The Federal Government’s Role in Online Gambling Enforcement
Internet gambling includes both sports betting and casinos. Some of the most popular sites are BetRivers, DraftKings Casino, and Unibet. In addition to offering a large variety of games, the top online casinos also offer excellent security measures and rapid payouts. These sites are regulated and licensed in various parts of the United States.
Under the federal criminal laws, it is illegal to engage in unlawful internet gambling. The Illegal Gambling Business Act (IGBA) and the Wire Act (Wired Act) make this crime punishable.
Another criminal statute that is relevant to online gambling is the Travel Act. This law makes it illegal to advertise, promote, or facilitate illegal gambling on an interstate or foreign basis.
The Federal Communications Commission (FCC) has jurisdiction over common carriers and telecommunications facilities. The FCC has the authority to terminate or discontinue the furnishing, leasing, or maintaining of facilities.
While it may be difficult to establish a nexus between interstate commerce and unlawful gambling, it is not impossible. A nexus can be established by referring to shipments made in interstate or foreign commerce, or by reference to an interstate or foreign nexus in the distribution of gambling proceeds.
Illegal internet gambling is also prohibited under the Racketeer Influenced and Corrupt Organizations (RICO) provisions. Racketeering, or “racketeering” is a term used to describe the activities of organized crime groups, which involve bribery, fraud, and illegal activities.
There have been several constitutional challenges to the enforcement of federal gambling law. One of the primary objections is the First Amendment guarantee of free speech. However, attacks on this clause have been largely unsuccessful.