Defense puts cards on table in NYC poker case (AP)

NEW YORK ? Defense lawyers for a Utah banker and a businessman indicted on gambling charges are trying to convince a federal judge that online poker isn't really gambling, an argument aimed at crippling a prosecution that seeks to permanently shut down the three largest Internet poker companies operating in the United States.

The lawyers made their arguments in papers filed in federal court in Manhattan on Friday and Monday, seeking to have charges dismissed against the bank executive, John Campos, and co-defendant Chad Elie. The government alleges that Elie persuaded Campos to let SunFirst Bank, based in St. George, Utah, process money for foreign-based online poker sites, PokerStars and Full Tilt Poker. Both men had pleaded not guilty.

Lawyers challenged various gambling charges brought against the men for several reasons, saying the government had stretched gambling laws to bring charges against 11 individuals.

Lawyers for Elie cited the Indian Gaming Regulatory Act, enacted in 1988, which they said puts poker in the same category as bingo and card games, but not with such card games as baccarat or blackjack.

The lawyers said poker differs from gambling games because the company that charges a fee or "rake" to provide a venue for the game ? in this case the Internet ? does not participate in the game at all. They said online poker is a game in which the players have some control over the outcome.

"The players compete against each other on a level playing field, using an array of talents and skill to prevail over their opponents," the lawyers wrote.

Court papers filed by lawyers for Campos argued the same point, saying the online poker companies were unfairly accused of engaging in the business of betting or wagering even though they had no stake in the outcome of the card games.

"The distinction between the poker companies in this case and websites that offer casino-style games and sports betting is stark. Online operators of casino-style games like roulette and slots are playing against their own patrons. Likewise, sports betting websites are also on the opposite side of their customers' bets. Those operators make profits from their customers' losses," the lawyers said. "The poker companies did not participate in the games, and had no risk or stake in the outcome of the games. Instead, the companies provided virtual facilities for the games, and collected, in exchange, a fee for each hand played."

They noted that Attorney General Eric Holder testified before the House Judiciary Committee Hearing in May that deciding whether poker was a game of skill or chance was "beyond my capabilities."

The court papers were filed two weeks after Justice Department lawyers filed a revised lawsuit against Full Tilt Poker, saying the company illegally raided player accounts to fund operations and make lavish payments to its owners. The government said the company over four years used $444 million in player money to pay board members, leaving just $60 million in its bank accounts in March to cover the $390 million it owed to players.

Source: http://us.rd.yahoo.com/dailynews/rss/internet/*http%3A//news.yahoo.com/s/ap/20111003/ap_on_hi_te/us_poker_prosecution

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How Prescription Drugs For Weight Loss Stack ... - Health and Fitness

[unable to retrieve full-text content]Usually a prescription for a weight loss medication is given to those that are severely obese and need to lose weight very quickly to prevent the possible health risk from occurring. The focus of this article will be on the benefits and downside of taking prescription drugs to lose ... This may include anyone with hypertension, a thyroid disorder or a history of substance abuse. Medications such as these require quite a bit of forethought on the part of the physician as they ...

Source: http://myhealthandfitnesstoday.org/how-prescription-drugs-for-weight-loss-stack-up-to-other-alternatives

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EWU Fencing Club open to students who want to swing with a foil

[unable to retrieve full-text content]EWU Fencing Club open to students who want to swing with a foil. September 30, 2011 By astover Leave a Comment. Mikayla Napier/The Easterner. By Al Stover sports editor easterner.sports@gmail.com. Meghan Woods ...

Source: http://sites.ewu.edu/easterneronline/2011/09/30/ewu-fencing-club-open-to-students-who-want-to-swing-with-a-foil/

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Writer's Fun Zone ? Blog Archive ? 5 Legal Mistakes Authors Often ...

Welcome to the monthly series on artist entrepreneurship. Today we focus on 5 mistakes writers and story tellers make using criminal law in?their?stories?? from?our monthly guest columnist, Kelley Way,?a lawyer specializing in literary law and other aspects of law. She?s also a writer! If you have general questions for Kelley on contracts or other aspects of literary law, be sure to comment below. And you can also email her, too.

PS. A list of books on literary law can be found?here.

And now for a bit of necessary legalese:??Please note that this article does not constitute legal advice, and that an attorney-client relationship is not formed by reading the article or by commenting thereon.

^*^

5 Legal Mistakes Authors Make

Like most people, I enjoy reading murder mysteries or watching crime shows on television. Ever since I went to law school, though, they just haven?t been as much fun, because now I know when they get things wrong. So, here are a few tips for those who write in this genre, or just like to read it, on some common misunderstandings of the law:

1.?Entrapment. This one stands out the most for me, though that might just be because an example of this came up in an audiobook I was listening to while studying for the Bar Exam. Fictional criminals (and their attorneys) want to cry entrapment pretty much any time they are tricked by the police. In real life, this defense is very narrow, and rarely succeeds even when it applies. In order for it to succeed, the police must have come up with the idea to commit the crime, and the defendant was not predisposed to commit that crime. For example, one case where it was successfully used was when the undercover police approached the suspect and he suggested he help them smuggle some goods. The suspect refused, and continued refusing until they pressured him enough that he caved. That?s the sort of thing entrapment was invented to prevent.

2.?Surprise evidence at trial. Granted, there are times when evidence is discovered in the middle of a trial, or a previously unknown witness comes forward, and it?s big enough to throw a monkey wrench in the proceedings. However, this is rare, and the court (i.e. the judge) is usually very unhappy with whoever overlooked this evidence earlier. In any trial (criminal or civil), all the evidence is laid out, all the witnesses are deposed, and all the arguments are given, long before the parties actually come into the courtroom. When a surprise does come up, the judge typically halts the proceedings to give the parties (and himself) time to process the new evidence and adjust their arguments accordingly.

3.?Right to privacy. I admit, it?s fun when the investigator is skirting the law, sneaking around to find evidence that will lead him or her to the bad guy. However, the courts don?t like people?s rights being invaded, no matter who they are, and they will suppress any evidence that was acquired at the expense of the defendant?s rights.

So what sort of things violate the suspect?s right to privacy? The courts have said that a right to privacy can be found wherever a person has a reasonable expectation of privacy (usually a home, but things like a phone call in a closed phone booth would also be considered private). That means that wire tapping, heat vision, and other gadgets cannot be used without a warrant. However, the police can use whatever evidence they can observe or gather from someplace they are allowed to be. For example, there?s no violation of privacy if they can see the suspect commit a crime while they?re standing on the street, or if they?re invited in and see evidence of a crime sitting in plain sight.

4.?Miranda rights. These are an integral part of any crime show or story, but sometimes they are used when it?s not necessary, or left out when they are. Police are only required to read a suspect his or her Miranda rights when they are conducting a custodial interrogation (or intend to in the relatively near future). A custodial interrogation means that the suspect is not free to leave while the police ask questions intended to elicit a criminal response (i.e. a confession).

5.?Accomplice liability. Unlike what some shows or stories would have you believe, not reporting a crime, or standing by while someone you know commits a crime, is not itself a crime (unless you find a dead body and fail to report it). A person can only be considered an accomplice if they help the person in a significant way, and they must know that they are helping the person commit a crime. There is also added protection for people who meet these criteria, but don?t actually do anything illegal themselves. When the assistance the person gives is lawful, the person needs to have some kind of ?stake in the outcome? to be considered an accomplice.

?So, there?s a very brief survey on criminal law. If any of that was confusing, or you?re just itching to know more, you know how to reach me.

^*^

Kelley Way is a member of the California Bar

Kelley Way was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, followed by a Juris Doctorate. Kelley is a member of the California Bar, and an aspiring writer of young adult fantasy novels. She can be contacted at?KelleyAWay@gmail.com.

Others articles on the?Writer?s Fun Zone?by Kelley Way:

Top 10 Things Authors Need to Know About Contracts?(April 2011)
All?s Fair in Love and War ? But Not in Copyright Law?(May 2011)
The Perils of Internet Posting?(June 2011)
What is Trademark??(July 2011)
What is Copyright??(August 2011)

?

Tags: artist entrepreneur, Artist Entrepreneur Fridays, artist entrepreneurship, Beth Barany, criminal law, Kelley Way, literary law,
Categories: artist entrepreneur, Author Career

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Source: http://www.writersfunzone.com/blog/2011/09/30/5-legal-mistakes-authors-make/

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Advertise your gaming ... - Playstation 3 game console review

Looking for a good way to advertise your site without having to spend an extra load of money? Well, Playstation 3 Game Console Review has an excellent way of distributing your information. There are several RSS feeds that Playstation 3 Game Console Review is subscribed to that are constantly updated with new content. On top of that, there are quality keywords, phrases, and topics that help to get major rotation on search engines such as Google, Yahoo, and Bing. With a first page ranking in normally the top 5, it?s easy to see visibility for your particular post meaning more backlinks and visitors to your site!!!! The webmaster takes personal time and effort to ensure that your particular page gets the proper kind of advertising and marketing that you deserve and has a hold on different press release sites (PRLog, PRWeb), Social Networking Sites such as Facebook, Twitter, Google +, and a host of other social bookmarking.

Blog Roll Links are no longer available, but blog posts with text links are acceptable and most recommended for deep search engine backlinks to your site as well as developing more keyword range so that specific words are searched to help you get extra visitors to your site!! Additionally, you can use banner ads to help get more click results to your page for your benefit!!! Simply email: jknowl204@gmail.com, or go to the Advertising page for more information! Use the PR3+ site to your advantage and give you the priority you need for your particular niche!

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Tips for Choosing a Retirement Community | Weight Watcher

Are you preparing for your retirement? As soon as you have determined that your finances are in great standing, you may be concerned with your living arrangements. Despite the fact that numerous retirees choose to stay right where they are, numerous more go for retirement home communities. If you are thinking about doing so, you will want to choose your retirement community prudently.

The first step in selecting a retirement community entails familiarizing yourself with all of your choices. Did you know that you have numerous choices? You do. Retirement communities come in numerous different formats.

Independent retirement communities and facilities are the most well-known option among retirees who are in good well being. These are establishments where you?re essentially on your own. It?s like you are simply renting an apartment. Frequently times, the only onsite staff members are office workers, maintenance workers, and security personnel. Numerous independent retirement communities are designed to offer you with ease of living. This includes making onsite activities, like exercise classes and arts and crafts, available.

Assisted living communities and facilities are ideal for retirees whose health is just starting to worsen. In the event you need help on occasion, an assisted living retirement community may be perfect for you. The assistance provided does vary, however you can get help with going for a walk outdoors, cooking, preparing for your day, or taking your medication.

Nursing homes and facilities are another retirement option for those poor in health. Nursing homes are basically hospitals with a more laidback atmosphere. They?re designed for individuals who cannot care for themselves. If you are searching for nursing homes, you?re likely a family member of the retiree, not him or her. When living in a nursing house, patients are provided with around-the-clock care. This is a nice alternative to living with family or constant home nurse care.

Continuing care retirement facilities and communities are another option that you have. This option is one that?s growing in popularity. Continuing care retirement facilities and communities basically provide residents with independent living, assisted living, and around-the-clock care, based on the resident?s needs. These facilities are great for retirees who are concerned with their health and finances. Yes, your health may be good now, but you will find no warranties with the future. Relocating and putting stress on your family isn?t advised. That?s why continuing care facilities are often suggested.

When making your retirement community and care decision, it?s essential examine your needs. Do you need help with day-to-day activities? Are you suffering from a debilitating disease that will only continue to get worse? If so, you should examine assisted living communities, nursing homes, or continuing care facilities.

Subsequent, examine your retirement community wants. Do you want to meet new people and build new friendships? If so, ensure that the retirement community or facility is well populated. Also, examine onsite activities, as they make it simpler to meet new people.

Finally, examine price and location. Always choose a retirement community that you can afford. If you are the relative of a retiree who requires care, make sure to keep quality in mind. Affordability is important, but not if quality must be jeopardized. As for place, select a retirement community that?s nearby your family. As you age, you will need the love and support of your family more.

If you want more information on Assisted Living Westminster Co, don?t read just rehashed articles online to avoid getting ripped off. Go here: Assisted Living Westminster Co

Source: http://www.weight-watchers-uk.com/2011/10/tips-for-choosing-a-retirement-community/

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Bettina Korek: PLAN ForYourArt: September 29-October 5

Each week ForYourArt brings you the best opportunities to SEE, COLLECT, LEARN, and SUPPORT art in Los Angeles and everywhere.

October 1st and 2nd mark the opening of Pacific Standard Time: Art in L.A. 1945-1980, an unprecedented collaboration of cultural institutions across Southern California coming together to celebrate the birth of the L.A. art scene.

ForYourArt has sifted through the exhibitions and pulled out the essentials, so you don't have to.

SATURDAY, OCTOBER 1

Art Fair Roundup
Downtown L.A.
Various Times
As well as the opening of Pacific Standard Time, there are many art fairs in Downtown Los Angeles this weekend. Art?Platform - Los Angeles will be held at L.A. Mart?through Monday, Co/Lab will be held at Angel City Brewing through Monday, PULSE will be held at the Event Deck at L.A. Live through Monday, Fountain Art Fair will be held at Lot 613 through Sunday, and Avant-L.A. will be held at 1837 South Main Street?adjacent to Art Platform through Monday.

Pacific Standard Time: Crosscurrents in L.A. Painting and Sculpture, 1950-1970
J. Paul Getty Museum, Exhibitions Pavilion (Brentwood)
10am-9pm
Opening day for this Pacific Standard Time exhibition, which leads viewers on a dynamic tour from the emergence of an indigenous strain of modernism evident in the hard-edge paintings, assemblage sculpture, and large-scale ceramics of the 1950s, to the subsequent development of iconic Pop images of the city in the 1960s, and the conceptual and material contributions of Light and Space art and process painting that fostered the advanced art of the 1970s.

Doin' It In Public: Feminism and at the Women's Building
Otis College of Art and Design (Westchester)
10am-5pm
Opening day for this Pacific Standard Time exhibition, which is comprised of an exhibition, two scholarly publications, and series of public events that document that contextualize and pay tribute to the groundbreaking work of feminist artists and art cooperatives that were centered in and around the Los Angeles Woman's Building (downtown L.A.) in the 1970s and 1980s.

Under the Big Black Sun: California Art 1974-1981 and?Theaster Gates: An Epitaph for Civil Rights
Geffen Contemporary at MOCA (Downtown)
11am-6pm
Opening day for the most comprehensive survey exhibition to date to examine the exceptional fertility and diversity of art practice in California during a transitional time in American history. Also opening is Gates' presentation of mixed-media sculptures and installation works that use a black non-aesthetic to explore urban blight and the potency of the Southern Christian Leadership Conference's campaign in Birmingham, Alabama, in May 1963, when hundreds of demonstrators were violently hazed by the county's police and fire departments.

Pacific Standard Time Participating Gallery Open House
Various locations
1-4pm
Join Pacific Standard Time Participating Galleries throughout the city and Southern California who will welcome visitors in celebration of the opening of Pacific Standard Time: Art in L.A. 1945-1980. Enjoy the opportunity to view their ambitious exhibitions that expand on the themes of this unprecedented collaboration. For more information and a map of the Participating Galleries, click here.

SUNDAY, OCTOBER 2

Trespass Parade
Broadway Ave. (Downtown)
11am
The historic Broadway Theater District in Downtown Los Angeles will erupt with Trespass, a parade where artists and residents will rally together to engage in art, music, dancing, floats, community activism, and performance. Trespass is a collaborative project between Arto Lindsay, Rirkrit Tiravanija, and West of Rome Public Art (WoR) that also includes a party and a T-shirt project with call-to-action slogans. Los Angeles art luminaries including John Baldessari, Barbara Kruger, Nancy Rubins, and Jeffrey Vallance produced calls to action expressing political or social concerns that will be worn on T-shirts during the parade.

Now Dig This!
Hammer Museum (Westwood)
11am-5pm
A comprehensive exhibition that examines the vital legacy of the city's African American visual artists. Now Dig This!?comprises 140 works from 35 artists that have rarely been shown in a museum setting and includes early pieces by now well-established artists as well as works once considered "lost."

For a full listing of Pacific Standard Time: Art in L.A. 1945-1980 related events this week, click here.

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Follow Bettina Korek on Twitter: www.twitter.com/ForYourArt

Source: http://www.huffingtonpost.com/bettina-korek/plan-foryourart-september_10_b_988135.html

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