A recent opinion issued by the U.S. Department of Justice (DOJ) brought New Jersey residents one step closer to being able to participate in legal online gaming. In order for the games to begin, however, the State Legislature will need to pass a bill that Gov. Christie believes satisfies state constitutional requirements.
On Dec. 23, 2011, the Office of Legal Counsel, within the DOJ, issued a surprise “memorandum opinion” addressing the application of the Wire Act (18 U.S.C. § 1084) to wagering that does not relate to a “sporting event or contest.” In the opinion, the Office of Legal Counsel (which is primarily responsible for providing senior legal advice to the attorney general himself, as well as to the president and his administration) concluded that the Wire Act’s prohibition on the use of interstate transmissions of wire communications involved in betting or wagering applied only to betting or wagering related to a “sporting event or contest.”
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