Has anyone recieved competent legal advice on what we can do or can’t do?
I don’t believe anyone here is posting from a legal advice standpoint, including myself.
I’m just watching what the other people/entities are doing that have something in common with me – they either also live in the US, have business here, or may in the future. Every single one of them is dropping US players.
All of the programs stating ‘business as usual’ (they all say the exact same words) are based in non US countries. I understand why it would be business as usual as they don’t have much more risk to themselves as they did before the law was passed. No problem. But I would appreciate the like minded affiliates on these message boards to not tell me I’m panicking, having ulterior motives, etc.
And believe me, I’m not a fan of Party Poker – wouldn’t trust them as far as I could throw them. But, I follow the money. If they are willing to take a huge hit in not accepting US players, I really don’t think they are doing it as some short term sinister strategy. They could make a lot more money printing up paper to sell into the market. If I’m not mistaken there are major US investors in Partygaming and that reason alone would be a good one as to why they are doing what they are.
Here are the closest things to credible I’ve read that may be important to US affiliates:
This first one, go out to the link and read the whole thing.
D. Many sites use what are called affiliates. Persons who are affiliates and live inside the US will now be subject to arrest and prosecution, particularly those who do not block financial transactions from the US.
http://www.pokerplayernewspaper.com/viewarticle.php?id=1481
This next one is from a law professor:
[The greatest danger here would seem to be with affiliates. Any American operator can be easily grabbed. This includes sites that don’t directly take bets, but do refer visitors to gaming sites. If the affiliate is paid for those referrals by receiving a share of the money wagered or lost, it would not be difficult to charge the affiliate with violating this law, under the theory of aiding and abetting. Being a knowing accomplice and sharing in the proceeds of a crime make the aider and abettor guilty of the crime itself. The federal government could also charge the affiliate with conspiracy to violate this new Act./QUOTE]