DiCristina was initially convicted under the Act for running his organized poker game at a Staten Island warehouse. However in a ruling today almost a year later the 2nd Circuit did not find the ambiguity that Judge Weinstein found in the statute. According to Circuit Judge Chester Straub,” Because we find no such ambiguity, we decline to limit the statute’s reach beyond its plain terms.”
This revised decision not only has an impact on DiCristina who could face up to 10 years in prison but could also have a negative impact on the overall move towards legalizing online gambling in the U.S. Gambling advocates are adamant to push for a federal definition n of gambling as a game predominated by chance while poker remains a game of skill.
It is difficult to assess what if any serious impact this will have on the attempts to legislate online gambling in the U.S. It seems for every step taken going forward there is always some bureaucracy which sets progress back.