“Protect the public by ensuring that gambling is legal and

honest”

Washington State Gambling Commission

NAGRAKansas City, Missouri

June 2007

Current Approach to I-gambling EnforcementFederal

– Illegal under 18 United States Code• 1084 – Transmitting Gambling Information• 1952 – Travel Act (Racketeering)• 1955 – Internet Gambling Business (Racketeering)

– IRS and the FBI– Enforcement Issues:

• Availability of manpower• Primary enforcement actions are Homeland Security,

Terrorism and Narcotics Interdiction

Co-operation• US Attorneys from New York, New Jersey, Missouri,

and Washington DC Organized Crime and Racketeering Section

• Interest in Washington State with preparations underway for presentation of cases for Federal Enforcement

• Primary State Enforcement being done by Washington State Gambling Commission, Louisiana State Police, Montana Department of Justice, New Jersey State Police, Florida Department of Law Enforcement

• Cooperation with Colorado, Oregon, California, Nevada, New York, Arizona

Informal Task Force

• Task Force format for information sharing

• LEIU Standards apply (28 CFR part 23)

• Enforcement, Legislative/Regulation, and Education

• Multi-State, Federal, and International partners

• Cooperative cases

Prohibition against I-gaming in Washington State• Gambling Information, Transmitting or

Receiving RCW 9.46.240 – Class C Felony– Enacted 6/2006 with internet included clarifying the

law

• Professional Gambling in the First Degree RCW 9.46.220 – Class B Felony

• Professional Gambling in the Second Degree RCW 9.46.211 – Class C Felony

• Criminal Profiteering Act RCW 9A.82• Money Laundering RCW 9A.83

Other States with Prohibition Against Internet Gambling• Laws specifically addressing the internet

– Oregon, Louisiana, Utah, Hawaii, Illinois, Indiana, Massachusetts, Nevada, South Dakota, New Jersey, and Montana.

• Declared illegal by the State Attorney General in – Texas, Florida, Oklahoma, Minnesotta,

Kansas

Investigations

• Who, What, Where, When, How

• Cooperative Investigative plan

• Technical tools

• Limits - VSP

• Skill requirements– Seasoned Investigators with knowledge of a

variety of techniques

• Administrative commitment

Dynamics

• Federal– Broad coverage laws

with linkage– Severe sentences

– Selective Enforcement

– Establish minimum Standards for LE

– Political Appeal

• State– Specific and Narrow

focus laws– Moderate to severe

sentences– Necessary to maintain

order of State– State Courts can be

overruled by Federal Courts

Dormant Commerce Clause

• Regulates commerce among the States• Does State internet statute discriminate

– Pike Test – excessive burden in relation to benefit– Other regulations might have lesser impact

• Internet Gambling – no current cases effecting clause

• Washington State Commercial Electronic Mail Act (Spam) - found not to violate Pike Test

Potential Future ApproachesCooperation with Jurisdictions Outside the US• Broadening of the investigative field with

Concentration on Vital Service Providers• Cooperation is currently in progress• Mutual Legal Assistance Treaties• Associated Crimes as opposed to United

States Code Violations of Gambling• Dynamics between State and Federal law

and International Law - FATF

Presented by Washington State Gambling Commission

• Special Agent Supervisor Richard Herrington

• PO Box 42400Lacey, WA 98504-2400

• Criminal Intelligence Unit• Telephone: 360-486-3590

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