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I never thought there would be a day when I would live in fear of my own government. Heil Bush…
[IMG]http://www.apcw.org/bush-hitler.bmp[/IMG]
Please make some room in your PM box.
Dom…
Open for business again… =0)
Integrity wrote:Dom…Open for business again… =0)
What did the lawyer say?
Spoke to several attorneys… one for me and one for Washington State…
Also spoke to a prominant portal owner who has had lots of experience fighting the government of these issues.
The general line of thought is that, as a webmaster, I may be better off than I think. The real danger is in how I get paid from the casinos… as a percent of loss… if these places decide to investigate me.
May have to totally restructure…
Can you clarify? So as an affiliate in Washington State, it is better for you to accept payment via CPA or straight media buys as opposed to revenue share?
Thanks,
Focal,
The general line of thought is that if I am receiving a percent of loss, that directly ties me to illegal proceeds. Now, PROOVING that would be tricky, since I am paid to my bank account via NETeller and no casino names are attached.
There would have to be many subpoenas served in Canada and other countries to actually PROOVE my payments came from illegal loses. Can they PROOVE my players were from the USA? Can they PROOVE those dollars went to NETeller? It would be very messy, but not impossible. BUT, they may be able to freeze all my cash while they investigated.
If I had a CPA Deal or a direct placement deal, they may still investigate me. But the PROOVING IT aspect would be even harder… and freezing my cash would be almost impossible, since I am not taking a direct cut off the player losses.
Also, doing a percent-of-profit deal may (just may) make me elligible to be charged with “aiding” or “conspiracy”… again, a long stretch. But in Washington State, who else are they going to charge? Who else up here is a webmaster with 30 videos online and running a casino webmaster association?
This is why I drink. :drunk2:
Integrity,
If I understand correctly, you are saying the illegal proceeds are the cash lost by the player. If they can tie you to a player’s losses, you can be charged.
If you do CPA or a media buy, I wouldn’t think they could tie you to that player’s losses?
The other thing you mentioned is the “aiding” aspect. What is the difference between putting a banner up on your site for a flat fee and a programmer that helps code a casino site? In both cases they are “aiding” the casino. I would like to know what your lawyers say about “aiding”. Even if I wore a T-shirt with a casino on it, I guess that could be considered “aiding”.
In any case, it is important for all U.S. affiliates/marketers to understand completely the ramifications of what you are doing in Washington State, so if this is carried to other states or nationwide, people have a better understanding..
When you get a % of losses, they will try to argue that you are, in fact, acting as a casino.
This would be difficult to prove for them also, but they would try.
The less avenues you give them to pursue, the better.
The wagering % as used by Casino Rewards and Fortune is also a way that you are not sharing the profits/losses directly, as is the % of deposit Slotland offers.
Obviously I am not a lawyer and these comments are not to be construed as legal advice but are solely for your entertainment.
I think it will be very interesting to see if any poker rooms actually block access to Washington State IPs. That was an issue a few months back when one casino accepted a player from Vegas where online gaming is banned by the state of Nevada.
I have a gut feeling that tells me not one casino will move to block access.
Axl,
No casino or poker room will block anyones access…
The state will force the ISP’s to block the access of people living here.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Maybe, just maybe, between this, the NSA tracking phone calls, the looking at bank accounts and the phone tapping (and many other things I am sure we don’t know about) we as Americans will actually go and vote.
Guess time will tell.
The mid-term elections can’t get here fast enough. Not that it really changes much for us right away, but may start the pendulum swinging back the other direction.
True Irony = Taking away Freedoms, Liberties and Rights from the people so that the peoples Freedoms, Liberties and Rights can be protected…
