The Federal Government’s Role in Regulating Online GamblingThe Federal Government’s Role in Regulating Online Gambling
When it comes to online gambling, there are two main laws to consider: the federal law and the state laws. While some states have made online gambling legal, others have been hesitant to do so. This can have an impact on how the industry is regulated. The federal law has an important role to play in regulating online gambling and, more importantly, ensuring that businesses follow the rules. In addition to these laws, there are other considerations to keep in mind.
The federal government has the power to prohibit online gambling sites. They can enforce federal criminal statutes as well as apply monetary fines to the operators of illegal gambling sites. There are also cases where the federal government seizes property and assets of online gambling operations. Depending on the specifics of the case, these actions may vary. Typically, the federal government has used the Unlawful Internet Gambling Enforcement Act (UIGEA) to target illegal internet gambling operations.
Federal criminal statutes implicated by illegal gambling on the internet are: 31 U.S.C. 5362(10), which defines unlawful internet gambling as receiving, transmitting, or placing bets or wagers online; and 18 U.S.C. 1955, which makes it a crime to provide a financial instrument or device to an individual for the purpose of facilitating an illegal Internet bet. These laws are based on the Commerce Clause of the Constitution.
Another federal statute is the Travel Act. The Travel Act prohibits individuals from playing at interstate facilities for unlawful purposes. It applies to online casinos and poker rooms. As such, there is an interstate element in these cases that complicates enforcement policies.
As a result, online gambling operators must adhere to a number of AML regulations and KYC standards. These rules are designed to identify and verify users to protect the integrity of the gambling industry and to reduce the risk of money laundering. Additionally, companies should be diligent in conducting external audits to ensure that compliance operations are up to par.
Online casinos and poker rooms are considered financial institutions and fall under the same regulations as other financial institutions. Financial institutions are required to comply with the Bank Secrecy Act. This law requires that banks and other financial institutions identify and confirm the owners of any company that opens an account. If a company fails to do this, it may be charged with a money laundering crime.
Companies must conduct regular internal audits and perform external audits to ensure that they are meeting the requirements of the AML and KYC laws. Similarly, they should implement compliance operations to prevent money laundering or account takeover attacks. Also, they should implement self-exclusion lists to keep their customers from regaining access to their accounts.
Several federal agencies have expressed concern about the ability of the Internet to be used for illegal gambling. For example, the FBI has confirmed that the risk of fraud, money laundering, and other related issues has increased. According to the Bureau’s cyber crime fraud unit, hackers may use the Internet to break into customer accounts, attempt to steal funds, or attempt to access bank accounts.