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Federal Wire Act

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The '''Federal Wire Act''' is a United States federal law that forbids interstate gambling operations. Put into effect on September 13, 1961, the Act prohibits accepting bets through across state lines via telephone or telegraph across state lines. The law aimed to preserve the integrity of sports matches from the influence of organized crime.
== History ==
=== 1961: Federal Wire Act ===
The Federal Wire Act (also known as the Interstate Wire Act) was put into law by Congress on September 13, 1961. It's purpose was to prevent betting across state lines to which would allow individual states to enforce their own respective gambling laws. The law targeted the individuals those who were taking bets rather than those placing them. The Federal Wire act was part of a series of anti-racketeering laws in the 1960s and aimed to prevent organized crime from manipulating the outcome of games through [[match fixing]].
Subsection (a) of Title 18 of the United States Code section 1084 ''Transmission of wagering information; penalties'' reads:
<blockquote>''"This bill only gets after the bookmaker, the gambler who makes it his business to take bets or to lay off bets... It does not go after the causal gambler who bets $2 on a race. That type of transaction is not within the purvue of the statute"''.<ref name=glu>[https://www.gambling-law-us.com/federal-gambling-laws/federal-wire-wager-act/ "Federal Wire Act"], ''Gambling Law US''. Retrieved on 2020-02-11</ref></blockquote>
</blockquote>The Federal District Court affirmed this by asserting that Congress had no intention of including social bettors in the scope of the Wire Act. This included encompassed US bettors who wagered large amounts and operated with a particular "degree of sophistication".
Subsection (b) of the Federal Wire Act pertains to exemptions from the law. The two designated exemptions were in regards to news reporting on sporting events, and the transmission of information related to sports gambling between two states where such betting was legal:
<blockquote>''This Office concluded in 2011 that the prohibitions of the Wire Act in 18 U.S.C. § 1084(a) are limited to sports gambling. Having been asked to reconsider, we now conclude that the statutory prohibitions are not uniformly limited to gambling on sporting events or contests. Only the second prohibition of the first clause of section 1084(a), which criminalizes transmitting “information assisting in the placing of bets or wagers on any sporting event or contest,” is so limited. The other prohibitions apply to non-sportsrelated betting or wagering that satisfy the other elements of section 1084(a).''<ref> [https://www.justice.gov/olc/file/1121531/download "Reconsidering Whether the Wire Act Applies to Non-Sports Gambling"], ''The United States Department of Justice''. November 2, 2018. Retrieved on 2020-02-11</ref></blockquote>
The three remaining subsections of the Federal Wire Act are were therefore not restricted to sports betting. On January 15, 2019 Deputy Attorney General Rod Rosenstein stated that the Department of Justice would delay the 2018 reversal by 90 days to allow businesses to make the necessary changes to comply with the law.
=== 2019: New Hampshire Lottery Commission Lawsuit ===
<blockquote>Before me are the Government’s motion to dismiss for lack of standing and the parties’ cross-motions for summary judgment. Based on the text, context, and structure of the Wire Act, I also conclude that the Act is limited to sports gambling. Accordingly, I deny the Government’s motions and grant the plaintiffs’ motions for summary judgment.<ref> https://www.wmur.com/article/nh-wins-lawsuit-against-federal-government-over-lottery-sales/27703705# "NH wins lawsuit against federeal government over lottery sales"], ''WMUR''. June 3, 2019. Retrieved on 2020-02-11</ref></blockquote>
On August 16, 2019 the Department of Justice filed a Notice of Appeal for against Barbadoro's ruling.
== Conclusion ==
The Federal Wire Act exists to prevent illegal gambling businesses from operating in the United States across state lines. The law was put in effect as an anti-racketeering measure to prevent organized crime from manipulating games through match fixing. The Federal Wire Act focuses on those who take bets rather than those who place them. There is no US federal law that prohibits American citizens from placing bets using [[offshore betting site]]s.
== References ==
<references />

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