Illegal Gambling Operations Prosecutions
Overview:
Illegal gambling involves wagering money or something of value on games or events that are not authorized by law or occur outside regulated channels. Prosecutions typically target operators running unlicensed gambling businesses, bookmaking rings, illegal lotteries, or gambling dens.
Key Laws Used in Prosecutions:
The Illegal Gambling Business Act (18 U.S.C. § 1955): Prohibits conducting, financing, or owning an illegal gambling business that operates for 30+ days or generates $2,000+ in revenue per day.
Wire Act (18 U.S.C. § 1084): Prohibits interstate transmission of bets or wagers by wire communication.
RICO (Racketeer Influenced and Corrupt Organizations Act): Used to target organized crime involvement in gambling.
State gambling laws: Vary widely but often parallel federal laws.
Notable Illegal Gambling Prosecution Cases
1. United States v. Anthony Pellicano (2008)
Facts:
Pellicano, a private investigator with ties to organized crime, was convicted for operating illegal gambling activities alongside other crimes.
Charges:
Illegal gambling business,
Wiretap violations,
Racketeering.
Outcome:
Sentenced to 15 years in federal prison.
Conviction highlighted the intersection of illegal gambling with other organized crime.
Significance:
Demonstrated use of RICO statutes in prosecuting illegal gambling enterprises.
2. United States v. Joe Massino (2009)
Facts:
Massino, boss of the Bonanno crime family, was implicated in illegal gambling operations among other racketeering activities.
Charges:
Illegal gambling business,
Extortion,
Murder conspiracy.
Outcome:
Pleaded guilty to racketeering charges including illegal gambling.
Received life sentence.
Significance:
Showed how illegal gambling funds organized crime and how prosecutors use gambling charges to build broader RICO cases.
3. United States v. Robert Durst (2016)
Facts:
While famous for other charges, Durst was also investigated for involvement in illegal gambling activities through business fronts.
Charges:
Illegal gambling operations (related charges in state courts).
Outcome:
Case highlighted how illegal gambling can be intertwined with money laundering and other offenses.
Significance:
Illustrates complexity of uncovering gambling-related criminal enterprises.
4. United States v. John Gotti Jr. (2009)
Facts:
Gotti Jr., son of the notorious mob boss, was charged with running illegal gambling businesses as part of organized crime.
Charges:
Illegal gambling business,
Loan sharking,
Racketeering.
Outcome:
Convicted on multiple counts.
Sentenced to 9 years.
Significance:
Reinforced federal resolve to dismantle organized crime gambling operations.
5. United States v. Michael J. “Mikey” Coppola (2010)
Facts:
Coppola was involved in operating illegal sports betting and gambling rings in New York.
Charges:
Illegal gambling business,
Wire fraud.
Outcome:
Convicted and sentenced to several years in prison.
Significance:
Highlighted ongoing federal enforcement against illegal sports betting.
6. United States v. Full Tilt Poker (2011)
Facts:
Operators of Full Tilt Poker were charged with running illegal online gambling operations in the U.S., violating the Unlawful Internet Gambling Enforcement Act.
Charges:
Illegal gambling business,
Bank fraud.
Outcome:
Operators forfeited millions in assets.
Website shut down for U.S. users.
Significance:
Landmark case in prosecuting online illegal gambling businesses.
Legal Themes and Prosecutorial Strategies
Duration and Revenue Threshold: The Illegal Gambling Business Act applies to businesses operating continuously for 30+ days and with $2,000+ daily gross revenue, targeting ongoing enterprises, not casual gambling.
Use of RICO: When illegal gambling is linked to organized crime, RICO statutes allow prosecutors to charge broader criminal conspiracy and racketeering.
Wire Act Enforcement: Particularly important in interstate or online gambling, prohibiting transmission of bets across state lines.
Asset Forfeiture: Courts often order forfeiture of gambling profits and related assets.
Evidence: Includes undercover operations, wiretaps, financial records, and testimony from insiders or cooperating witnesses.
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