PPA Helps Virginia Poker Player Prepare for TrialFinance Student Was Charged with 'Illegal Gambling' Misdemeanor |
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The Poker Players Alliance has been active in courtrooms around the country, fighting for positive rulings for the poker community in Pennsylvania, Colorado, South Carolina, and Kentucky. Now, the organization is turning its attention to Virginia to help out a young poker player.
Joo Kim, a finance student at James Madison University, was arrested on Feb. 9 for participating in what state police are calling “an illegal gambling ring.”
He was playing a $2-$5 no-limit hold’em game in the basement of a house when, as he told his lawyer, “They hear some commotion upstairs, and down the stairs into the basement rushes a SWAT team. They had helmets on, flak jackets, bulletproof vests, and semi-automatic rifles.”
When the commotion died down, Kim and 11 other people were arrested for “illegal gambling” — a misdemeanor with a maximum penalty of up to $500.
While the vast majority of players pled guilty and paid a reduced fine of just $50, Kim pled not guilty and is awaiting trial on April 30.
“This is something that’s more important than a $50 fine,” said Michael Melkerson, Kim’s attorney ,who was granted permission by him to talk to Card Player about his situation. “This is about protecting our Constitutional right to be able to gather in private homes to play poker.”
Kim is being charged with a Class 3 misdemeanor, as described in Virginia Code 18.2-326 (entitled “Penalty for illegal gambling”), which states:
Except as otherwise provided in this article, any person who illegally gambles or engages in interstate gambling as defined in 18.2-325 shall be guilty of a Class 3 misdemeanor. If an association or pool of persons illegally gamble, each person therein shall be guilty of illegal gambling.
Virginia Code 18.2-325 (entitled “Definitions”) defines “illegal gambling” in sub-section 1:
1. “Illegal gambling” means the making, placing or receipt, of any bet or wager in this Commonwealth of money or other thing of value, made in exchange for a chance to win a prize, stake or other consideration or thing of value, dependent upon the result of any game, contest or any other event the outcome of which is uncertain or a matter of chance, whether such game, contest or event, occurs or is to occur inside or outside the limits of this Commonwealth.
“The question is whether this activity is ‘the outcome which is uncertain or a matter of chance,’” said Melkerson, a poker player himself. “Texas hold’em does not fall within the definition.”
Melkerson further explained his position in an email, saying, “Virginia law only prohibits ‘illegal gambling’ (not all gambling), which requires proof that the ‘predominant factor’ in the game is one of chance, and not skill. If the ‘predominant factor’ is skill, the activity is not illegal, even if the activity involves some elements of chance.”
Melkerson will likely argue that the poker game cannot be defined as “illegal gambling” for the reasons he stated above, but even if he loses that argument in court, he has additional grounds to defend Kim.
Virginia, unlike most states, has what’s commonly referred to as “the home game exception.”
“In Virginia, there is an exception by statute to illegal gambling if it occurs in one’s private residence and it doesn’t occur regularly,” said Melkerson, who says the term “regularly” is undefined in Virginia code.
To qualify for the exception, games must also not have an “operator,” which is defined in Virginia Code 18.2-325, sub-section 4 as “any person, firm or association of persons, who conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation.”
“The house did take a rake from the game, but from my perspective, that shouldn’t affect the legality of the game,” said Melkerson. “It might affect the application of the exception, but it can be argued that this activity was not illegal gambling under the definition utilized in Virginia at all.”
PPA Executive Director John Pappas told Card Player in a recent interview that the PPA would play a role in the trial.
“We have decided we will assist in the case,” Pappas confirmed. “To what degree has not been determined.”
In both Colorado and South Carolina, the PPA provided expert witnesses and legal counsel to the defendants.
This is not the first time police have raided a home poker game, but Melkerson hopes it’ll be the last time it’s done in Virginia.
“They came in with high firepower and stormed in like they were about to apprehend a serial murder or something. It’s ridiculous,” said Melkerson. “The fact that the government sees it fit to treat people who are participating in such innocent activities as if they’re common criminals is unconscionable. In our view, they need to be held accountable, and that’s what we intend to do.”
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