Legality of NCAA office pools?

[TheFied]

I have put together a pool with some friends. For cash. But there is no cut/rake to run the thing. All money goes to the winners. Hell, I'm in another 3 or 4 ones for cash too.

My understanding is that is legal. My understanding is it becomes illegal when someone takes a cut or % to run/put together the thing.

Right? There was an article on the Statesman yesterday but I never saw it spell out what would make it illegal.

 

[AstroVol]

Betting on sports at any level is illegal almost everywhere in the US except Vegas and maybe Atlantic City.

However, assuming you're not running a crazy pool website with thousands of participants, there's virtually no chance that you would be punished, even if you walked into the IRS and confessed the whole thing to them.

 

[TexLaw04]

I work at a law firm. We have a pool every year.

It's actually a hazy area of the law because it's not "bookmaking" per se because, as you indicated, no one gets a cut of the pot for running the pool. But it is a form of "gaming." Still, no one's coming after you. I believe the IRS, other federal agencies, and other law enforcement have said it's not worth their time to prosecute any of these. There is also no private right of action, as far as I know, for an individual to sue someone for running these, which is why you don't see people who lose money suing everyone for it (you can be sure that ambulance-chasing plaintiff's firms would be all over this if they could).

 

[cochamps]

Ask Rick Neuheisel.

 

[Fievel121]

In reply to:

---

---

 

[SchertzHorn]

So if you work for the NCAA, don't do it.

 

[Garibaldi]

Or at least, don't get caught

It's kinda like recruiting in a way

 

[mishatx]

In reply to:

---

---

 

[whereiend]

In reply to:

---

---

 

[L.A.Longhorn]

I'm reffing a first round game...should I pull out of my bracket for taking the underdog to cover the spread?

 

[TheFied]

I am 99% certain that home poker games are legal even with money involved as long as their rake and no charge to play.

 

[Vol Horn 4 Life]

In reply to:

---

---

 

[TheFied]

vol horn, see that is what I thought as well, it is legal if there is no rake/no fees that anyone pockets. But upon reading the article in the statesman, I questioned that. Hell, I am going to do it regardless I just thought it was on the up and up.

 

[LobWedgePhil]

It's not illegal to place a bet, but it is illegal to take one. The office pools are not legal, because they represent some sort of gaming syndicate, but they are not really enforceable either.