Pushing for the Federal regulation of online poker in the United States is FairPlayUSA. The organization features an eclectic set of advisors, among them former FBI Director Judge Louis Freeh (pictured). The fifth Director of the FBI, Freeh has also served as an Assistant United States Attorney and is now the Founder and Senior Managing Partner of Freeh, Sporkin, and Sullivan. PocketFives sat down with Freeh to get his take on the current status of online poker in the United States.

PocketFives: Why did you decide to join the Board of Advisors of FairPlayUSA?

Judge Louis Freeh: It was the law enforcement piece that interested me from the start. I have long been aware of the problems associated with illegal gambling, going back to my earliest days in the FBI when I was assigned organized crime cases in the FBI’s New York City Field Office. I saw how what seemed like a little innocuous gambling was actually generating millions for organized crime and leading to a host of other crimes along the way, including money laundering, murder, and other violent crimes.

The advent of illegal online gambling is only the latest manifestation and so getting involved to try to raise awareness of this issue with the American public was actually an extension of what I had been doing for more than 30 years in criminal prosecutions.

PocketFives: Talk about the Department of Justice’s crackdown on online poker sites on Black Friday. Based on your past experience, was that somewhat surprising?

Judge Louis Freeh: I obviously have no knowledge of the facts of the case, so I can’t really comment on the U.S. Department of Justice’s actions specifically. As for my reaction, I know firsthand that ambiguity in current online gambling law is putting American poker players at risk.

I’ve said before that the current atmosphere of online gambling, especially online poker, is dominated by shady offshore operators. I think that changes in the law can better protect consumers and still allow Americans to safely – and legally – play online poker.

PocketFives: Talk about the DOJ’s enforcement of the Wire Act. Could an online poker-related suit withstand a Wire Act challenge given the recent clarification of the law?

Judge Louis Freeh: I wouldn’t want to forecast how a court could rule, but the DOJ’s recent opinion really underscored the need for Federal regulation. It seems clear that unlicensed and unregulated sites will now proliferate more than ever without safeguards against fraud, underage gambling, and money laundering. We will also have multiple states without consistent regulatory standards for an activity that takes place electronically across state lines.

In my own experience, I don’t think that states possess the necessary law enforcement tools to enact these regulatory requirements in a borderless internet. Only strict and comprehensive Federal regulation will ensure that play is safe, secure, and confined to players among jurisdictions that permit the practice.

PocketFives: Do you see pro-online poker legislationadvancing on a Federal level in 2012, an election year? Is it possible to move controversial legislation like online poker in an election year in general?

Judge Louis Freeh: I’d hesitate to speculate about future legislation. I’ll leave the timing of any legislative action up to members of Congress, but I do think the issue continues to grow in importance and the increasing number of hearings on Capitol Hill late last year shows that there is increasing interest in Congress to learn more. That’s what we at FairPlayUSA are trying to do by raising awareness in the public.

PocketFives: Assess the DOJ’s claims that Full Tilt operated as a Ponzi schemeunder the leadership of men like Ray Bitar (pictured).

PocketFives: Again, I don’t know the specifics of the case, so I wouldn’t want to comment on it. As I said before, the law includes ambiguities that create opportunities for offshore operators to operate in an opaque manner outside of the effective reach of U.S. law enforcement and Americans are continuing to pay the price for that. With better tools for law enforcement and a better regulatory regime for online poker, I believe we could create a much more transparent and safer environment for Americans who choose to play.

PocketFives: How does your FBI experience help FairPlayUSA advance online poker legislation?

Judge Louis Freeh: As I mentioned, I have been working on illegal gambling issues since my earliest work with the FBI in New York in 1975. So, I have seen the issue and its evolution from almost every angle since then – first in the FBI, then as a Federal prosecutor, later as a Federal district court judge, and even in now private practice.

Also, having served as FBI Director, I am very aware of the limitations that often exist for Federal law enforcement, and there are far too many of them in the case of fighting illegal online gambling. So, for the purpose of FairPlayUSA where our mission is to raise awareness of these issues in the public sector, I think my experience can be very helpful.

PocketFives: Do you support intrastate online poker?

PocketFives: As I said before, I’m concerned that, without Federal legislation, you would see a scenario where you have multiple states without consistent regulatory standards for an activity that takes place electronically across state lines. States simply don’t have the law enforcement tools to effectively enact the required regulatory requirements in a borderless internet.

PocketFives: Talk about some of the other FairPlayUSA advisors.

Judge Louis Freeh: It’s a group of very smart and experienced leaders, people I have a lot of respect for. For example, Governor Tom Ridge brings a great understanding of both the technologies involved as well as the state-specific issues that some of your questions addressed. Moreover, Parry Aftab is one of the country’s most well known children’s advocates and has extensive experience on internet safety and online gaming issues. So, it’s really an excellent group of people to work with on a very important issue.