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Is Underground Poker Illegal in New York?

New York City has been buzzing the last month about underground poker games.  The reason?  Back in August Judge Weinstein of the US District Court for the Eastern District of New York considered a case where federal agents raided an underground game in Staten Island.  A guy named Lawrence DiCristina ran the game and took a 5% rake (Sidenote: that is surprisingly reasonable compared to some of the ridiculous games I’ve played with a 10% uncapped rake…).  DiCristina was charged with operating an illegal gambling business and faced up to 10 years in prison.  Damn…

The interesting thing is that he was charged in FEDERAL court, NOT NEW YORK COURT.  Judge Weinstein ruled that for the purposes of the federal law poker is not illegal gambling because it is a game of skill.  No way?!  REALLY?  My making my living off this game the past ~4yrs is finally vindicated!  I’m not just some lucky chump!  Sheesh…

Anyway, the other interesting thing about this case is that it does NOT affect New York law.  That is to say that underground poker room operators in New York City can still be charged and convicted under New York laws in New York courts, no matter what the federal government has said.

Maybe one day we’ll get this all right…

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