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Is Online Poker For Real Money Legal In The Us

Is Online Poker For Real Money Legal In The Us Average ratng: 4,8/5 1475 reviews
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  3. Is Online Poker For Real Money Legal In The Us

The legality of online poker in the United States varies according to your jurisdiction. Contrary to what some sources might have you believe, no federal law specifically forbids online poker. State laws, on the other hand, might or might not, depending on the state. Only one state (Washington) has a specific law explicitly forbidding online poker, while only Delaware, Nevada and New Jersey have legalized and regulated it.

Is Online Poker Legal in the United States? Contrary to what many think, there is actually no federal law in the United States that strictly prohibits US players playing for real money online or making accounts to do so. However, for individual states where online poker is legal, that’s when things are slightly more complicated. Aside from a few states (see below), it appears to be perfectly legal to play online poker for real money in the US. Thousands of American players play online poker for real money every week. No players have ever been arrested. If online poker is was illegal, the online poker rooms would not be accepting US players. The simple answer is: yes, online poker is legal. Online poker has a tumultuous history in the United States, but things are looking up. Four states, Nevada, New Jersey, Pennsylvania and Delaware all legalized online poker and sites are up and running in each of those states. Delaware online poker. Delaware is the smallest US state with legal online poker, though a liquidity-sharing agreement with Nevada does help the numbers. Thee state’s three casinos all operate their own branded skins on a shared 888 Poker network. So, if you are regularly playing $25 buy-in online poker real money USA legal tourneys, consider having around $1,000-$1,250 back. Having a healthy legal poker US real money bankroll is particularly important if you are multi-tabling on the web.

Our goal is to provide the facts about where you can play poker online legally in the United States. You should know up front that our site isn't run by lawyers or anyone with any kind of governmental authority. If you need actual legal advice, you should contact an attorney. The information provided here is for educational and entertainment purposes only. We're not responsible for anything that happens based on your use of the information here.

That being said, the information here is accurate and reliable to the best of our knowledge.

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Washington State

We thought it would be a good idea to get this out of the way right away. It is illegal to play poker online for money in the state of Washington.

The state of Washington passed a law in 2006 making online poker a felony. Full Tilt Poker and PokerStars responded by no longer offering services to residents of that state, but they continued to operate in the rest of the country. If you live in the state of Washington, it's a crime to play poker online for money. In fact, it's a serious crime. Our advice to poker players in Washington state is to not play poker on the Internet.

We don't know why the state of Washington has taken such a draconian stance against Internet poker, but if you live there, it's probably best not to play, even if you can find a site which would accept you as a player.

Games of Skill vs. Games of Chance

The amount of controversy surrounding whether or not it's legal to play poker on the Internet in the United States is strange, especially in light of the similarities between the game and the free market system, which is one of the cornerstones of the American way of life. Poker is even commonly called 'America's card game.' Expert players consider it a mind sport. Even the general public considers poker a sport; that's why it's the subject of televised events on ESPN, a TV channel that specializes in sports programming and reporting.

In August, 2012, Judge Jack B. Weinstein, a federal judge in Brooklyn, ruled that poker is predominantly a game of skill rather than chance. The reasoning is that the money doesn't flow to the luckiest players at the table, at least not in the long run. In the end, the most skilled players win the most money. The skills used in poker include reading other players, concealing your own intentions, and evaluating the odds that your hand is the best.

According to Judge Weinstein, 'The most skillful professionals earn the same celestial salaries as professional ballplayers.'

Of course, this doesn't mean that playing poker doesn't constitute gambling, at least not colloquially. What makes a game 'gambling' is the activity of betting money. Skill becomes a consideration from a legal standpoint, though. In many jurisdictions, contests of skill are treated dramatically different from games of pure chance.

You might be the best poker player in the world, but on any given hand, you face an element of risk. The same holds true for other bettors who use skill to get an edge. Blackjack card counters, expert video poker players, and skilled sports handicappers all sometimes lose.

The Interstate Wire Act of 1961

Does the Wire Act make online poker illegal?
The Interstate Wire Act of 1961, sometimes called 'the Federal Wire Act', was passed in September, 1961 in an attempt to thwart organized crime.

In 2005, the Justice Department sent threatening letters to Internet publishers and broadcasting companies, including Google, Yahoo, and Infinity Broadcasting. Their contention was that accepting advertising from companies involved in online gambling was 'aiding and abetting' illegal activities. They used the Interstate Wire Act as justification for this.

In December, 2011, The Justice Department reversed their position, stating that the Interstate Wire Act of 1961 only applies to sports betting, not to poker.

So the short answer, until the Supreme Court rules otherwise, is no, the Wire Act does not make online poker illegal.

The Unlawful Internet Gambling Enforcement Act of 2006

Does UIGEA make online poker illegal?
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) was passed as part of the Safe Ports act. The law made it a federal crime to accept payments connected with illegal Internet gambling. It did not define 'illegal Internet gambling', and since the Wire Act only applied to sports betting, no federal law makes it illegal to play poker on the Internet for money.

So the short answer again is no, UIGEA does not make online poker illegal unless state laws make it illegal (which they seem to do in the vast majority of the states).

As a practical matter, though, UIGEA has made life harder for online rounders. Some companies, including Pacific Poker, Paradise Poker, and Party Poker, stopped accepting real money players from the United States. Other companies, including Full Tilt Poker, PokerStars, and the Cereus Poker network, continued to accept players from the United States. Eventually, even those companies had to capitulate to the prevailing anti-gambling sentiment from the current U.S. governmental regime.

Black Friday

Did the events of Black Friday make online poker illegal?
In 2011, an estimated 2 million Americans played online poker for money on a regular basis. On Friday, April 15, 2011, The Justice Department eliminated most of this play when it shut down the three most trafficked poker sites (Pokerstars, Full Tilt Poker, and the Cereus Network) with charges of money laundering and fraud. The US government contended that the companies had violated UIGEA, but the poker companies operated under the understanding that online poker wasn't illegal and therefore didn't constitute a violation of the act.

The Department of Justice not only seized control of the websites for the three companies, they also froze the assets in 76 bank accounts in 14 countries. Both civil and criminal charges were filed. In July, 2012, the U.S. government dismissed 'with prejudice' the civil complaints, but not the criminal indictments. PokerStars and Full Tilt Poker settled without admitting wrongdoing. As part of the settlement, PokerStars bought Full Tilt Poker.

No, the events of Black Friday didn't make online poker illegal, but they had a chilling effect on the actual play. The industry still hasn't recovered, but there are reasons to be optimistic.

The Poker Player's Alliance

The Poker Player's Alliance (PPA) was founded in Washington D.C. in 2005 as a non-profit political advocacy group to protect the rights of poker players in the US. Their goals include overturning UIGEA and passing legislation legalizing and regulating poker on the Internet. From their about us page, their mission is as follows: 'The PPA's mission is to establish favorable laws that provide poker players with a secure, safe and regulated place to play.'

Multiple bills have been proposed in Congress to amend UIGEA with an exception for online poker and other skill games but none have passed. We encourage the civic-minded members of our readership to visit their site, consider donating, or use their other resources to write to the lawmakers who represent them in the government. If it is the will of the people, safe and regulated online poker can become a reality sooner rather than later.

Delaware, Nevada, and New Jersey

Three states, Delaware, Nevada, and New Jersey, have passed laws explicitly legalizing and regulating online gambling.

Delaware taxes the first $3.75 million of online gambling revenue in a year at 100%, which means that casinos need to generate a tremendous amount of activity to earn any money from online gambling activities. To legally gamble online in Delaware, a player must be of gambling age and operate their computer (or smartphone/table) within the state. The online poker market there is correspondingly small as a result, but state officials are confident that revenues from online gambling will grow as it catches on there.

Nevada has legalized online poker for two sites: UltimatePoker.com and WSOP.com. These two sites have exclusive rights to run online gambling in the state. As in Delaware, players must be of legal gambling age and operate their computer within the state. Nevada taxes online gambling revenues at the same rate (6.75%) as all other gaming revenue.

Ultimate Poker shut its operations down on November 17th, 2014. It was the first site to get licensed in Nevada and the first one to fold, giving WSOP.com an even stronger position in the market.

Websites offering online gambling in New Jersey are required to have a relationship with a physical casino within the state. They tax this revenue at 15% (compared to the 8% they tax their physical casinos). All gambling activities, including poker, are legal within this context, but revenues have been lower than expected. This disappointment is, at least in part, a result of credit card companies' lack of cooperation in processing these transactions.

These are not the only states where it's legal to play poker. They're just the only states to have laws on the books specifically legalizing the activity and regulating it. In the United States, an activity is legal unless a law prohibits it, so the lack of laws on the books in some states does not equate to the committing of a crime. At least nine other states have proposals to legalize and regulate poker on the Internet.

Can You Legally Play Poker for Money on the Internet in the US?

State laws vary. If you live in the state of Washington, playing poker online for money is a felony. In most cases, general state gambling laws make online poker illegal as well. To our knowledge, no one in the United States has been indicted or convicted of a crime related to playing online poker for money so far. This, of course, might change in the blink of an eye. We recommend that you only participate in online poker if it's legal where you live.

PokerNews Staff

Table Of Contents

The United States has been a precarious place for online poker since 2011. Only a handful of states have legalized and regulated the activity, leaving thousands of poker enthusiasts looking for a place to enter real-money online games.

But there are options, even if you don't live in one of the states that offer legal online games. In this article we look at some of those options; be sure to check back as more states pass bills to allow us to play the game we love and don't forget to visit this page about online casinos in the USA if you want to play more games too!

New Jersey – The Place Where Online Dreams are Made

888poker NJ

888poker is one of the most trusted brands in poker, and with over 25 million customers around the world, there’s a reason for it.

888 offers large welcome bonuses and $10 free to get started. Players can also enjoy 888poker on their mobile devices. While players can only play one table at a time, cash games, sit & go tournaments and multi-table tournaments are all offered.

Obviously, the only downside to this U.S. poker site is that traffic is relatively low, because, there are only so many people in New Jersey who play poker.

So get going! Take to 888poker for all the games, bonuses and special offers.

PokerStars

The best poker software around, PokerStars New Jersey is the real deal!

Is online poker for real money legal in the us citizensPlay Nowpartypoker

partypoker has seen a major resurgence, and their New Jersey client is just as great.

Play Now888poker

888poker NJ customers can enjoy playing at the site via their favorite Android or iOS powered mobile device.

Play NowBorgata Poker

Property of the world-famous New Jersey land-based Borgata Hotel Casino & Spa, Borgata Poker is available in New Jersey.

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Borgata Poker

Of all the poker rooms you could choose, BorgataPoker.com is one of the most superb, namely because it’s the official poker site of the famous Borgata Hotel Casino & Spa.

Given its large signup bonus and VIP program, players enjoy a brand that’s trustworthy and secure with a free $20 in pocket.

BorgataPoker.com offers a similar range of games as 888poker but it is also home to FastForward poker, or “fast-fold” poker, meaning you can pick up a new table if you don’t like your hole cards and fold.

WSOP.com NJ

Play for a share of $700 for free; get a 100 percent match up to $400 first deposit bonus; and have all of it be legal!

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With WSOP.com NJ, online poker rooms take a new form with exciting cash games, an awesome tournament schedule and, last but not least, the opportunity to qualify for the World Series of Poker!

Play on your mobile device or take it to the desktop, but either way, this trusted name won’t let you down. Play now!

PokerStars NJ

PokerStars' unrivaled game selection makes it a top play. Considered to be the best regulated online poker site in the U.S., PokerStars NJ is the market leader with excellent customer service, great software and a lucrative VIP scheme.

There’s a reason PokerStars says “We are Poker.” Their software is available on Mac, PC, iOS and Android devices. Their welcome bonuses are the most robust in New Jersey and they run alongside great promotions.

Download PokerStars today to see what you’re missing in this online poker room!

partypoker NJ

Partypoker NJ, an operator since 2001, is a major player in the online poker tournament scene. Play all your favorite games directly from your smart phone: cash games, FastForward poker, sit & go tournaments and other casino game favorites.

While partypoker does not offer multi-table tournaments, don’t let that stop you from enjoying their major signup package or free $25 bonus. This operator regularly offers value-packed promotions, so stop procrastinating and get going at this great U.S. poker site!

Nevada – Vegas, Baby!

WSOP.com NV

WSOP.com is the only online poker site where you can not only win your way into WSOP live events, but also win a WSOP bracelet. Enough said.

With the backing of Caesars Interacting Entertainment the famous World Series of Poker brand, this U.S. poker site finds favor because it offers almost everything: a wide variety of game types and limits, 888poker software, a player pool linked with Delaware, deposit and withdrawal options at live venues and excellent customer service.

And to top it all off, if you sign up to WSOP.com from PokerNews, you can get a 100 percent match up to $400.

WSOP.com NV will make your online poker experience as enjoyable as possible. So take advantage of this state-of-the-art software and have some fun!

So, have no fear! U.S. gaming is here. These online poker sites are just waiting for you.

Anywhere But No Real-Money Element: WSOP's Social Site

You can't play for real money, but you can experience the thrill of poker anywhere in the world by logging onto WSOP's social poker site. You can play no-limit hold'em and omaha, and both ring games and tournaments. Sign up for the World Series of Poker social site via PokerNews.com, and receive 250,000 extra chips!

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