The U.S. Second Circuit Court of Appeals has overturned an August acquittal by a New York U.S. District Court of defendant Lawrence DiCristina that had been made because of a finding that “Texas Hold ‘Em” poker was not covered by the Illegal Gambling Business Act.
The lower court had set aside a jury verdict of guilty, so the Court of Appeals has reversed the acquittal and remanded the case to District Court “with instructions to reinstate the jury verdict” because “we find that the plain language of the IGBA covers DiCristina’s poker business.”
“Today’s decision by the 2nd Circuit Court, while unfortunate, only adds to the growing call for federal clarity on the definition of gambling,” said John Pappas, executive director of the Poker Players Alliance. “The 2nd Circuit clearly did not dispute the district court’s finding that poker is a game of skill. This is a key point distinguishing poker from the types of gambling games that Congress and state legislatures have often tried to prohibit. What the court did was conclude that the IGBA does not set forth an independent federal definition of gambling, but instead only incorporates state law.
“Ample academic studies and judicial rulings at the state and federal level have concluded that poker is indeed a game of skill. Period. The PPA will continue to advocate for a clear, federal definition of gambling as a game predominated by chance, thus preserving the right of Americans to play this great game of skill.
More from the ruling:
“The basic facts of this case are not in dispute: between December 2010 and May 2011, DiCristina, along with his co-defendant Stefano Lombardo and others, operated a poker club in the back room of a warehouse in Staten Island, New York, out of which he conducted a legitimate business selling electric bicycles. The poker games, which were generally held twice a week, were advertised by word of mouth and text message.
