Underground poker is poker played in a venue not operating in accordance with local gaming laws.
In many jurisdictions, an unlicensed 💳 poker game may still be legal if the game is played in a residence, the host does not profit, and/or 💳 the buy-in fees do not exceed a certain threshold. Even if the game itself is illegal, in some jurisdictions it 💳 is not illegal to just play such a game. In such cases, only the organizers of such games are civilly 💳 and/or criminally responsible. The zeal from local law enforcement agencies also varies by location. Often, players and hosts of underground 💳 poker games worry more with being targeted for armed robbery than being targeted with legal action.
An underground poker room usually 💳 generates revenue by collecting rake or other house fees while not being a licensed gaming operator. Organized crime groups, such 💳 as the American Mafia, often host, provide protection for, or are otherwise involved in high-stakes underground poker games. Underground poker 💳 venues can also generate revenue by selling food and beverages or by offering side games such as blackjack or craps.
Canada 💳 [ edit ]
Under the Criminal Code, any game of poker that is not specifically licensed by the relevant provincial or 💳 territorial gaming regulator is covered by either Section 201 or Section 204 of the Code. Section 201(1) makes it an 💳 indictable offence for to "(keep) a common gaming house or common betting house" with a maximum penalty of two years' 💳 imprisonment, while Section 201(2) makes it a summary offence to be "found, without lawful excuse, in a common gaming house 💳 or common betting house" with a maximum penalty of six months' imprisonment and/or aR$5,000 fine.[1] On the other hand, Section 💳 204(1)(b) provides that "a private bet between individuals not engaged in any way in the business of betting" is exempt 💳 from the provisions of Section 201, and thus is not unlawful.[2] This has been consistently interpreted to mean that a 💳 poker game taking place in a dwelling house is legal in Canada, so long as the host is not taking 💳 "rake" or otherwise directly profiting from hosting the game. Whether a poker game played on a similar "not for profit" 💳 basis somewhere other than a dwelling house (for example, in the warehouse of a small business) also enjoys the exemption 💳 of Section 204(1)(b) is disputed.
The laws governing gaming in Canada were written prior to the invention of internet gaming. Notably, 💳 Section 201(2) makes no distinction with regards to whether individuals present in an illegal poker room are actually playing poker, 💳 while on the other hand there has never been (as of 2013) a prosecution in Canada simply for participating in 💳 Internet gaming not licensed in Canada.
The actual penalties imposed for hosting or participating in illegal poker vary widely, and appear 💳 to depend greatly on the sensibilities of the presiding judge(s). For example, in 2011 a Winnipeg man (on appeal) won 💳 a conditional discharge despite having pleaded guilty to the more serious charge of keeping a common gaming house, meaning he 💳 did not get a criminal record.[3] For the less serious charge of being in a common gaming house, discharges (including 💳 absolute discharges) are not uncommon, especially if the accused has no prior criminal record. But this is not always the 💳 case, for example in 2012 several Sudbury men were fined for the less serious charge of being in a common 💳 gaming house, meaning they did get criminal records. Among those fined in that case was at least one man whom 💳 the presiding judge acknowledged had not even been playing.[4]
United Kingdom [ edit ]
Under the Gambling Act 2005, commercial high-stakes poker 💳 is restricted to licensed casinos. However, the Act and associated Regulations do allow for private games in homes and similarly 💳 private venues, such as workplaces, without the need for special licences. Poker may also be played in pubs to a 💳 certain extent, although the regulations governing such games are complex.
Nevertheless, illegal games are believed to be widespread, especially in Greater 💳 London. In a number of cases, club premises certificates have been withdrawn following allegations of illegal poker.[5]
United States [ edit 💳 ]
In the United States, the legality of poker varies from state to state.[citation needed]
New York [ edit ]
Under New York 💳 state law, it is unlawful to profit from promoting a poker game without the appropriate gaming licences. Simply playing in 💳 such a game is not unlawful.
Historical New York clubs [ edit ]
Some of the longest operating underground clubs have been 💳 in New York City. Two of these, the Diamond Club and the Mayfair Club, were famous proving grounds for such 💳 now well-known poker players as Howard Lederer, Erik Seidel and Dan Harrington. The New York Police Department, however, closed these 💳 clubs in the summer of 2000 during the Rudolph Giuliani administration's law and order campaign[citation needed].
Recent years [ edit ]
Underground 💳 poker nevertheless flourished in New York City after the Giuliani busts. In Manhattan, circa 2004, the most well-known clubs included 💳 PlayStation near Union Square and New York Players’ Club (NYPC) (sometimes referred to as 72nd Street) on the Upper West 💳 Side.
On May 26, 2005, New York City police raided and shut down numerous rooms, including PlayStation and NYPC.[6][7][8] Clubs that 💳 were not targeted then voluntarily closed their doors for some time in spring 2005, but were mostly reopened by that 💳 summer.
The reopened clubs began to draw some celebrity clientele, including Alex Rodriguez of the New York Yankees[9] (who was officially 💳 reprimanded for playing in such clubs), and Robert Iler (who was actually present for the October 23, 2005 bust of 💳 the club Ace Point at 328 E. 61st Street).[10] Raids continued regularly throughout 2005, closing clubs such as Rounders on 💳 West 25th Street in the Flatiron District of Manhattan,[11] and, after a series of busts and re-opens, the Brooklyn Players' 💳 Club in Park Slope area of Brooklyn.[12]
Clubs generally continued throughout New York City during 2006 and into 2007, but seemed 💳 to the clientele to keep their size smaller to avoid the attention that the larger clubs such as NYPC and 💳 PlayStation brought.
However, robberies still remained common throughout 2007. This issue reached a crescendo when the City Limit, at 251 Fifth 💳 Avenue in Manhattan, was robbed on November 2, 2007. Frank DeSena of Wayne, NJ was killed in an accidental weapons 💳 fire during the armed robbery.[13]
See also [ edit ]
