The State of New York largely does not permit gambling of any type within its borders. It is considered an illegal activity and as such, it is very risky to be caught gambling in any form in the state. While it may be legal to play in certain areas (Native American reservations as an example) within the borders of New York, it is still a crime to manipulate the game in any way to attempt to give yourself or others an unfair advantage.
These laws extend to those who run gambling establishes (legal or otherwise) and players as well. The blanket term “gambling fraud” can be applied broadly depending upon the situation, so it is always best to steer well clear of anything that might even be of questionable legality.
Types Of Gambling Fraud
To be clear, there are a variety of different types of gambling fraud that one may be charged with. It is important to know a little about what falls under the category of fraud. While this list is not exhaustive, it provides some guidance as to common fraudulent activities in the world of gambling.
Collusive Play- The act of working with other players to create an unfair advantage. This could include using software programs designed to cheat at online poker games and the like. It could also involve “team play” at a casino that is banned.
Avoiding Gaming Laws- This type of fraud more directly impacts payment processors and online casino operators. It is a charge that is levied against them by misleading banks about the types of deposits they are accepting. Banks are not permitted to allow money transfers into gambling sites. If those sites manipulate the deposits to make it appear as though they are going towards something different, this is considered fraud as well.
Insider Information- The reality of this one is that the vast majority of people do not have insider information to begin with. They are usually scammers who are just trying to make a quick buck off of the easily tricked. What they are doing is also considered gambling fraud and is illegal.
The penalties that one may face for a gambling fraud charge can be quite severe and potentially life altering. Again, this depends upon the circumstances. In some cases a defendant may be ordered to pay restitution, but in some more serious cases the defendant could be looking at jail time.
Attorneys who specialize in gambling fraud crimes may be consulted in regards to questions about what type of penalties one may face in their own particular case with its particular set of circumstances. They should have at least some idea of what the prosecution may be willing to offer.
As with most other crimes, it is possible to seek a plea deal when charged with gambling related offenses. It is not unheard of to do so in order to avoid a lengthy court process and to lessen the charges in some cases. Each prosecutor has discretion over his or her cases and some are more charitable than others. The best way to seek out a favorable result is to have a seasoned attorney in your corner fighting on your behalf.
Many of these cases end in settlements or deals before going to trial. The same is true of all crimes. However, those charged with gambling fraud are entitled to a jury trial if they is what they decide to do. It is important to discuss all of these options with an attorney to chart the best path forward.
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