PRESS RELEASE

For Immediate Release

June 15, 2005

Contact: William J. Smith (718) 556-7150

D.A. Donovan Issues Public Reminder on
Do’s & Don’ts of Poker Tournaments, Gaming
***New York State Law Clearly Prohibits Gambling; Allows Charitable Organizations to Apply for Temporary Licenses***

STATEN ISLAND, NY – In response to the current “Texas Hold ‘Em” Poker craze, as well as inquiries received by his office, Richmond County District Attorney today issued a reminder to the Staten Island community regarding the legal restrictions on gambling in New York State.

“In the past several weeks, my office has received several inquiries from charitable organizations as well as private businesses regarding the legality of hosting poker tournaments – for charity or for profit,” stated District Attorney Donovan. “New York State has very clear laws governing gambling that carry stiff penalties for those who disregard them.”

Charitable organizations registered with the State of New York as a non-for-profit may apply for a license with the state to operate, for a limited period of time, games of chance such as poker. Commonly known as “Las Vegas Nights,” these games of chance events are conducted under a one-day license and the state clearly regulates the value of prizes, both cash and merchandise. In addition, the state also mandates that a member of the charitable organization or an affiliated organization must operate the games.

Information on how to obtain a license or to operate a game of chance may be obtained from the New York State Racing and Wagering Board. The Board can be reached on the web at www.racing.state.ny.us or via telephone at (518) 453-8460.

“Under no circumstances may private citizens conduct private gambling operations in which an admission fee is charged or a percentage of the proceeds, or amount being wagered is “kicked-back” to the operator as a fee for hosting or servicing the bets,” stated the District Attorney. “This crime is considered to be the promotion of gambling and carries serious penalties.”

A person is guilty of promoting gambling in the second degree, a “Class A” Misdemeanor, when he knowingly advances or profits from unlawful gambling activity. A “Class A” Misdemeanor is punishable by up to one year in jail.

Charges can be elevated to promoting gambling in the first degree when an individual knowingly advances or profits from unlawful gambling activity by: engaging in bookmaking to the extent that he receives or accepts in any one day more than five bets totaling more than five thousand dollars; or receiving, in connection with a lottery or policy scheme or enterprise, money or written records from a person other than a player whose chances or plays are represented by such money or records, or more than five hundred dollars in any one day of money played in such scheme or enterprise. Promoting gambling in the first degree is a “Class E” felony, punishable by up to four years in prison.

“Although my office is unable to provide advisory opinions or legal advice to the public, I would advise anyone who is unsure about the legality of any “card games” or tournaments to consult private legal counsel,” added the District Attorney.

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