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
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