The State of New York is another one that provides remedy for an individual who loses money or another thing of value due to an unauthorized form of gambling. That person, or a rightful inheritor in the event that said person has died, has up to three months to file suit for the property or money lost. In the event of an illegal lottery, the person may sue for and recover double the amount purchased in tickets.
However, if the individual loses less than $25, th3en the individual no longer has a right to recovery.
Once again, these laws could theoretically be applied to unlawful gambling taking place online, however, as with such laws in other states, there may be some difficulty in collecting in the event that the loser prevails in the lawsuit.
There are potential crimes for unauthorized operators that depend on the number and total amount of wagers taken:
"Sec. 225.05 Promoting gambling in the second degree.
A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.
Promoting gambling in the second degree is a class A misdemeanor.
Sec. 225.10 Promoting gambling in the first degree.
A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:
1. 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
2. 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."
Class A Misdemeanors in the State of New York are punishable by up to one year in jail or three years of probation and/or fines of up to $1,000 or double (even in excess of $1,000) any monies that may be gained by way of illegal activity, if applicable.
For non-violent felonies in New York, the maximum sentence shall be no more than four years imprisonment.
New York is known for its mobster stories, and it is no different when it comes to illegal gambling arrests. Earlier this year, 46 individuals with links to mob families were arrested on a wide variety of chargers, including illegal gambling operation.
Just a few months ago, there was a major bust with four arrests of an illegal bookmaking group who allegedly took nearly a billion dollars in illegal wagers just last year.
Late last year, there were a wide range of arrests for illegal bookmaking at a major operation that used overseas sites to control the bets.
However, it does not appear to be illegal under New York law for an individual to act as merely a player. Certainly, there have been no incidence in which a person was arrested for gambling online that we can find.
In conclusion, we note that New York has no apparent penalties for mere players, but unsurprisingly, is the home of some of the largest illegal bookmaking operations that have been busted. In any event, this page is meant to focus on the players, and as such, we will categorize New York as little/none in terms of restrictiveness.
FINAL RANKING: Little/None-3
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