Gambling has made its way into the lives of Minnesotans slowly. Over time the state has added state lotteries, charitable gambling, pull tabs, horse racing tracks, card rooms such as those at Canterbury park and tribal casinos. The proliferation of these gambling venues has also contributed to a rise in other types of crime. Perhaps the most common crime is white collar crime and embezzlement to finance compulsive gambling addictions. Embezzlement crimes may become federal offenses if the dollar amount is significant and if the proceeds are placed into a bank account.

The reason for the proliferation is that gambling is generally a losing enterprise to all except the gambling establishment. There has been an even greater proliferation of internet gambling sites, some cashing in on the new popularity of five car hold 'em tournaments regularly appearing on cable television.

Often, we receive questions regarding the legality of gambling activities. Is it legal to advertise gambling on the Internet? Minnesota law presently prohibits internet gambling. See Minn. Stat. Ann. §§ 609.75 subd. 2 & 5, 609.76 (1987 & Supp. 1998). In fact, the Minnesota Attorney General aggressively targets illegal gambling including online internet gambling establishments. the attorney general has stated that persons outside of Minnesota who transmit information via the Internet knowing that information will be disseminated in Minnesota are subject to jurisdiction in Minnesota courts for violations of state criminal and civil laws. It is also a crime for an entity to "intentionally participate in the income of a gambling place." Minn. Stat.§ 609.76 subd. 1(2). Minnesota law also makes it a crime to the place a bet with a gambling operation. Moreover, any person making a bet is guilty of a misdemeanor. As a result, a Minnesota resident could be charged with a crime for merely making a bet out of curiosity. the law also allows prosecutors to seize the instrument of the crime meaning the bettors computer. Making such a bet may result in a jail sentence of up to 90 days and $1000 fine.

Lotteries are equally illegal under Minnesota Statutes § 609.755(2) under that statute, it is even a crime to simply advertise a lottery. That means even advertising a lottery site on the internet may be a crime in Minnesota if it targets Minnesota residents.

FOR A FREE CONSULTATION ON GAMBLING ISSUES OR EMBEZZLEMENT CRIMES CALL 612.240.8005

Call (612) 240.8005

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