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Written by Thomas Jensen
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Tuesday, 03 March 2009
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 Nicholas Bagley, attorney for the US Department of Justice, indicated he will not consent to a request by iMEGA’s legal team to inform the US 3rd Circuit Court of Appeals about blocked Internet sales of state lottery tickets by credit card companies. Visa and MasterCard changed the coding for online purchase of lottery tickets to the same code applied to other forms of Internet gambling , such as poker and sports wagering, despite lotteries being granted an exemption under the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA).
The change has led to potentially millions in lost sales for the New Hampshire and North Dakota state lotteries, which may lead to reductions in funding for state government programs, like public education. Internet subscriptions account for 24% of all sales for the New Hampshire state lottery.
“Credit card companies are finding out when their customers sign up for the online subscription service that it is a lottery and coding their transactions as betting,” said Donna Thronson, director of communications for the North Dakota Lottery, in an interview with iGaming News.
iMEGA, in its court challenge to UIGEA (iMEGA v. Keisler), had asked that information on the blocking of the Internet lottery purchases be submitted to the Federal appeals court, as evidence the law was leading to “overblocking” of transactions permitted by the new law. The Justice Department rejected the request, saying the supplemental information was “inappropriate absent unusual circumstances,” according to the letter received by iMEGA’s legal team.
“The Justice Department doesn’t think that there is anything ‘unusual’ about credit card companies blocking purchases that are clearly allowed by the very law they’re trying to defend?” asked Joe Brennan Jr., iMEGA’s chairman. “The New Hampshire lottery is losing a quarter of its sales even though they’re supposed to be protected by this law. I’m not a lawyer, but that seems like ‘unusual circumstances’ to me.”
“The fact is, we have a right to have this information added to the record,” said Brennan. “Since the last brief was submitted to the court (on November 14, 2008), the final regulations for UIGEA were published and have gone into effect, and as a result, state lotteries - which are exempt from the law - have been affected. The Court should, and would, want to consider this.”
Since US DoJ would not give consent, iMEGA’s legal team immediately prepared a formal motion to ask the Court’s permission to add the new information to the record. The motion is expected to be filed within 48 hours.
“I’m not surprised the DoJ does not want the Court to have this information,” Brennan said. “It’s proof of what iMEGA has said from the beginning: this law (UIGEA) is so vague the banks and credit card companies would wind up blocking every gaming transaction - even exempted ones - rather than risk violating the law. It’s no longer just a theory. It’s a fact.” |
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Written by Thomas Jensen
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Friday, 23 January 2009
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 BookMaker.com announced the launch of BookMaker BetPoints, a new loyalty program designed to reward both recreational bettors and high rollers alike. At each of three different status levels, BookMaker.com players will receive a unique package of loyalty benefits, and will now have the ability to earn points on sports, casino and poker action and redeem those points for no-rollover cash bonuses among many other rewards.
"Our new BetPoints loyalty program is another example of our commitment to delivering the highest-quality gaming experience and the best value for bettors on the Internet," said Mickey Richardson, CEO of BookMaker.com. "What we set out to accomplish was to give all of our players, no matter how big or how small, the best rewards and benefits in the gaming industry today."
The new BookMaker.com BetPoints program has three different status levels, and players accumulate BetPoints based on their status level, the type of gaming they do and the type of wager they make. Each status level has a unique structure for earning points, freeplay bonuses for reloads, and free payout offers, and also for redeeming points for rewards such as frequent flyer miles, gift cards, sweepstakes and merchandise. Players can also redeem their BetPoints for no-rollover cash bonuses. Horse bettors receive up to 8% cash back on their wagers instantly.
"It doesn't matter if you bet on sports or horses, or if you play casino games or poker - you will now be able to earn cash-back on your action when you play at BookMaker.com," said Richardson. "I think players will enjoy the new BetPoints loyalty program - we really tried to make it into something that everyone will want to use, and we made it so that you earn BetPoints on almost everything we offer."
BookMaker.com has been in business for over 22 years and has built a reputation among sports betting enthusiast as one of the most established and respected gaming companies in the world. Featured in national media outlets such as The New York Times, The Washington Times, CNBC, and more, BookMaker.com is renowned as "where the line originates". |
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Written by Thomas Jensen
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Tuesday, 20 January 2009
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 The online gambling news website Gambling911.com broke news earlier today that the Kentucky Appeals Court ruled on behalf of online trade association iMEGA against the forfeiture action of 141 internet gambling domain names sought by Gov. Stephen Beshear to protect the state of Kentucky's gambling industry from online gambling websites. The Kentucky Court of Appeals issued a ruling today prohibiting the seizure of 141 Internet domain names by the state.
In a 2-to-1 majority opinion, the court ruled for the Interactive Media Entertainment and Gaming Association (iMEGA) in its suit against Judge Thomas D. Wingate (No. 2008-CA-002000-OA), by blocking the seizure orders issued by the Franklin (KY) circuit court judge for the domain names, all related to Internet gambling (Commonwealth of Kentucky, Franklin Circuit Court, Division II, 08-CI-1409).
Judge Michelle M. Keller, in her majority opinion, found that Internet domain names for online gambling Web sites were not illegal "gambling devices" by Kentucky law, as had been claimed by attorneys representing the Commonwealth, in their attempt to seize control of the names from their owners. Judge Keller stated that while the Kentucky legislature could have chosen to include Internet domain names in its gambling devices law, it had not, therefore the Commonwealth could not rightfully proceed with its forfeiture action.
"[I]t stretches credulity to conclude that a series of numbers, or Internet address, can be said to constitute a "machine or any mechanical or other device...designed and manufactured primarily for use in connection with gambling," Judge Keller wrote. "We are thus convinced that the trial court clearly erred in concluding that the domain names can be construed to be gambling devices."
Judge Jeff S. Taylor, also writing for the majority, added that the Commonwealth could not seek a civil forfeiture based on a criminal statute when there had been no criminal proceeding. Since there had been no criminal proceeding or conviction against any of the Internet domain name owners, the Commonwealth could not take control of their property.
Judge Micheal Caperton, in his dissenting opinion, wrote that the Internet domain names were one part of a larger mechanism for gambling, which included computers and Internet service, and thus, in his opinion, met the definition of a "gambling device" under Kentucky law.
"This decision confirms why we went the way we did with suit ," said Jon L. Fleischaker, attorney for iMEGA and managing partner at Dinsmore & Shohl in Louisville, KY. "We knew when we brought this to the Court of Appeals, that we would get justice for iMEGA and the domain names in Kentucky."
Fleischaker had argued in a December 12, 2008 hear before the Court of Appeals that the Internet domain names were no more than "billboards" for the Web sites, and not mechanisms for gambling. Fleischaker had also argued that the Commonwealth's attorneys could not try to fashion a civil law remedy with a criminal statue to justify the seizure of the domain names.
"We are very happy with the court's ruling today," said Joe Brennan Jr., chairman of iMEGA, an Internet trade association in Washington, DC. "The judges clearly agreed with our interpretation of the law, and thankfully, this reverses what would have been a terrible precedent for our country and the Internet."
The Court in its decision declined to review additional arguments submitted by the Interactive Gaming Council (IGC) and attorneys representing Sportsbook.com, also seeking to have the domain name seizures blocked.
The Interactive Media Entertainment & Gaming Association (iMEGA) is a not-for-profit corporation headquartered in Washington DC. iMEGA was founded in 2007 as an association dedicated to the continued growth and innovation of the Internet. iMEGA seeks constructive engagement with government at the Federal and State levels to ensure the challenges of this nascent medium are addressed with the full participation of people and companies that have built the Internet into a powerful influence on society. |
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Written by Thomas Jensen
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Monday, 12 January 2009
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 PayNoRake.com continues to live up to its slogan “The Game Has Changed”, as it announces an unprecedented new offering, open to all affiliates. “The Race to $10,000” is a prize pool offered by PayNoRake to reward its most successful partners in the PayNoRake.com online poker affiliate program .
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The recent events going down over at CAP remind me of a never ending episode of the popular cartoon Tom and Jerry. The antics are starting to catch up with the brand as online gaming affiliate Wager Profits yanks the PAP (PokerAffiliatePrograms.com) and CAP (CasinoAffiliatePrograms.com) certifications from all their websites.