US Supreme Court declines to hear poker ‘skill’ case
Print Edition
The US Supreme Court yesterday declined to weigh whether poker is a contest of skill or luck, meaning people can still be prosecuted under federal law for organizing games.
The court said it would not hear an appeal filed by Lawrence DiCristina, who was convicted under the law, the Illegal Gambling Business Act, for running games of “Texas Hold ‘Em” at a warehouse in Staten Island, New York, which he publicized by text message and word of mouth.
Poker advocates say the government has stacked the deck by using a law aimed at targeting organized crime to punish people organizing small-stakes games. They point out poker should not be covered by the law in part because it is a game of skill rather than a game of chance. In the law, the definition of gambling mentions only games of chance, DiCristina’s supporters say.
In August, the 2nd US Circuit Court of Appeals in New York reversed a district court decision from 2012 that said DiCristina could not be prosecuted because “Texas Hold ‘Em” was a game of skill. The appeals court accepted poker is a game of skill but said DiCristina could still be prosecuted.
The law was enacted in 1970 to combat organized crime.
DiCristina faces a maximum sentence of 10 years in prison.
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