Speaking of gambling, Eastern District of New York Judge Jack B. Weinstein ordered a Rule 29 judgment of acquittal in the case of Lawrence Dicristina, who had been found guilty by a jury for violating the Illegal Gambling Business Act (IGBA), which criminalizes certain gambling operations. No stranger to granting Rule 29 motions, Judge Weinstein detailed in his 120-page opinion the history of poker--the particular game at issue in Dicristina's case--which he concluded was more a game of skill than one of chance. Judge Weinstein concluded that both the government's view--that the IGBA criminalizes all gambling operations that are illegal under state law (New York state law criminalizes poker operations)--and Dicristina's view--that it only criminalizes gambling operations of games of chance that are illegal under state law--were plausible interpretations of the statute. Therefore, Judge Weinstein applied the rule of lenity and held that poker operations are not prohibited by the IGBA.
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Full boat: aces over eights
- Day Pitney LLP
- September 4 2012
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