The Justice Department contends existing laws already make all Internet
gambling illegal for Americans. The 1961 Wire Wager Act specifically
prohibits the use of telephone lines for the purpose of placing a sporting
bet. Since the Internet uses telephone lines, courts have ruled the Wire Act
also covers Web sports wagering. This is a summary of the latest
prosecution. There have been others.
Federal E-Mail Wiretaps Result In Convictions Of State Man
March 16, 2003
On the tiny island of Curacao, 40 miles off the coast of Venezuela, a
computer hummed along on Bon Bini Ave. Over the course of three years in the
late 1990s, the Caribbean server's Internet connections racked up more than
$400 million in sports wagers - on college basketball, professional football
and everything in between.
The profits lined the pockets of two Americans, one of whom ran the
international gambling ring from Nelsonville, Wis., a one-stop-sign town
about 15 miles east of Stevens Point. The federal investigation into the
Wisconsin-based online betting service was just the third such case ever
prosecuted in the United States. It was the first time the IRS used
wiretapping hardware - specially designed at the request of investigators in
Wisconsin - to monitor e-mail.
So far, six people have been convicted of federal crimes in connection with
the three-year investigation. A seventh, accused of helping the bookies hide
their profits in offshore banks, is scheduled for trial in May. Christiansen
Capital Advisors, a New York market research firm, estimates that about $6.4
billion will be wagered on athletic competitions this year, much of it via
about 1,400 Internet sports betting sites.
About 5 million people get a piece of the Internet action. The men's NCAA
basketball tournament, which starts next week, is the second most popular
gambling draw after the Super Bowl. Except in Nevada, betting on sports is
illegal everywhere in the U.S., including at Indian casinos, according to
Daniel J. Graber, assistant U.S. attorney for the Western District of
Wisconsin.
Under the federal Wire Act of 1961, using an online sports book (even if the
server is in a foreign country) is a felony, since it uses interstate
telephone lines. The law is difficult to enforce, however, because it's
often impossible to tell who is operating a particular Web site, Graber
said.
Unfortunately for Duane Pede, 52, of Amherst Junction, Wis., and Jeff
D'Ambrosia, 42, of Henderson, Nev., several coincidences and an intense
investigation led the feds to their door. Thomas Manske was on trial for
federal drug charges in 1998. He told the jury all those secretive meetings
in bars were not to sell drugs but to collect bets. Their interest piqued,
the authorities began working their way up the criminal food chain toward
Pede and D'Ambrosia.
Meanwhile, the U.S. attorney in St. Louis busted up an Internet gambling
ring based there. Two defendants told authorities they were just small fish.
Pede had started out in the sports information business, printing scorecards
for bookies and giving them the point spreads on various games. D'Ambrosia's
business began as a "tout" service - a way for gamblers and bookies to get
recommendations on how to bet.
Both enterprises constitute legally protected speech under the First
Amendment. Pede and D'Ambrosia eventually ran four tout services. Pede and
D'Ambrosia courted trouble when they decided to branch out, starting a
gambling service they could advertise to the people who used their other
services, authorities say.
"They figured, 'We know all the people calling us are gambling, why don't we
market them?" said Graber, who, along with assistant U.S. Attorney Timothy
O'Shea, prosecuted the case. The direct mail was easy because Pede also ran
a small printing company in Nelsonville, Signature Press, where the two
could print all their advertising materials for the new business.
One of those brochures, stamped by a postage meter at Signature Press, fell
into the hands of the Portage County Sheriff's Department and was forwarded
to Graber. Authorities now had a tenuous link, but the fact that the server
was in the Caribbean was problematic. To minimize the government's losses,
they bet against each other.
To prove the Americans were in charge, the U.S. attorney's office and the
IRS needed help from the FBI. The government often wiretaps telephone calls
to gather evidence in an investigation. But IRS agents had never before
wiretapped e-mail. The U.S. Postal Inspection Service and the Wisconsin
Department of Justice also assisted in the investigation.
The intercepted e-mails were a gold mine that clearly showed Pede and
D'Ambrosia troubleshooting and giving instructions to employees of both the
tout services and the gambling operation. Pede and D'Ambrosia both pleaded
guilty in December 2001 to federal gambling and tax charges and assisted
authorities in the prosecution of four co-conspirators.
Both are serving five-year federal prison terms. Each man was fined
$100,000; together they were ordered to pay nearly $1.5 million in back
taxes. Pede and D'Ambrosia's financial adviser, Florida attorney David
Hampton Tedder, has pleaded not guilty to seven federal felonies and is
scheduled for trial in May. Authorities believe Tedder helped the Internet
bookies hide the rest of their millions.
Authorities say that although this case is coming to a close, it has opened
a whole new avenue of prosecutions, proving an Internet gambling ring can be
shut down.
Rasti$Rulz
Coasts Casinos = vp-hell
http://groups.yahoo.com/group/vp-heaven
···
----- Original Message -----
From: "ICRoyals" <icroyals2@ameritech.net>
To: <vpFREE@yahoogroups.com>
Sent: Friday, March 28, 2003 9:56 PM
Subject: RE: [vpFREE] Re: Internet Bonuses
I've never heard of any prosecutions, let alone convictions. Can you
supply any citations to news articles or, better yet, cite case law?
icroyals