. App. 1945) (“No doubt, there are occasions where a plaintiff’s own evidence may show that the defendant must prevail, such as a claim upon a gambling debt.”).

Florida Fl. Stat. Ann. § 849.26 (declares gambling contracts, including the enforcement of gambling debts, void as a matter of Florida public policy); Fl. Stat. Ann. § 849.29 (allowing gambler to sue any person or entity that has an interest in a transaction in which the gambler lost money to recover such losses); Fl. Stat. Ann. § 849.30 (gambling loser who brings suit to recover losses may testify about such losses, and his testimony cannot be used against him); Fl. Stat. Ann. § 849.32 (gambler bringing suit to recover gambling loss must send copy of summons and complaint to State Attorney); Froug v. Carnival Leisure Industries, Ltd., 627 So.2d 538 (“Florida courts have consistently held that gambling obligations, even if valid in the state in which they were undertaken, are unenforceable in Florida as contrary to law and public policy.”).

Georgia Ga. Code Ann. § 13-8-2(a)(4) (providing that wagering contracts are against the public policy of Georgia and cannot be enforced); Hargreaves v. Greate Bay Hotel & Casino, 182 Ga. App. 852, 357 S.E.2d 305 (1987) (noting that it is against the public policy of Georgia to enforce gambling debts, however permitting enforcement of such a debt because a judgment was already entered against the gambler in New Jersey).

Hawaii Haw. Rev. Stat. § 712-1221 (promoting gambling in first degree is a class C felony); Haw. Rev. Stat. § 712-1222 (promoting gambling in the second degree is a misdemeanor); Haw. Rev. Stat. § 712-1223 (gambling or advancing gambling is a misdemeanor); Haw. Rev. Stat. § 712-1224 (possession of gambling records in first degree is a class C felony); Haw. Rev. Stat. § 712-1225 (possession of gambling records in second degree is a misdemeanor); Haw. Rev. Stat. § 712-1230 (property used in gambling forfeited to state); Haw. Rev. Stat. § 712-1231 (“social gambling” valid defense to prosecution for gambling); Haw. Rev. Stat. § 842-2 (offense of racketeering may be committed by attempting to collect unlawful gambling debt).

2007-02-06T04:57:00.000-08:00

Review of State Law on Gambling (Alabama-Connecticut)

Alabama Ala. Code § 12-11-31(2) (The Alabama Circuit Courts have authority to hear all cases challenging a gambling contracts as illegal); Ala. Code § 8-1-150(a) (provides that all gambling contracts are void as a matter of public policy, and that any person who has lost money gambling may file suit within six months of payment of the loss to recover that loss); Ala. Code § 8-1-150(b) (provides that any other person may file suit to recover such losses within 12 months after payment of the loss); Holiday Casino, Inc. v. Breedwell, 581 So.2d 471 (Ala. 1992) (“We are aware of the fact that no suit could have originally been brought and maintained on the gambling debt itself in the courts of our state.”); Osborn v. Pointer, 128 So.2d 538 (Ala. 1961) (“Where money is borrowed for gambling purposes and the lender knows that the money is to be used for such purposes, then under the doctrine of our cases, such transaction is deemed to be based upon an illegal consideration, and is unenforcible.”).

Alaska Alaska Stat. §11.66.200 (declaring unlawful gambling a misdemeanor, but permitting exception for individuals engaged in “social game”); Alaska Stat. §11.66.210 (promoting gambling class C felony); Alaska Stat. §11.66.220 (profiting from gambling class “A” misdemeanor); Alaska Stat. §11.66.230 (possession of gambling records class C felony); Alaska Stat. §11.66.260 (possession of gambling device class “A” misdemeanor); Alaska Stat. §11.66.270 (any entity engaging in these gambling acts must forfeit all monies used as bets or stakes); Malasarte v. Keye, 13 Alaska 407, 412 (1951) (holding that Alaska courts will not aid in the enforcement of the terms of illegal contracts, including the enforcement of gambling debts).

Arizona Ariz. Rev. Stat. § 13-3310 (providing that all benefits obtained from gambling and all devices used in gambling are forfeited to the state); Ariz. Rev. Stat. § 13-3307 (possession of gambling records class 1 misdemeanor); Ariz. Rev. Stat. § 13-3306 (possession of gambling device class 2 misdemeanor); Ariz. Rev. Stat. § 13-3304 (benefiting from gambling class 1 misdemeanor, however engaging in “social game” by individual exempted); Ariz. Rev. Stat. § 13-3303 (promotion of gambling class 5 felony).

Arkansas Ark. Code Ann. § 16-118-103(b)(1) (providing that all gambling contracts are void as a matter of public policy); Ark. Code Ann. § 16-118-103(a)(1) (providing that any person may file suit to recover his gambling losses within 90 days after paying the money lost); Ark. Code Ann. § 16-118-103(a)(2) (providing that heirs or creditors of person losing money gambling can also file suit to recover gambling losses under Ark. Code Ann. § 16-118103(a)(1)); Ark. Code Ann. § 16-118-103(e) (discussing that gambling on credit is against “strong Arkansas public policy” and declaring such debts uncollectible and unenforceable in Arkansas).

California Cal. Pen. Code § 330; Cal. Civ. Code § 1607 (providing that consideration for a contract must be lawful); Cal. Civ. Code § 1667 (providing that a contract is “unlawful” if it is contrary to “an express provision of law,” “the policy of express law, though not expressly prohibited,” or “good morals.”); Metropolitan Creditors Service v. Sadri, 15 Cal.App.4th 1821, 19 Cal.Rptr.2d 646 (1993) (refusing to enforce Nevada gambling debt on credit, regardless of whether such debt would be valid in Nevada, holding that “California has always had a strong public policy against judicial enforcement of gambling debts, going back virtually to the inception of statehood.”).

Colorado Colo. Rev. Stat. §18-10-101(1) (declaring that in Colorado, permitting any person to risk any money or credit to gamble is against the state’s public policy); Colo. Rev. Stat. §1810-102(2) (gambling transactions pursuant to a bona fide social relationship are legal in Colorado); Colo. Rev. Stat. §18-10-106 (transmission or receipt of gambling information class 3 misdemeanor); Condado Aruba Caribbean Hotel v. Tickel, 39 Colo. App. 51, 561 P.2d 23 (1977) (holding that gambling debts cannot be enforced in Colorado because of the state’s strong public policy against commercial gambling); see also Eldred v. Malloy, 2 Colo. 320 (1874); Maher v. Van Horn, 15 Colo. App. 14, 60 P. 949 (1900).

Connecticut Conn. Gen. Stat. § 53-395 (declaring it a criminal offense to attempt to collect an unlawful debt); Conn. Gen. Stat. § 53-278d (transmission of gambling information Class A misdemeanor); Conn. Gen. Stat. 53-278b (“professional gambling” Class B misdemeanor, but making an exception for “natural persons” engaged in “social game”); Conn. Gen. Stat. § 52-553 (declaring that wagering contracts made in Connecticut are void); Conn. Gen. Stat. § 52-554 (providing that any person who losses money gambling may sue to recover his losses within three months and can also recover all costs to do so); Casanova Club v. Bisharat, 189 Conn. 591, 458 A.2d 1 (1983) (applying Conn. Gen. Stat. § 52-553, the court held that a British corporation operating a legal gambling casino in London could not recover on a gamblers’ dishonored checks, because of Connecticut’s long-standing policy against enforcing gambling debts); Connecticut Nat. Bank of Hartford v. Kommit, 31 Mass. App. Ct. 348, 577 N.E.2d 639 (1991) (reasoning that under Connecticut law a gambler could properly defend against a action by a bank to recover credit card cash advances, on the theory that the bank knew or should have know that such advances were being used to finance gambling activities); King Int’l. Corp. v. Voloshin, 366 A.2d 1172, 1175 (Conn. Super. Ct. 1976) (“It is the conclusion of this court that the legalization of gambling in a limited and regulated manner, while constituting a change to some degree in this state’s ancient and deep-rooted public policy prohibiting gambling, has had no effect on the long-established policy of this state condemning gambling on credit and prohibiting the enforcement of any claimed obligation relating thereto.”).

2007-02-06T04:54:00.000-08:00

Review of United States Federal Law on Gambling

According to the United States Federal Law, by engaging in online gambling transactions over the internet, and by knowingly assisting in the processing of such transactions, online casino operators, the e-cash processors of such transactions, and the credit card company concerned (VISA or Mastercard) may have violated a number of federal criminal laws. A criminal prosecution may assist you in recovering your gambling loss because the court may order the defendant to pay restitution which may include a refund of your loss.

However, do take note that recovery of your loss by utilizing federal law may be limited to restitution since most of such laws do not provide a gambler the right to recover his or her money by filing a civil lawsuit. One such statute does exist - commonly called the Racketeer Influenced and Corrupt Organizations Act. It may allow a plaintiff to recover up to three times the amount of his or her loss resulting from the defendants engagement in a "pattern of racketeering activity", which includes their attempts to collect an unlawful debt.

Unless you have an attorney to represent you, it is advisable that you avoid any attempt to sue for money under this statute for two reasons. First, it is an extremely complex and difficult statute to understand and prosecute. Second, because it is a federal statute, inserting it into a lawsuit will enable the defendant to move your case into federal court (as opposed to remaining in state court which is where you want to be if you have to file a lawsuit).

For your reference, the following are just several federal statutory law that could apply to impose criminal charges against persons who operate or assist in the operation of internet gambling websites:

1. Interstate Wire Act, 18 U.S.C. §1084 (any person engaging in the business of betting or wagering who uses a "wire communication facility" to assist in transmitting information regarding such bets and wagers including information that assists the recipient to receive money or credit as a result of bets or wagers, in interstate or foreign commerce, can be fined and imprisoned for 2 years);

2. Conspiracy, 18 U.S.C. § 371 (if any two persons conspire to commit any offense against the United States, or to defraud the United States, such persons may be fined and imprisoned for 5 years);

3. Money Laundering, 18 U.S.C. §1956 (if anyone knowingly conducts or attempts to conduct a financial transaction where the property involved in such transaction was derived from some unlawful activity, such person or entity may be fined up to $500,000 or twice the amount of money involved in the transaction, and imprisoned for up to 20 years);

4. Amateur and Professional Sports Act, 28 U.S.C. §§ 3701-04 (it is unlawful for a person to "sponsor, operate, advertise, or promote" gambling or other wagering activity on games in which amateur or professional athletes compete, and engaging in such activity may result in a suit for injunctive relief being brought by the Attorney General for the United States);

5. Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-68 (providing that committing "racketeering activity" which includes illegal gambling, and the collecting of unlawful debts, may subject the persons committing such acts to a fine and imprisonment for up to 20 years);

6. Communications Act of 1934, 47 U.S.C. §§ 151, 153 (granting Federal Communications Commission power to regulate interstate and foreign commerce in communication by wire and radio);

7. Organized Crime Control Act, 18 U.S.C. §§ 1955 (holding that any person who "conducts, finances, manages, supervises, directs, or owns any part of an illegal gambling business" may be fined and sentenced to five years imprisonment);

8. Travel Act, 18 U.S.C. §1952 (whoever uses the mail in interstate or foreign commerce with an intent to carry on any illegal gambling enterprise can be fined and sentenced to five years imprisonment);

9. The Interstate Transportation of Wagering Paraphernalia Act, 18 U.S.C. §1953 (whoever sends in interstate or foreign commerce any gambling record or other gambling paraphernalia can be fined and sentenced to five years imprisonment);

10. Federal Anti-Lottery Statutes, 18 U.S.C. §§ 1301-07 (whoever brings "lottery tickets" or other games of chance into the U.S., or distributes such tickets in interstate commerce, can be fined and sentenced to two years imprisonment);

11. The Johnson Act, 15 U.S.C. §§ 1171-78 (unlawful to transport in interstate commerce any gambling device if such person has not first registered with the Attorney General, the violation of which may result in a fine of $5,000 and a sentence of two years imprisonment);

12. Federal Aiding and Abetting, 18 U.S.C. § 2 ("[W]hoever commits an offense against the United States or aids, abets . . . or procures its commission, is punishable as a principal".

If you wish to learn more about each of these statutes, look them up via the internet resources listed in our 60+ page e-book on how to legally recover your online gambling losses. Price has been greatly reduced to $9.95 (original price: $29.95). CLICK HERE to order the e-book. You can contact us at info@RECOVERGAMBLINGLOSSES.COM

2007-02-06T04:53:00.000-08:00

Understand State and Federal Gambling Laws to Recover Your Losses

In the United States, there is a dual system of government known as federalism. In any given state there are two sets of laws that apply to gambling transactions, state law and federal law. Your state maintains its own set of laws that are different from every other state. Every state, however, is subject to the same set of federal laws. There are two basic forms in which state law and federal law exist. First, Congress or your state legislature can vote to pass a law. These types of laws are usually called "statutes" or "codes" and are compiled for each state, and one for the federal government. These types of laws are commonly referred to as "statutory law". The second type of law that exists is judge-made law, or "common law". This type of law is made when courts are presented with a particular situation, and give a written opinion about how that situation should be resolved. "Common law" is as binding as "statutory law".

As such, you'll need to review specific gambling laws relevant to your state. Those are the state laws you will cite in your letters you will write to either your credit card company, the processor of your gambling transaction, or the online casino operator. You may also refer to federal statutory law applicable to gambling transactions as they apply to all 50 states and the District of Columbia.

If you take time to read gambling laws of all states, you'll notice the difference in the gambling laws between the different states. For example, you may notice that some states have explicit statutory law that provides that gambling contracts are unenforceable, while other states only have criminal laws that make gambling a crime. This is important because when a state maintains laws that make gambling a crime, it follows that gambling contracts in that state are also unenforceable.

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2007-02-06T04:51:00.000-08:00

Legally Recover Online Gambling Losses (e-Book for Sale) - only $9.95

A methodic step-by-step e-book that will guide and teach you how to effectively recover your online gambling losses. Easy-to-read chapters include: (1) Your legal right to recover your online gambling losses. (2) The need to understand state and federal gambling laws. (3) Federal tax laws online casinos don't want you to know. (4) How to avoid personal liability. (5) How to get online gambling operators to refund your money. (6) How to threaten to file a lawsuit. (7) How to file a lawsuit to recover your money. (8) How to defend yourself from collection attempts. (9) How to protect your credit. (10) Strategies you should know to recover your online gambling losses.

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2007-02-06T04:49:00.001-08:00

Do You Have Legal Right To Recover Gambling Losses?

In almost all 50 states in the U.S. it is illegal to collect gambling debts. Have you ever tried buying a lottery ticket with your credit card? Be it VISA or Mastercard, your request to purchase will be rejected. Even though it is legal to gamble in most states, gambling on credit is a no no. Certain type of gambling is only legal in some parts of a state, but not in all parts of that state. I shall not go into detail here.

Historically in most jurisdictions gambling has been or thought to be seen as against the good welfare and morals of society. However, in places (such as Las Vegas) that permit most forms of gambling, the state permits it only because they take it upon themselves to regulate the activity so as to generate revenue via licensing and taxation. As such, accepting gambling wagers from U.S. residents over the internet violates the law o f most states.

Even though operation of online casinos in itself doesn't morally offend public policy, it will most likely offend your state's public policy because these websites violate state licensing requirements and evade payment of state taxes. Since the gambling itself is illegal, any contract arising from such activity would be ragarded as illegal.

The online casinos may argue that your act of gambling is not illegal, but gambling on credit is illegal! Technically, there are perhaps three reasons why your gambling loss can be recovered: (1) it offends the morals of the state you live in; (2) the online casino failed to get a license or to be taxed (may not apply to non-U.S. websites); and (3) the gambling was done on credit.

To get step-by-step strategies and more information on how to recover your internet casino online gambling losses, contact us at: info@RECOVERGAMBLINGLOSSES.COM

2007-02-06T04:38:00.000-08:00

Recover Online Gambling Losses - The Legal Way

If you are here to recover from online gambling addiction, you've come to the right place. If you are here to recover from the financial losses resulting from online gambling, this is also a place for you.

Gamblers Anonymous offers the following 20 questions to anyone who may have a gambling problem. These questions are provided to help the individual decide if he or she is a compulsive gambler and wants to stop gambling.

Did you ever lose time from work or school due to gambling?
Has gambling ever made your home life unhappy?
Did gambling affect your reputation?
Have you ever felt remorse after gambling?
Did you ever gamble to get money with which to pay debts or otherwise solve financial difficulties?
Did gambling cause a decrease in your ambition or efficiency?
After losing did you feel you must return as soon as possible and win back your losses?
After a win did you have a strong urge to return and win more?
Did you often gamble until your last dollar was gone?
Did you ever borrow to finance your gambling?
Have you ever sold anything to finance gambling?
Were you reluctant to use "gambling money" for normal expenditures?
Did gambling make you careless of the welfare of yourself or your family?
Did you ever gamble longer than you had planned?
Have you ever gambled to escape worry or trouble?
Have you ever committed, or considered committing, an illegal act to finance gambling?
Did gambling cause you to have difficulty in sleeping?
Do arguments, disappointments or frustrations create within you an urge to gamble?
Did you ever have an urge to celebrate any good fortune by a few hours of gambling?
Have you ever considered self destruction or suicide as a result of your gambling?

As you may have read, most compulsive gamblers will answer "yes" to at least 7 of the above questions. From the many websites that I have encountered on the internet, almost all of them offer possible solutions through conventional group therapy, newsgroups and forums. While in the process of trying to recover from their gambling addiction, they are still pressured with financial difficulties in attempting to gradually repay their debts (which may actually trigger a relapse).

Now some of us may have heard about a landmark case involving Cynthia Haines from California. She was an online gambler who ran up $115,000 in credit card debts by gambling online. However, when it came to paying up her credit card bills she refused, claiming that online gambling is illegal in the United States. To make the long story short, in an out-of-court settlement her creditors agreed to drop their claims and a gambling software company paid her $225,000 lawyers bill.

So is it really possible to legally recover online gambling losses? From what I've gathered it is possible, and you may not even have to seek legal advice from an attorney. All you need is enough legal knowledge and the right strategy to challenge online casinos operators.

For more information, contact us at: info@RECOVERGAMBLINGLOSSES.COM