It has been a very busy Monday in the poker community. One of the latest headlines to come down was word that the US Supreme Court declined to take the case of Lawrence DiCristina, who was charged with operating a poker game that was allegedly in violation of the Illegal Gambling Business Act. The Supreme Court discussed whether to take the case last Friday.

Poker Players Alliance Executive Director John Pappas commented in a press release, “It is deeply unfortunate that yet another antiquated Federal law targeting an unrelated problem is being applied to poker games, thus subjecting average American poker players to felony charges. While neither the Second Circuit nor the Supreme Court made any sort of ruling regarding poker as a game of skill, which is a good sign, today’s Supreme Court announcement is a clarion call to overhaul our Federal gaming laws. The first priority item must be a clear definition of gambling that provides fair notice to the millions of Americans who play games of skill like poker each and every day.”

According to a Bloomberg articlefrom Monday, the DiCristina case could extend far beyond poker: “Under the ruling, ‘players involved in organizing or running games with even moderate stakes may be unwittingly committing Federal felonies,’ DiCristina’s appeal argued. Bridge and Scrabble players backed the appeal, saying their own pastimes now face questions as well.” However, the Appeals Court ruling noted that “friendly” games of poker were permitted.

DiCristina and the PPA argued that because poker is a game of skill, it should not be treated as gambling under the Illegal Gambling Business Act. Pappas explained, “Over the past few years, numerous judicial rulings and academic studies have concluded that poker is clearly a game of skill. We believe that this is clear evidence that poker should not be considered unlawful gambling under most state or Federal laws.”

According to Bloomberg, “organizing a poker game for profit” is not legal in New York, where DiCristina’s game took place. The gatherings in question took place in 2010 and 2011 on Staten Island and, as detailed by the same news source, “Total wagers amount to tens of thousands of dollars a night. DiCristina collected 5% of the pot, with some of that money going to the dealer.” He faces one year of probation.

The chances of the US Supreme Court hearing DiCristina’s case in the first place seemed to be slim. The Supreme Court’s website notes that the highest judicial body in the United States receives about 10,000 petitions for cases annually, but only hears oral arguments in 75 to 80.

We’ll keep you posted on the latest poker legislation news right here on PocketFives.

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