NCJ Number
44814
Date Published
1975
Length
536 pages
Annotation
ANTILOTTERY STATUTES, MODERN CRIMINAL STATUTES, NONCRIMINAL GAMBLING STATUTES, AND TAX LAWS ARE EXAMINED TO EXPLAIN CURRENT FEDERAL POLICY ON GAMBLING. THE APPENDIX DISCUSSES THE STATUTES INDIVIDUALLY.
Abstract
THE HISTORY OF ANTILOTTERY STATUTES IS PRESENTED, BEGINNING WITH THE FIRST PROVISIONS DATING FROM THE LATE 19TH CENTURY. CONSTITUTIONAL ISSUES CONCERNING LOTTERIES ARE ALSO DISCUSSED. FEDERAL EFFORTS TO ATTACK ORGANIZED CRIME IN THE 20TH CENTURY, LARGELY FOCUSED ON GAMBLING REVENUES, AND SEVERAL NONCOHESIVE STATUTES REGULATING GAMBLING WERE PASSED. THE KEFAUVER COMMITTEE, ROBERT KENNEDY'S ORGANIZED CRIME PROGRAM, AND THE ORGANIZED CRIME CONTROL ACT OF 1970 ALL PRESCRIBED CONTROLS ON GAMBLING; HOWEVER, ALL THE STATUTES WERE DRAFTED IN SUCH A WAY AS TO AVOID OUTRIGHT CONFLICT WITH THE STATE LAWS. SOME FEDERAL STATUTES RELATING TO GAMBLING APPEAR IN NONCRIMINAL CONTEXTS, AND THESE ARE DISCUSSED REGARDING THEIR EFFECT ON STATE LAWS. FEDERAL TAX PROVISIONS ARE CONSIDERED IN TWO CATEGORIES: GENERAL PROVISIONS AS THEY AFFECT GAMBLING AND SPECIFIC SECTIONS DRAFTED TO REACH GAMBLING ACTIVITY. INDIVIDUAL STATUTES AND ISSUES DISCUSSED IN THE APPENDIX ARE: (1) REGISTRATION OF MIGRANT FARM WORKER CREW LEADERS AS IT RELATES TO GAMBLING; (2) IMMIGRATION AND NATIONALITY ACT; (3) PROHIBITION OF BANKS FROM SELLING STATE LOTTERY TICKETS; (4) TRANSPORTATION OF GAMBLING DEVICES IN INTERSTATE AND FOREIGN COMMERCE; (5) BRIBERY IN SPORTING CONTESTS; (6) PROHIBITION OF GAMBLING SHIPS AND WATER TAXIS; (7) TRANSMISSION OF GAMBLING INFORMATION; (8) PROHIBITION OF THE IMPORTATION OR TRANSPORTATION OF LOTTERY TICKETS; (9) MAILING OF LOTTERY TICKETS OR RELATED MATTER; (10) POSTMASTER OR EMPLOYEE AS LOTTERY AGENT; (11) BROADCASTING LOTTERY INFORMATION; (12) STATE-CONDUCTED LOTTERIES; (13) OBSTRUCTION OF STATE OR LOCAL LAW ENFORCEMENT; (14) TRAVEL IN AID OF RACKETEERING; (15) PROHIBITION OF ILLEGAL GAMBLING BUSINESS; (16) RACKETEER-INFLUENCED AND CORRUPT ORGANIZATIONS; (17) AUTHORIZATION FOR INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS; (18) PROHIBITION OF IMPORTATION OF IMMORAL ARTICLES; (19) THE INTERNAL REVENUE CODE RELATING TO GAMBLING; (20) MAIL IMPOUNDMENT FOR FALSE REPRESENTATIONS AND LOTTERIES; (21) DEFINITION OF GAMBLING IN ORGANIZED CRIME; (22) DEVELOPMENT OF THE LAW OF GAMBLING IN THE UNITED STATES POSSESSIONS; (23) DEVELOPMENT OF THE LAW OF GAMBLING IN THE DISTRICT OF COLUMBIA; AND (24) THE DEVELOPMENT OF THE LAW OF GAMBLING IN PUERTO RICO. (DAG)