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Pennsylvania Attorney General Seeks Poker Profit Confiscation

August 3, 2008 (InfoPowa News) — Last year's enforcement action in which a Westmoreland, PA lawyer, Larry Burns, was busted for organising poker games, had a sequel this week when the state Attorney General's office applied for an order from the courts to confiscate $40,000, citing the money claimed as proceeds from an 'illegal' activity.
The monies consist of over $9,000 seized at the time of the enforcement raids, and an additional $31,000 that was donated to the Westmoreland County Fire Department as a reward for hosting the games in a Seward fire station.
Burns continues to defend himself against the charges against him, most recently through an unsuccessful attempt based on the "skill vs. chance" argument that so frequently surfaces regarding poker cases.
David Millstein, a lawyer representing Burns, has also presented argument that there are precedents in previous state cases in the Commonwealth of Pennsylvania where the definition of the terms 'gambling' and 'unlawful gambling' does not proscribe such conduct, and which specifically state that wagering on poker or playing poker for money or other reward is not 'gambling' or 'unlawful gambling' within the Commonwealth.