The perception of gambling as a crime is dwindling in America. But, laws still exist outlawing the practice. Those facing gambling charges or accusations need to know the latest up to date laws. The Law Office of James E. Crawford, Jr. & Associates, LLC criminal defense attorneys have all the current information about gambling and how it affects you, including:
- How gambling laws in Maryland have changed;
- The legality of March Madness office pools; and
- Federal or State: Who prosecutes illegal gambling charges?
Recent Gambling Law Changes in Maryland
Gambling has a long history in the great state of Maryland, thanks to horse racing. The second leg of the Triple Crown, The Preakness, has been run in Baltimore since 1873.
That’s 145 years of gambling on the ponies!
Gambling law changed in 2019. The Maryland General Assembly passed new legislation that decriminalized gambling in the state. Now, gambling is only a civil offense, without jail time or a criminal record.
Running an illegal gaming operation, however, is still criminalized and punishable by prison time and fines. (Think, underground poker games and casinos.)
Maryland’s gambling laws changed again in May of 2021 when Governor Larry Hogan signed the sports betting legislation into law. (Hello, DraftKings and FanDuel!)
Maryland NOW allows gambling on horse races, in casinos, lottery games, raffles, bingo, AND sports betting.
The new sports betting law allows licenses to bet on sports at the state’s six casinos, professional sports stadiums (M&T Bank, Camden Yards, FedEx Field), Pimlico and Laurel Park racetracks along with 30 additional in-person location licenses, and up to 60 mobile and online licenses.
As part of the bill legalizing sports betting in Maryland, sports gambling companies will pay 15% of their proceeds in taxes to the state, which will mostly go towards education.
Technically sports betting is legal, now that the bill is law, but a commission will be formed to review and grant licenses for sports betting operations. Lawmakers are hopeful to have operations up and running by the time the 2021 NFL season get underway.
And, if betting on sports is legal, then…
Are March Madness Office Pools and Football Squares Legal in Maryland?
Yes and No. Office pools and football squares games are illegal in Maryland outside of licensed sports betting operations. They could fall into illegal gaming operations. They will be legal at sports betting establishments.
“Football squares” games are against the law because they are private lotteries. Private lotteries violate both state and federal laws. They divert funds from state-sanctioned public lotteries. And, the activities could potentially cross state lines.
Yet, the likelihood of anyone in an office getting charged running a March Madness office pool is slim. There has never been a case tried in Baltimore.
These games are fun and entertaining, but the possible legal consequence makes them a risky venture – Particularly football square games. It’s best to wait until the licenses are granted and you can go place your bets on a March Madness pool or Super Bowl square game legally.
But, if you have the chance to participate in one, then it may be best to keep it to a close group of friends. Also, avoid using the Internet or online payment processors.
Another aspect to consider: Is the boss or office OK with a pool?
If you’re unsure, then bring it up with your human resources department before you start. HR will know if your boss will be alright with it, or if a coworker may be at odds with it because of a gambling addiction.
Fun office games are best kept quiet. (We know you’re going to play them, just keep it to the office and don’t use the Internet to run it or pay out winners.) The laws are here, so soon you won’t need the office to enjoy these games, you’ll get to do it at the casinos and the many other sports betting establishments that are coming.
So, what happens to someone charged with a gambling crime?
Gambling Charges: State, Federal, or Both?
As with many crimes, defendants can face either state- or federal-level charges – or both! But what situations will most likely trigger certain levels of charges?
Starting with state level charges, Maryland has undergone recent changes to gambling laws with sports betting becoming legal.
And, as we previously noted, gambling is only a civil offense as of 2019; running an illegal gambling operation is a misdemeanor.
Penalties for a gambling civil offense are fines ranging from $500-$1,000, depending on the amount of money wagered.
Running an illegal gambling house brings jail-time of up to a year, as well as fines of up to $5,000.
(It seems easy to see why no one in Baltimore has been charged for running an office pool lately – doesn’t seem to be worth prosecutors’ time.)
If a defendant is charged with gambling on the federal level, then the activity must cross state lines. That’s why federal gambling charges are often associated with online gambling.
Punishment for federal gambling convictions can be quite harsh.
|Illegal Online Gambling||Up to 5 years||N/A||Lifelong ban from gambling activities|
|Running an Illegal Gaming Operation||Up to 5 years for each organization run||N/A||N/A|
|Laundering Money through Gambling||Up to 20 years||$500,000 or twice the amount laundered||N/A|
|Running Gambling as part of other illegal operations||Up to 25 years||$250,000 or twice the illegal funds, whichever is higher||N/A|
If anyone conducts gambling without a license, it is illegal gambling. It can be prosecuted at either the state or federal level.
However, who prosecutes will generally depend on if it happened just in the state, or if it crossed state lines.
If just in the state, then only state charges are brought.
But, an organizer using an online payment processor to pay out gambling winnings may face federal prosecution.
Now, the likelihood of a person facing both levels of gambling charges is slim. In general, the more serious charges are pursued first, and the less severe follow.
In this case, federal prosecution would generally occur first. Then the state could prosecute, if and only if the federal charges did not gain a conviction. (In legalese, this situation is known as “dual sovereignty.”)
The Law Office of James E. Crawford, Jr. & Associates, LLC understands that with any law change in Maryland comes opportunity.
Convictions may need expunged or overturned altogether because of these law updates. Our Firm fights for the right of every Marylander to enjoy life to its fullest without potential hurdles due to legal issues.
Each case brings interpretation in nuance and circumstance. The criminal defense attorney’s at The Law Office of James E. Crawford, Jr. & Associates, LLC will listen carefully and lay out a possible plan to defend any accusation.