Legal Question in Technology Law in Texas

Consulting for On-Line Wagering Site

I have been approched with a proposition to do independant computer consulting for a Texas firm wishing to create an on-line wagering site. The site would make money only from the interest accrued on member account balances not from participation in the wagering. First, is my participation in creating the site for this firm illegal? Second, they wish to pay for my services, in part, by giving me a percentage of the first six months' profits. If the answer to the first question is no would taking profits cross the legal line?


Asked on 12/04/00, 12:05 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Consulting for On-Line Wagering Site

Consulting in the creation of a wagering site is not illegal. It is protected by the First Amendment, at least while offline.

Online participating in a wagering site is likely contrary to law. Participating in the profits makes one a de facto partner, and is surely illegal.

I would avoid this employment if you have other options, as proving your point would be expensive even if you win.

Also, if you decide to consult, I would make sure I was paid on a contract basis without regard to participation in what could prove to be illegal profits. You could (1) lose your income as being illegally generated, and (2) be prosecuted for participating in an illegal venture.

I disagree that they have found a loop hole in the gaming statutes by operating from the interest generated on accounts which are otherwise illegal in most states.

Remember, anyone can access this site, and some will, undoubtedly, from states in which the venture is not licensed or from states in which such activity is illegal and cannot be licensed.

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Answered on 12/05/00, 8:59 am
Bruce Burdick Burdick Law Firm

Re: Consulting for On-Line Wagering Site

I generally agree with attorney Aspinwall's advice, and would caution you against aiding and abetting illegal activities.

The site IS planning on profiting from the wagering. Wagering is the reason people would put money in accounts which would generate the interest these fools hope to profit from. Getting around anti-gaming laws is not quite that easy.

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Answered on 12/05/00, 11:34 am


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