“Protect the public by ensuring
that gambling is legal and
honest”
Washington State Gambling
Commission
NAGRA
Kansas City, Missouri
June 2007
Current Approach to I-gambling
Enforcement
Federal
–
Illegal under 18 United States Code
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•
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–
–
1084 – Transmitting Gambling Information
1952 – Travel Act (Racketeering)
1955 – Internet Gambling Business (Racketeering)
IRS and the FBI
Enforcement Issues:
•
•
Availability of manpower
Primary enforcement actions are Homeland Security,
Terrorism and Narcotics Interdiction
Co-operation
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•
•
•
US Attorneys from New York, New Jersey, Missouri,
and Washington DC Organized Crime and
Racketeering Section
Interest in Washington State with preparations
underway for presentation of cases for Federal
Enforcement
Primary State Enforcement being done by Washington
State Gambling Commission, Louisiana State Police,
Montana Department of Justice, New Jersey State
Police, Florida Department of Law Enforcement
Cooperation with Colorado, Oregon, California,
Nevada, New York, Arizona
Informal Task Force
• Task Force format for information sharing
• LEIU Standards apply (28 CFR part 23)
• Enforcement, Legislative/Regulation, and
Education
• Multi-State, Federal, and International
partners
• Cooperative cases
Prohibition against I-gaming in
Washington State
• Gambling Information, Transmitting or
Receiving RCW 9.46.240 – Class C Felony
– Enacted 6/2006 with internet included clarifying the
law
• Professional Gambling in the First Degree
RCW 9.46.220 – Class B Felony
• Professional Gambling in the Second Degree
RCW 9.46.211 – Class C Felony
• Criminal Profiteering Act RCW 9A.82
• Money Laundering RCW 9A.83
Other States with Prohibition
Against Internet Gambling
• Laws specifically addressing the internet
– Oregon, Louisiana, Utah, Hawaii, Illinois,
Indiana, Massachusetts, Nevada, South
Dakota, New Jersey, and Montana.
• Declared illegal by the State Attorney
General in
– Texas, Florida, Oklahoma, Minnesotta,
Kansas
Investigations
• Who, What, Where, When, How
• Cooperative Investigative plan
• Technical tools
• Limits - VSP
• Skill requirements
– Seasoned Investigators with knowledge of a
variety of techniques
• Administrative commitment
Dynamics
• Federal
– Broad coverage laws
with linkage
– Severe sentences
– Selective Enforcement
– Establish minimum
Standards for LE
– Political Appeal
• State
– Specific and Narrow
focus laws
– Moderate to severe
sentences
– Necessary to maintain
order of State
– State Courts can be
overruled by Federal
Courts
Dormant Commerce Clause
• Regulates commerce among the States
• Does State internet statute discriminate
– Pike Test – excessive burden in relation to benefit
– Other regulations might have lesser impact
• Internet Gambling – no current cases effecting
clause
• Washington State Commercial Electronic Mail
Act (Spam) - found not to violate Pike Test
Potential Future Approaches
Cooperation with Jurisdictions
Outside the US
• Broadening of the investigative field with
Concentration on Vital Service Providers
• Cooperation is currently in progress
• Mutual Legal Assistance Treaties
• Associated Crimes as opposed to United
States Code Violations of Gambling
• Dynamics between State and Federal law
and International Law - FATF
Presented by Washington State
Gambling Commission
• Special Agent Supervisor
Richard Herrington
• PO Box 42400
Lacey, WA 98504-2400
• Criminal Intelligence Unit
• Telephone: 360-486-3590
Any
?s