What US Federal Criminal Code - 18 USC 1955 Prohibition of Illegal Gambling Businesses requires
18 USC 1955 is the federal criminal statute that federalizes operation of significant illegal gambling businesses violating state law. Subsection (a) provides: whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both. Subsection (b)(1) defines illegal gambling business as a gambling business which (i) is a violation of the law of a State or political subdivision in which it is conducted; (ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and (iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day. Subsection (b)(2) defines gambling to include but not be limited to pool-selling, bookmaking, maintaining slot machines, roulette wheels or dice tables, and conducting lotteries, policy, bolita or numbers games, or selling chances therein. Subsection (b)(3) defines what otherwise would constitute gambling. Subsection (c) provides for evidentiary inferences: if five or more persons conduct, finance, manage, supervise, direct, or own all or part of a gambling business and such business operates for two or more successive days, then, for the purpose of obtaining warrants for arrests, interceptions, and other searches and seizures, probable cause that the business receives gross revenue in excess of $2,000 in any single day shall be deemed to have been established. Subsection (d) provides forfeiture: any property, including money, used in violation of the provisions of this section may be seized and forfeited to the United States. All provisions of law relating to the seizure, summary, and judicial forfeiture procedures, and condemnation of vessels, vehicles, merchandise, and baggage for violations of the customs laws; the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with such provisions. Subsection (e) provides that this section shall not apply to any bingo game, lottery, or similar game of chance conducted by an organization exempt from tax under paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code of 1986, or to savings promotion raffles. Section 1955 is the federal predicate for many state-illegal sportsbook, illegal online gambling, and large-scale unlawful gambling prosecutions, and is also a RICO predicate offense under 18 USC 1961(1).
Pillar: Gaming & Gambling · Authority: US Congress / Department of Justice · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/link/uscode/18/1955
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Primary Citations — 11 traced to source
- 18 USC 1955 - Prohibition of illegal gambling businesses - statutory text at https://www.govinfo.gov/link/uscode/18/1955
- 18 USC 1955(a) - whoever conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business shall be fined under this title or imprisoned not more than five years, or both
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