Banking Associates React to Online Casinos Ban
Opposition to proposed regulations released by the United States Treasury
Department is fierce, and leading the pack are financial institutions and
national banking associations. The American Banking Association sent a letter of
opposition to the Treasury Department in response to the release of a set of
proposed regulations that would really give teeth and enforceability to the U.S.
online casinos gambling ban – the Unlawful Internet Gambling Enforcement Act.
The UIGEA regulations were due to be published months ago, but the fact is, the
U.S. governmental agencies have had a hard time finding an enforceable set of
guidelines that do not overburden the U.S. banking industry.
According to the ABA’s report outlining concerns with the released online
casinos regulations, the "ABA believes that the proposal, in large part due to
the nature of the statute itself, will fail to create a practical process for
intercepting prohibited conduct that maintains an efficiently functioning
payments system." There are concerns among many opposed to the online casinos
gambling ban that banks will in turn block even legal forms of internet gambling
as a way to ensure compliance. The report touches on this issue, the “UIGEA will
in the end catch more banks in a compliance trap and do greater damage to the
competitiveness of the American payments system, than it will stop gambling
enterprises from profiting on illegal wagering."
That is just the tip of the iceberg though where the ABA is concerned, the
groups report continues with an even stronger point-of-view concerning the
“fundamentally flawed” UIGEA. The report concluded, "In other words, in the view
of the drafters of the legislation, all the sophistication of the FBI, Secret
Service, and other police computerized detection systems and investigative
expertise devoted to fighting terrorism and financial crime are inadequate to
the task of apprehending the unlawful gambling business or confiscating its
revenues. ABA believes that punting this obligation to the participants in the
U.S. payment system is an unprecedented delegation of governmental
responsibility with no prospect of practical success in exchange for all the
burden it imposes."
There are some serious flaws that the ABA feels need to be thoroughly considered
and rectified “before effective implementation of the UIGEA can even be
contemplated,” noted the ABA report. Right now the governmental agencies are
using vague language regarding what specific online casinos gambling activities
are illegal, and even vaguer descriptions of how the banks are supposed to
filter out banned transactions versus the legal transactions.
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