Gambling is defined as any activity in which a person risks or stakes something of value on a game or event with an uncertain outcome. In California, gambling is legal but there are certain acts involving gambling that are considered a crime. For example, if someone uses a fraudulent scheme to take money or property from another person through gambling, they may be charged with gambling fraud under PC 332.
If you have been charged with gambling fraud, we at Chula Vista Criminal Attorney can help. We specialize in defending individuals accused of gambling fraud and other fraud crimes in Chula Vista, California and we stand ready to help as well.
What is Gambling?
Gambling is the wagering of money or something of value on an event with an uncertain outcome, with the primary intent of winning money or material goods. There are different forms of gambling in California, from traditional card games and casinos to lottery and online betting. Some of the legal gambling activities available in the state include:
Card Rooms
Card rooms are legal in California and are a great option for those looking to enjoy some low-risk gambling. These rooms offer a variety of card games, including poker, blackjack, and other games of chance. The house takes a commission from the pot, which varies depending on the game, and players compete against one another for the pot. This type of gambling is regulated by the state of California and is legal in most counties.
Race Tracks
Race tracks offer another popular form of gambling in California. Horse racing is popular in the state and betting on the races is legal. Many different types of bets can be made, from straight bets on a single horse to more complicated bets on multiple horses. This type of gambling is also regulated by the state, and some race tracks also offer electronic gaming machines.
Casinos
Casinos are also legal in California, and they offer a wide variety of gambling options. Casino games include slot machines, video poker, blackjack, roulette, craps, and bingo. Casinos are regulated by the state and require gaming licenses.
Lotteries
Lotteries are also legal in California, though they are not as popular as some of the other forms of gambling in the state. Lottery games include Mega Millions, Powerball, and SuperLotto Plus. Lotteries are governed by the California Lottery Commission and are subject to state taxes.
What is Gambling Fraud?
Gambling fraud, also known as gaming fraud, is a criminal offense defined by California law as any act intended to deceive another person to gain an advantage in a game of chance. The offense is considered a white-collar crime and is punishable by a fine and/or imprisonment.
According to California Penal Code section 332, gambling fraud is defined as “knowingly and willfully engaging in conduct which is reasonably calculated to facilitate the commission of a felony involving gambling or other related offenses.” This means that if someone knowingly and willfully takes part in a scheme to commit a felony involving gambling, or other related offenses, he or she can be charged with gambling fraud.
Gambling fraud in California can take many forms, including cheating, dealing from the bottom of the deck, and lying about the odds of a game. Cheating is defined as using a device, object, or any other means to alter the outcome of a game of chance. Examples of cheating include the use of marked cards, loaded dice, and the use of a computer or other device to manipulate the game.
Dealing from the bottom of the deck is a form of gambling fraud in which a dealer secretly deals from the bottom of the deck to give an unfair advantage to a particular player. This is a form of fraud because it involves the dealer deliberately deceiving the other players to gain an advantage.
Finally, lying about the odds of a game is a form of gambling fraud in which a person intentionally misrepresents the chances of winning to encourage another person to gamble. This is a serious offense, as it can lead to people gambling more than they can afford to lose.
In California, gambling fraud is a serious offense that can carry significant penalties. The punishment for gambling fraud depends on the severity of the offense but can include fines, imprisonment, or both. In addition, those convicted of gambling fraud may also face civil liability, including repayment of money or property obtained through the fraud.
Types of Gambling Fraud Charges
Understanding the different types of gambling fraud charges in California can help people make informed choices and stay out of trouble.
The most common type of gambling fraud charge in California is bookmaking. This is when someone takes bets on sporting events or other gambling activities and then pays out the winnings. It is illegal to accept bets on any activity or event that is not regulated by the state. This includes online sports betting, as well as betting on anything else, such as horse racing or card games.
Fortune telling and free speech are also activities that fall under the category of gambling fraud. This means that if someone profits from another person's reliance on their predictions or advice, they can be charged with fraud. For example, if a fortune teller tells a person that they will win a certain amount of money from gambling and the person does not, the fortune teller could be charged with fraud. Similarly, if someone speaks about their success in gambling and encourages others to gamble, they can be charged with fraud if the other people lose money.
Another type of gambling fraud charge in California is rigging games. This involves altering the outcome of a game or lottery, such as using weighted dice or chips or marking cards. Anyone caught rigging games can face felony charges, as well as large fines and possibly even jail time.
Another type of gambling fraud charge in California is accepting payments from illegal operations. This includes taking money from individuals or businesses that are not operating legally. This could include taking money from a business that is not registered with the state or taking payments from someone who is running a gambling operation without a license.
Finally, gambling fraud can also include taking part in any kind of illegal activity related to gambling. This includes participating in illegal gambling activities or running an illegal gambling business. Anyone caught participating in illegal gambling activities can face serious charges, including large fines and possible jail time.
What Must the Prosecutor Prove in Gambling Fraud Charges?
To prove that the defendant engaged in gambling fraud, the prosecutor must present evidence such as testimony from witnesses, statements made by the defendant, financial records, or any other evidence that could help prove the elements of the crime.
The prosecutor must prove that the defendant engaged in an act of gambling. The prosecutor must prove that the defendant acted with the necessary intent. This means that the defendant must have had the specific intent to deceive or defraud the other person to gain an advantage. This intent can be difficult to prove, as it requires showing that the defendant was aware of the risk of being charged with a crime and still chose to commit the act anyway.
What are the Penalties for Gambling Fraud in California?
Gambling fraud is a serious crime in California and those who are convicted of this offense can face a variety of penalties, depending on the severity of the crime.
Misdemeanor Charges
In California, gambling fraud is usually charged as a misdemeanor. Those convicted of misdemeanor gambling fraud can face up to one year in county jail and/or fines of up to $1,000.
Felony Charges
Felony gambling fraud can be charged if the accused is accused of using pretenses to obtain money or property, or if the accused has been convicted of a similar offense in the past. Those convicted of felony gambling fraud can face up to three years in state prison and/or fines of up to $10,000.
Loss of Gambling Privileges
In addition to jail time and/or fines, those convicted of gambling fraud may also lose their gaming privileges. This could include the inability to obtain a gaming license or to participate in any gaming activity.
Probation
Some gambling fraud cases may also result in probation. Probation allows the accused to remain in the community, but they are typically required to complete certain conditions, such as community service, paying restitution, attending counseling, or completing an educational or vocational program.
Conditions for Probation
The following are some of the conditions of probation typically imposed on those convicted of gambling fraud in California:
- A defendant must pay all fines and restitution ordered by the court. Restitution is the payment of funds to reimburse gambling victims for their losses.
- A defendant must refrain from engaging in further gambling activities, either online or in person.
- A defendant must submit to random searches and seizures of his/her property. This includes searches of the defendant’s home, vehicle, and other places where gambling may be conducted.
- A defendant must attend and complete a gambling addiction treatment program. This may include individual and/or group counseling sessions.
- A defendant must stay away from all individuals and establishments involved with gambling activities. This includes all casinos, racetracks, and other gambling establishments.
Defenses to Gambling Fraud Charges
Gambling fraud is a serious offense in the state of California, as it is in most states. As such, defendants facing gambling fraud charges should be aware of the possible defenses they may have at their disposal.
One of the most common defenses to a gambling fraud charge is lack of intent. This means that a defendant must prove that he or she did not intend to commit the crime. This can be a difficult defense to make in a court of law, as the prosecution will typically argue that the defendant had the requisite intent.
Another potential defense is a mistake of fact. This defense is based on the argument that the defendant was unaware of the facts at the time the offense was committed. For example, if a defendant accused of using false weights or measurements was unaware of the fact that the weights or measurements were incorrect, this defense could be used.
A third potential defense is a lack of materiality. This defense is based on the argument that the act committed by the defendant did not impact the outcome of the gambling activity. This can be difficult to prove, as the prosecution will typically argue that the defendant’s actions did have a material effect on the outcome.
Finally, a defendant may also be able to use the defense of duress. This defense is based on the argument that the defendant was forced to commit the crime due to some external pressure, such as threats of violence or intimidation. This is another difficult defense to make, as the prosecution will likely argue that the defendant had the opportunity to choose not to commit the offense.
Options to Consider After a Gambling Fraud Arrest
If you have been arrested for a gambling fraud offense, it is important to understand the potential consequences and explore your legal options. Depending on the severity of the offense, you may have several options to consider that could help minimize your punishment.
Understand your Charges
The first step in dealing with a gambling fraud arrest is to understand the charges. Different states have different laws and penalties for gambling fraud, so it is important to know exactly what you are being charged with. In addition, you need to understand the elements of the crime that the prosecutor must prove to get a conviction. This information can help you decide which legal options to pursue.
Hire a Lawyer
The next step is to hire an experienced lawyer who is familiar with gambling fraud cases. A lawyer can help you understand the charges, the potential penalties, and the legal options available to you. A lawyer can also help you negotiate a plea deal or fight the charges in court.
Plea Bargain
If you are facing serious charges and a lengthy jail sentence, your lawyer may be able to negotiate a plea bargain. In a plea bargain, you agree to plead guilty to a lesser charge in exchange for a lighter sentence or a sentence that is suspended. This is a good option if you are willing to accept responsibility for your actions and want to avoid a lengthy prison sentence.
Trial
If you decide to fight the charges in court, your lawyer can represent you in the trial. Your lawyer will present a legal defense and try to prove that the prosecution has not proven its case beyond a reasonable doubt. This is a risky option, as the prosecution has the burden of proof and you could be found guilty and face a lengthy prison sentence.
Offenses Related to Gambling Fraud
Some of the offenses related to gambling fraud under California law include:
PC 330- Illegal Gambling
California Penal Code 330 (PC 330), makes it a crime to organize, run, or be involved in illegal gambling activities. This includes activities such as running an unlicensed cardroom or casino, betting on sports, and taking part in online gambling. PC 330 is designed to prevent the spread of illegal gambling operations and protect the public from the dangers associated with gambling activities.
Under PC 330, it is illegal to maintain, operate, or be involved in an illegal gambling business or to knowingly advance or profit from such illegal activity. This includes activities such as hosting a card game in a public place, running an unlicensed casino, or taking bets on sports teams. Additionally, it is illegal to act as a bookmaker, which is defined as a person who accepts bets on sporting events or other activities.
To be convicted of a violation of PC 330, prosecutors must prove that the defendant had knowledge of the gambling activity and that he or she was either actively involved in its operation or profited from the activity. The prosecution must also prove that the defendant intended to advance or profit from the activity.
Those convicted of a violation of PC 330 face up to six months in county jail and/or a fine of up to $1,000. Additionally, those involved in illegal gambling activities can face additional charges, such as money laundering and fraud, which can lead to more serious penalties.
PC 337a - Bookmaking, Pool-selling, and Wagering
Bookmaking, pool-selling, and wagering are all activities that involve betting on sports and other events. In California, these activities are governed by Penal Code 337a. This law outlines the various restrictions, penalties, and exemptions for these activities.
Bookmaking is the practice of taking bets on the outcome of sporting events. It is illegal in California to conduct bookmaking or accept bets from anyone. It is also illegal to publish or advertise any bookmaking activities. The penalties for engaging in bookmaking can range from a fine of up to $5,000 to imprisonment for up to a year.
Pool-selling is the practice of selling entries into a pool of players for a chance to win a prize. It is illegal in California to conduct pool selling without a valid license. The penalties for engaging in pool-selling can range from a fine of up to $10,000 to imprisonment for up to a year.
Wagering is the practice of betting on the outcome of a sporting event. It is illegal in California to conduct wagering without a valid license. The penalties for engaging in wagering can range from a fine of up to $20,000 to imprisonment for up to two years.
Penal Code 337a also outlines various exemptions for these activities. For example, the law allows for pari-mutuel wagering, which is a form of wagering in which all the money wagered on a particular event is pooled and then distributed to the winners. It also allows for certain types of fantasy sports leagues, which are games that involve selecting players from actual teams and then competing against other players to see who can accumulate the most points.
PC 476 - Check Fraud
Check fraud is a serious crime that is punishable in the state of California. It is defined as a person who “knowingly passes, utters, presents, or attempts to pass, utter, or present a check, draft, or order for the payment of money, knowing that it will not be honored by the drawee.” (California Penal Code Section 476).
Check fraud can take many forms, from the use of stolen or counterfeit checks to the alteration of existing checks to the forging of signatures. It can also involve the use of fictitious or altered identification or the use of false or altered bank information.
The penalties for check fraud can vary depending on the circumstances of the crime. Generally speaking, if the amount of the check is less than $400, the maximum punishment is a fine of up to $1,000 and/or up to one year in jail.
If the amount of the check is between $400 and $950, the maximum penalty is a fine of up to $10,000 and/or up to three years in jail. If the amount of the check is over $950, then the maximum penalty is a fine of up to $10,000 and/or up to five years in prison.
In addition, the court may require the offender to pay restitution to the victim of the fraud. In addition to criminal penalties, check fraud is also a civil offense. Victims of check fraud may be entitled to recover damages from the fraudster, including the face value of the check, any interest or fees incurred, and any other losses suffered due to the fraud.
Find a Criminal Defense Attorney Near Me
A conviction under penal code 332 can have serious consequences including jail time, fines, restitution, and probation. It is important to have an experienced criminal defense attorney by your side if you are facing similar charges. At Chula Vista Criminal Attorney, we are always ready to provide legal representation to our clients in Chula Vista, California. Call us today at 619-877-6894.