How Virginia Authorities Define Internet Gambling

February 15, 2009 | News Category: Gaming Law

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The United States chose not to take the route of legislating and regulating online gambling. They simply tried to ban Internet gambling by introducing the UIGEA (Unlawful Internet Gambling Enforcement Act) laws. The UIGEA has confused lawmakers and gamblers alike.

Legal authorities around the United States are often confused as to what constitutes legal and/or illegal gambling. The authorities are somewhat unclear as to whether there are laws to enforce, or not, for both land-based and online gambling. Without a clear definition of what exactly constitutes illegal Internet gambling is causing some strange behavior and unjustified property seizures from law enforcers.

This week, it seems that some mistaken law enforcers in Virginia made the decision that if computers were present in a room in which gambling was taking place, then it is considered online gambling. It seems that Virginia's legal scholars use the equation that wagering plus computers in the same place equals illegal Internet gambling. A spokesperson for the police who participated in the raid on what they defined as an "Internet casino" claimed that "Internet gambling games are legal in some states, but not Virginia."

Henry County Sheriff's Office police officers raided four locations that are known as Internet cafes. Each of these Internet cafes allowed their customers to change money for tokens. The tokens could then be used to play games at machines instead of actual wagering. Tokens were then returned to the Internet cafe staff, who would change them back into cash for the patrons.

Henry County Sheriff's Office police seized 66 computers in the raid, and an additional $3,000 in cash, and various other office equipment that they deemed to be evidence. Spokesperson, Scott Coleman, said that no arrests were made at the time because the investigation if still ongoing.

The police authorities were asked why they thought that the Internet cafe businesses were involved with online gambling, as it was clear that money was converted was used to buy tokens (not used in Internet gambling), and then converted back to money, and paid out, on the same premises in which the games were played.

Chuck Rable, a Martinsville resident, said "It done said 'Internet' right on the window, and they was all gambling inside. How simple could it be?" Rable's comment would be equivalent to saying that a couple had sex, there was a computer in the room, therefore they must have been having cybersex!

Things that Coleman did not comment on were:

• Which of Virginia's statutes made Internet gambling illegal?
• Which states legally allow online gambling?
• Interstate commerce is an authority given by the Constitution to the federal government.
• Why would Virginia be able to control interstate commerce?