Legal Question in Business Law in California

sports pools

Are on-line sports pools and fantasy games illegal if

you have to pay for them? Does it change the legality

of the contest if the winner is paid in prizes instead

of cash?


Asked on 10/10/01, 6:36 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: sports pools

Wagering is illegal in California and it makes no difference whether the payoff is in cash or other things of value. Sports pools are a form of wagering. Whether a particular 'fantasy game' amounted to wagering as defined by California cases would depend on its rules, etc.

Conducting the games on the Internet raises the questions of whether California law applies and whether the California courts could obtain and exercise jurisdiction over the game operators. If the base of operations is in California and/or the games are offered to California residents, California would doubtless have jurisdiction to prosecute the operators and/or participants (players) under its criminal laws against wagering.

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Answered on 11/22/01, 1:50 am


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