Training for Counselors
Securities for money lost at gaming, void. A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by: May not be copied, stored or redistributed without prior written permission. When any securities, mortgages or other conveyances, executed for the whole or part of any consideration specified in the preceding paragraph shall affect any real estate, they shall inure for the sole benefit of such person as would be entitled to the said real estate, if the grantor or person incumbering the same, had died, immediately upon the execution of such instrument, and shall be deemed to be taken and held to and for the use of the person who would be so entitled. To start things off, one cannot be charged with the crime of Promoting Gambling if one is merely a participant in that gambling. Contact the New York Promoting Gambling criminal defense lawyers and former New York prosecutors at or contact us online today. One has to look no further than New York Penal Law
Irrespective of what subsection you may be accused of violating and regardless of what county or jurisdiction it is alleged to have occurred, as a preliminary matter you are guilty of First Degree Promoting Gambling when you knowingly advance or profit from an unlawful gambling activity.
That is, if you materially assist in the gambling venture maybe you have illegal card games at your apartment, arrange for handicapping sports betting, or advertise and solicit bets, for example or you pocket some money or otherwise profit from the unlawful gambling. Assuming this initial element is satisfied, prosecutors or Assistant District Attorneys in Manhattan, Brooklyn, Queens or any jurisdiction inside New York City or elsewhere in the State of New York must further prove beyond a reasonable doubt one of the following:.
Although prosecutors on the state level — District Attorneys and the New York State Attorney General — may target illegal and unlawful gambling rings, crews and groups both in New York, across the United States and even abroad by charging a gambling crime, its fairly typical that prosecutors flex their muscles by charging more serious offenses.
These offenses can include Enterprise Corruption and Money Laundering. In such a case, four years in prison pales in comparison to the potential of twenty-five years in custody. Beyond these obvious offenses, prosecutors may also pursue any number of NYS tax crimes. Just like other theft related crimes, except the victim is New York State in lieu of a person or company, the dollar amount of the tax fraud relates directly to the potential incarceratory exposure in prison.
Regardless of the additional crimes, if any, the District Attorney charges you with or presents to a Grand Jury, when a scheme involving gambling is prosecuted law enforcement routinely seizes personal and financial assets or freezes the same to eventually seek the forfeiture of your alleged ill-gotten gains. While you may challenge the asset forfeiture, work any disgorgement into restitution or part of a disposition, or you may fight this attempt as vigorously as you do the substantive criminal allegations, whatever your ultimate defense may be, it is imperative to identify and implement your best defense with your asset forfeiture attorney and gambling crimes defense lawyer as early in the process as possible to avail yourself of the best opportunity for success.
Simply, there is no quick fix to an investigation, arrest or indictment for violating New York Penal Law There are some limited statutory defenses, but those are often not applicable. Instead, you and your criminal defense attorney should examine what role prosecutors intend to prove you had in the gambling operation. How is it that they intend on proving your involvement and liability?
Are you an accomplice or directly responsible? Are there search warrants and wire taps? If you are outside of New York, how is it that prosecutors can prove jurisdiction over your conduct?
If charged with Enterprise Corruption, is there a true structure of the crew and did you share in the same criminal goal? A mere fraction of the questions and issues that you and your criminal defense attorney must address, be proactive and diligent, not indecisive and reactionary.
Identifying and implementing a defense to Promoting Gambling in the First Degree and associated crimes is not always easy, but a critically important early step in the defense process.
Any person who shall have paid any money, or valuable thing, for a chance or interest in any lottery or distribution, prohibited by the penal law, may sue for and recover the same of the person to whom such payment or delivery was made. A person who gambles at a social game of chance on equal terms with the other participants therein does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein.
A person who engages in " bookmaking ", as defined in this section is not a " player. Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation.
One advances gambling activity when, having substantial proprietary or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits such to occur or continue or makes no effort to prevent its occurrence or continuation.
Notwithstanding the foregoing, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices. A " coin operated gambling device " means a gambling device which operates as a result of the insertion of something of value.
A device designed, constructed or readily adaptable or convertible for such use is a coin operated gambling device notwithstanding the fact that it may require adjustment, manipulation or repair in order to operate as such. A machine which awards free or extended play is not a gambling device merely because such free or extended play may constitute something of value provided that the outcome depends upon the skill of the player and not in a material degree upon an element of chance.
A device so constructed, or readily adaptable or convertible to such use, is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability. Nor is it any less a slot machine because, apart from its use or adaptability as such, it may also sell or deliver something of value on a basis other than chance.
A machine which sells items of merchandise which are of equivalent value, is not a slot machine merely because such items differ from each other in composition, size, shape or color. The value of such cheques or chips or tokens shall be considered equivalent in value to the cash or cash equivalent exchanged for such cheques or chips or tokens upon purchase or redemption.
A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity. A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:. Engaging in bookmaking to the extent that he receives or accepts in any one day more than five bets totaling more than five thousand dollars; or. Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia;.
To the same effect, see also People v. New York Constitution and Consolidated Laws. Contracts on account of money or property wagered, bet or staked are void. Securities for money lost at gaming, void.
Certain transfers of property in pursuance of lottery, void. Contracts, agreements and securities on account of raffling, void. Property staked may be recovered.