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California Tribes Reach Consensus on Online Poker Bill

 Online poker in California may have taken one step closer to legalization Tuesday thanks to an agreement by 13 tribes on language to be included in pending legislation.

In a letter published by OnlinePokerReport.com to CA State Senator Lou Correa and Assemblyman Reginald Jones-Sawyer, the tribes stated that “In achieving consensus for Internet poker, we reaffirm our commitment to the longstanding principle of limited gaming that has guided California’s public policy toward gaming.”
“As importantly, we recommit ourselves to realizing legislation that protects children and the vulnerable, creates jobs for Californians, provides additional revenues for state services, and safeguards consumers and the vulnerable from dishonest and unsuitable operators.”
 
Bad Actors Clause Would Lock Out PokerStars
The bill contains language that specifically prohibits those people and/or assets that were involved in offering real money online wagers to persons within the US after December 31, 2006 from entering the California online poker market.
This language would prohibit PokerStars from becoming a player in the California market.
The Morongo Band of Mission Indians—which entered into an agreement with PokerStars, Commerce Club, the Hawaiian Gardens Casino and the Bicycle Casino—did not offer its endorsement of the draft bill.
Robert Martin, Chairman of the Morongo Band of Mission Indians, indicated that the tribe would oppose any bill which excluded PokerStars, and that he believed it was the regulator’s job to determine suitability.
In a statement obtained by the LA Times, the Morongo Coalition said: “Efforts by a select few interests to rewrite longstanding and effective policy in order to gain a competitive market advantage or to lock out specific companies is not in the best interests of consumers or the state and will be vigorously opposed by our coalition, online poker players and many others.”
 
Draft Bill Highlights
Players that patronize unlicensed poker sites from California could be charged with a misdemeanor offense.
According to the letter, regulations to legalize online poker in the state would be adopted in six months’ time.
There would be a one-time licensing fee of $5 million collected from all operators that are approved to conduct online poker games in the state, which would be credited towards operators’ Gross Generated Revenue (GGR) tax contributions.
A tax rate of 5% of GGR would be imposed and earmarked for the state’s General Fund. An additional “regulatory fee”—yet to be determined—would be assessed by the California Gambling Control Commission and be deposited in the Internet Poker Fund to cover “the reasonable costs of license oversight, consumer protection, state regulation, problem gambling programs.”
Licenses would be valid for 10 years with automatic ten year renewals.
Only poker games would be allowed under the bill, with the minimum legal age to participate in real money wagering set at 21.
Although the agreement of more than a dozen California tribes signals progress on the issue, there is still likely to be heated debate on the bill due to its “bad actors” language.
 
Author: Ekaterina
05 . 06 . 2014 y.
Lee Childs Wins Historic Court Case Between Backer and Stakee

 The poker world is filled with agreements (some contractual and some not) between professional poker players and investors who back them. However, there has been little to no precedent for how the chips will fall from a legal perspective when the parties involved enter into a formal dispute.

That is, up until now.
A recent ruling handed down by a six-person jury in a New Jersey Superior Court found that Lee Childs (the defendant in the case) was not financially liable for a breach of contract between him and financier Lynne Mitchnick.
The dispute began in 2012 when the contract agreement was terminated by the Plaintiff with an accompanying demand for payment of approximately $40,000 in poker playing make-up.
David Zeitlin, who represented Childs in the case, wrote a lengthy summary of the events leading up to the court case as well as a recap of the eventual ruling.
Although the jury found that Childs was indeed in breach of the backer-player contract—which mostly consisted of failure to timely execute administrative tasks— none of those breaches were deemed to be material in nature.
The jury also ruled that certain clauses in the contract were unreasonable: such as Child’s obligation to provide a live tournament schedule to his backer six months in advance and to “always play to the best of [his] ability.”
Zeitlin called the suit brought forth by the Plaintiff “BS”—stating that he was personally and professionally motivated to assist Childs because of his desire to reconnect with the poker world.
“I found the lawsuit distasteful in that, in my opinion, it violated an unstated rule that gambling disputes be handled in house, within the gambling world,” Zeitlin wrote in the opinion-based summary.
According to Zeitlin, the most interesting legal question was not brought before the jury.
“It concerned the Plaintiff’s attempt to enforce payment of makeup as contractual damages…my view is that “makeup as contractual damages” is generally unenforceable, and that only a very carefully crafted staking agreement can validate such a provision,” Child’s lawyer opined.
The case will likely be studied in depth by poker financiers and poker players alike in order to decipher the legal obligations that revolve around staking agreements.
Author: Ekaterina
04 . 06 . 2014 y.
Pennslyvania Online Gaming Hearing Presents Mixed Views

 Online gaming was one of the hot topics in a hearing held on Tuesday to discuss the state of gaming in the state of Pennsylvania.

Legislators in both the House and the Senate have announced that they plan on introducing a bill that would legalize online poker in Pennsylvania in the coming weeks.
William Ryan, Chairman of The Pennsylvania Gaming Control Board, warned that legislators should be cautious when it comes to revenue expectations, citing New Jersey and its inability to generate the big dollars projected in tax revenue.
Ryan also testified that the implementation of igaming in Pennsylvania would take time and should not be rushed. He estimated that it would take a year before the state would be ready to launch.
 
Revenue Projections
State revenue projections from Econsult Solutions were presented, showing $68 million in tax revenue for the state in the first year and $110 million in subsequent years.
Initial licensing fees—currently proposed at $5 million per applicant—were not included in the projections that assumed a take rate of 20% on poker and 60% on casino games.
 
Operators Differ in Opinion
Most operators were united in their wishes to be the “sole licensees” for online gaming and warn that too high a tax rate could be detrimental to the success of online gaming and the projected tax revenues the state hopes to receive.
However, Wendy Hamilton, General Manager at Sugar House Casino, advocated that the state should “proceed with caution” when considering online gaming. Hamilton suggested waiting a year to further observe the states that have already regulated online gaming.
 
Complimentary or Cannibalizing
Hamilton also indicated that she was not convinced that online gaming would not cannibalize her land-based casino business, stating that there are no facts to determine if it would be helpful or harmful.
Michael Cohen, Senior Vice President at Caesars Acquisition Company, argued that online gaming does not cannibalize land-based casino business. He testified that 91% of Caesars online poker players in New Jersey are new players.
Cohen even made the case that Pennsylvania should push forward with online gaming and then enact a long implementation period so as to allow law makers to achieve a certain level of comfort with the technology and still avoid a possible federal ban on the activity.
 
Opposition
Legislators questioned the industry’s ability to utilize technology to determine a player’s true identity. Preventing children from access an adult’s account was a talking point for opponents.
As expected, Andrew Abboud, Senior Vice President for Government Relations and Community Development at Las Vegas Sands Corp., attempted to make an argument against online gaming. He seemed to pick up on the fears of some that the online product would cannibalize the land-based products, as he hinted at the same.
Overall there is interest on both sides of the online gaming issue in Pennsylvania, but the line is not drawn between operators and regulators. Instead, it appears there are opponents and proponents in the legislature as well as in the industry—a situation that does not bode well for those hoping to see online gaming in Pennsylvania soon.
Author: Ekaterina
04 . 06 . 2014 y.
PokerNews Flagged for Distribution of Malware

 PokerNews.com has been identified by Google as containing malware.

The Google Chrome web browser began blocking access to parts of the site and warned users that visiting the site would “very likely” result in their computer becoming infected with malware.
A thread created Sunday on the TwoPlusTwo forums notified the community of dangerous links contained on the PokerNews.com website.
Forum member “kratos” posted a link to a Google Safe Browsing diagnostic page Sunday afternoon which indicates that although the PokerNews site is not currently listed as suspicious, it has been listed as such 15 times over the past three months.
“Of the 1352 pages we tested on the site over the past 90 days, 135 page(s) resulted in malicious software being downloaded and installed without user consent,” according to the diagnostic page.
“The last time Google visited this site was on 2014-06-01, and the last time suspicious content was found on this site was on 2014-06-01.”
According to Google, the malicious software detected includes 43 exploit(s) and 4 trojan(s). “Successful infection resulted in an average of 4 new process(es) on the target machine.”
 
PokerNews Response
On Monday at 7:00am Eastern Standard Time, PokerNews CTO Justinas Becius addressed the community’s concerns regarding the bad links.
“On Saturday one user started posting comments which at the time looked like comments with embedded pictures. Our security software failed to flag them as suspicious because they were not distributing malware or redirecting to domains that do,” said Becius.
“Yesterday content of those comments started distributing malware, we’re still working on identifying what the malware does. Last night 01:00 AM GMT the malware was removed and work was started to fix parts of the system which allowed the injection. You may still see warnings because it takes some time for URL to be removed from blacklists.”
Becius assured forum members that security is a top priority for the website and apologized for any inconvenience.
To prevent future security issues on the site, Becius posted that “we’re tightening permissions for new accounts, introducing additional restrictions for users who often change locations and adding additional checks for content that is posted on the site.”
 
Spyware & Malware Removal
The TwoPlusTwo thread contains two links (provided by “afgarb187”) that are helpful in removing spyware and malware from an infected computer: Malwarebytes and Spybot.
The poster also included links to YouTube tutorial videos on how to download and install the software in order to scan for and remove corrupted files from an infected PC.
Author: Ekaterina
03 . 06 . 2014 y.
Companion Online Poker Bill to Be Introduced in Pennsylvania House

 In the coming weeks, Representative Nicholas Miccarelli (R-Delaware) will introduce a bill to regulate online poker in the state of Pennsylvania.

Miccarelli’ announcement marks the second such in as many weeks as Pennsylvania State Senator Edwin Erickson (R-Chester) released a similar message indicating that he would also introduce a bill to regulate online poker late last week.
The memorandums posted on the Pennsylvania Legislation web site announcing the legislators’ intentions are nearly identical prompting many to believe the efforts are coordinated and will result in companion bills being introduced in each house of the legislature.
A draft of Erickson’s bill was released and is available on OnlinePokerReport.com.
The released version includes a bad actor clause that would prevent both people and assets involved in offering unauthorized wagers to persons within the US after December 31, 2006.
In addition to criminal penalties for those that offer online gaming without a license, players that engage in unlicensed igaming will have their proceeds of that gaming subject to forfeiture and donated to the Compulsive and Problem Gambling Treatment Fund.
Taxes proposed on igaming are 14% of Gross Gaming Revenue.
The player fund protection provision aims to shelter players from the risk of “corporate insolvency, financial risk or criminal or civil actions against the licensee” by requiring playing funds to be segregated from the funds of the licensees.
A hearing by the Pennsylvania Senate Community, Economic and Recreational Development Committee (CERD) discussing the findings of an online gaming study commissioned by the Legislative Budget and Finance Committee is currently underway and is expected to last most of the day.
Author: Ekaterina
03 . 06 . 2014 y.
New Online Poker Bill to be Introduced in Pennsylvania

 Late last week, Republican Pennsylvania State Senator Edwin Erickson (R-Chester) announced plans to introduce new legislation that would legalize online poker exclusively.

Citing a recent study published by the state’s Legislative Budget and Finance Committee that outlines how igaming could benefit Pennsylvania, Erickson noted that a regulated online poker environment in the state would result in “more revenue to assist in the reduction of real estate taxes.”
Erickson’s pending Senate Bill 1386 would tax all gross internet gaming revenue at 14%, and would allow only licensed operators to conduct online poker games in Pennsylvania.
SB 1386 would charge a one-time licensing fee of $5 million per operator while including a Bad Actor clause to exclude those that violated the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006.
Erickson penned a memo last Thursday to fellow state senate members distinguishing poker from traditional casino games. “Poker is unlike banking games in many respects that make it best for the introduction of interactive gaming,” Senator Erickson stated.
He added that “poker operators are not participants in the games and are indifferent as to the outcome. Additionally, many Pennsylvania residents participate in illegal and unregulated poker sites.”
“Establishing a strong regulatory framework under the Gaming Control Board will assist in shutting down these illegal sites and enhance consumer protection for our gaming residents.”
Erickson’s bill will be the second attempt to pass online gaming regulation in Pennsylvania in as many years. State Representative Tina Davis (D-Bucks County) introduced House Bill 1235 last April, but the measure failed to gain the required traction.
An online gambling hearing—slated for 9:30am Eastern Standard Time on Tuesday to discuss the finding of the igaming study—could reveal the chances of online gaming being adopted in Pennsylvania this year.
Author: Ekaterina
02 . 06 . 2014 y.
PokerNews Flagged for Distribution of Malware

 PokerNews.com has been identified by Google as containing malware.

The Google Chrome web browser began blocking access to parts of the site and warned users that visiting the site would “very likely” result in their computer becoming infected with malware.
A thread created Sunday on the TwoPlusTwo forums notified the community of dangerous links contained on the PokerNews.com website.
Forum member “kratos” posted a link to a Google Safe Browsing diagnostic page Sunday afternoon which indicates that although the PokerNews site is not currently listed as suspicious, it has been listed as such 15 times over the past three months.
“Of the 1352 pages we tested on the site over the past 90 days, 135 page(s) resulted in malicious software being downloaded and installed without user consent,” according to the diagnostic page.
“The last time Google visited this site was on 2014-06-01, and the last time suspicious content was found on this site was on 2014-06-01.”
According to Google, the malicious software detected includes 43 exploit(s) and 4 trojan(s). “Successful infection resulted in an average of 4 new process(es) on the target machine.”
 
PokerNews Response
On Monday at 7:00am Eastern Standard Time, PokerNews CTO Justinas Becius addressed the community’s concerns regarding the bad links.
“On Saturday one user started posting comments which at the time looked like comments with embedded pictures. Our security software failed to flag them as suspicious because they were not distributing malware or redirecting to domains that do,” said Becius.
“Yesterday content of those comments started distributing malware, we’re still working on identifying what the malware does. Last night 01:00 AM GMT the malware was removed and work was started to fix parts of the system which allowed the injection. You may still see warnings because it takes some time for URL to be removed from blacklists.”
Becius assured forum members that security is a top priority for the website and apologized for any inconvenience.
To prevent future security issues on the site, Becius posted that “we’re tightening permissions for new accounts, introducing additional restrictions for users who often change locations and adding additional checks for content that is posted on the site.”
 
Spyware & Malware Removal
The TwoPlusTwo thread contains two links (provided by “afgarb187”) that are helpful in removing spyware and malware from an infected computer: Malwarebytes and Spybot.
The poster also included links to YouTube tutorial videos on how to download and install the software in order to scan for and remove corrupted files from an infected PC.
 
Author: Ekaterina
02 . 06 . 2014 y.
Delaware Online Poker Revenue Falls 12.2% in April

 The latest figures released by the Delaware Lottery point toward a seasonal downward trend in online poker revenue.

For the month of April, online poker net income in the state fell 12.2%, from $84,392 in March to $74,078.
Delaware online poker proceeds for April, generated from three regulated “racinos,” were 35 times less than those of New Jersey ($2.59 million), despite having a tenth of the population.
Delaware Park extended its online poker market share over its two competitors from 65% to 69% last month. By comparison, Harrington lost nearly half of its share (from 9% to 5%), while Dover Downs remained relatively flat at 26%.
All three share the same online poker player pool and use 888poker’s software platform.
Table Games Thrive
Wagering on table games once again performed well, jumping 14.5% up $5.45 million, the third consecutive month of revenue gains.
Thanks to these gains, total monthly online gaming revenues have reached a record high—up to $240,496.
However, new signups for igaming accounts on licensed sites in Delaware declined for the fifth straight month, down 36.6% from 640 to 406.
There were a total of 2,654 new signups during the first full month of legalized online gaming (November 2013) in the state, meaning new monthly accounts have plummeted 84.7% over a period of six months.
 
Author: Ekaterina
30 . 05 . 2014 y.
New Federal Draft Bill Carves Out Poker, Amends Wire Act and UIGEA

 A new draft bill titled “Internet Gambling Prohibition and Control Act of 2014” is circulating on Capitol Hill, according to a report by Nevada political analyst Jon Ralston.

The unofficial proposed legislation would make certain formats of online gambling illegal, including online casino games. An exception for online poker that is lawful under state and tribal law is included.
“Clarification” of the 1961 Wire Act by the draft would negate the stance by the US Department of Justice that only “sporting events” are banned.
In addition, the draft seeks to strengthen the Unlawful Internet gambling Enforcement Act (UIGEA).
Other gambling activities that would receive an exemption include horse racing and lotteries. The draft does not explicitly refer to fantasy sports and it is unclear at this time if the existing exemption provided under UIGEA would be eliminated.
US Senator Dean Heller (R-NV) stated in February that he was working with Senate Majority Leader Harry Reid (D-NV) and expected to introduce a federal bill banning online gaming, but unlike the federal bills introduced earlier this year by Senator Lindsey Graham (R-SC) and Representative Jason Chaffetz (R-UT), heller’s bill would provide a carve out for online poker.
The American Gaming Association recently revealed that it had withdrawn its support for the push to legalizing online gambling. Citing a split on the issue between its members, AGA Chief Executive Geoff Freeman stated that “one of the things I’ve learned in this industry is we are extraordinarily competent at shooting at one another.”
 
Author: Ekaterina
30 . 05 . 2014 y.
partypoker Adds Sit and Gos to its Android Mobile App

 partypoker’s Android mobile app has now been upgraded to include Sit and Go tournaments. The iOS version will get the upgrade later this spring.

All partypoker Sit and Go tournaments are now available through the app, with the exception of satellite tournaments.
The app includes an icon-based filter similar to the main poker client lobby. The filter can be set by number of players, buy in and tournament structure.
Recreational players can get playing quickly using the quick play feature. Lost connection problems are catered for with a routine that automatically re-opens any tournaments as soon as the app is re-launched.
The look and feel closely reflects the desktop poker client, but action buttons are larger and designed to be easy to use on touch screen devices.
The app already supports cash games and party’s “Fast Forward” fast-fold poker tables.
Mobile apps were launched in tandum with new desktop clients when a major platform upgrade with “profound changes” rolled out across the dot-com site in September 2013.
Along with new software features, all-new branding including new typography and a new logo debuted.
partypoker’s priorities then switched to making a success of its US launch. The Android app debuted in the regulated New Jersey market in February. These SNG additions be expected to go live in New Jersey once approved by regulators.
This week’s migration of French players to the new poker client suggests that the partypoker IT team have had a busy few months and, given that the groups’ Head of Poker believes 30% of play will soon be on mobile}, very development to the platform can be expected.
 
Author: Ekaterina
30 . 05 . 2014 y.
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