Alan Dershowitz Explains How Lawyers Will Use A Different Approach for Gary Kaplan's Defense

[Hartley]

Dell I understand what you're saying but I still don't think someone like Dershowitz would agree to take a case he didn't think he had a chance of winning.

Don I don't think people worship BMs here, they are just sick and tired of a bunch politicians telling them how they should live their lives and what they should be doing with their money.

As a lawyer you likely look at the law and say that something is illegal and therefore the person has everything coming to them if he breaks the law. But sometimes if it's a bad law, the only way to change it is to fight it in court and show the politicians and courts why it is wrong and should be changed. It wasn't that many decades ago that a woman could be put in jail for breastfeeding in public.

[Michael Cash]

Lawyers take high profile cases that they can't win all the time. There is no way Kaplan walks on these charges. The doj has spent too much time and resources to let him walk.

Regardless of the game plan or the players involved there will be nothing that keeps Kaplan out of jail.

Listen, this is my business, I want a victory as bad as anyone regardless of how I feel about Kaplan or BOS or this entire industry. But the facts and history are clear, this dude is going down and there is no amount of legal wrangling that can save him.

[Dell Dude]

Originally Posted by Michael Cash

Lawyers take high profile cases that they can't win all the time. There is no way Kaplan walks on these charges. The doj has spent too much time and resources to let him walk.

Regardless of the game plan or the players involved there will be nothing that keeps Kaplan out of jail.

Listen, this is my business, I want a victory as bad as anyone regardless of how I feel about Kaplan or BOS or this entire industry. But the facts and history are clear, this dude is going down and there is no amount of legal wrangling that can save him.

Sharp post. Can anyone cite the most recent federal trial that was won by attacking the law itself or by jury nullification? The only one I know of is Susan McDougal on criminal contempt charges for refusing to testify to the grand jury against the Clintons and she had the entire media plus the entire Democrat spin machine behind her. Who does Craplan have? What is Ken Weitzner going to testify on his behalf?

[The Major]

Originally Posted by Don Eagleston

Personally, I hope Kaplan gets life without the possibility of parole. He is a sleazeball and I wish that Calvin Ayres would get the same punishment.
As a lawyer, I know that that the case will settle and Kappy will pay a huge fine and get a minimal or suspended sentence. It is all about the money. With apologies to Mr. Falcone, why are BMs such heroes on this site?

Don, how could you wish a life sentence on anyone for bookmaking? That shocks me.

Hartley, a wonderful article and a fantastic interview. Keep up the good work.

[Don Eagleston]

Major, on reflection, my proposed sentence is a bit harsh. This guy didn't kill anybody, but he likely ruin some lives although the bettor always has the option of not gambling.

Kudos to Hartley for getting an interview with Dershowitz. I agree with Alan that sports betting is a game of relative skill much like poker. Although luck decides many outcomes, the skilled capper should come out ahead in the long run while the bad capper has no chance long-term. The point Alan either seems to miss or avoid is that Kaplan did not operate a betting exchange. Kaplan was pitting his lines against the bettors and making huge profits. It strikes me as ironic that Dershowitz will argue that betting is a game of skill while Kaplan eliminated bettors who demonstrated any ability to pick winner. The Missouri court will not be bound by the outcome of JC's case in NY, but it will serve as mighty precedent. Agree with Dell that the outcome will be the same. A midwestern court is likely to view gambling as a greater evil that the Southern District of New York in which JC arguably stood the best chance of prevailing.

[Don Eagleston]

Finally, I believe I break the law every time I make a sports bet on the internet and, frankly, I guess I don't give a shit. A see little public sentiment to change the laws on this subject despite the proliferation of state- sponsored gambling. I don't even know anybody else who gambles on sports aside from fantasy leagues. IMO, a pro gaming candidate is not likely to garner much support. They can't even get slot machines at race tracks in Maryland and NJ (AC casinos won't allow the latter).

[StarnetGypsy]

Originally Posted by Don Eagleston

They can't even get slot machines at race tracks in Maryland and NJ (AC casinos won't allow the latter).

Firstly, Hartely ... great article/interview!

Also Don, Ohio has just passed legislation by a wide majority (26-7 in the Senate and 82-13 in the House) that machines which involve skill but have a payout of $10+ are illegal now. They do have a carevout tho that protects bowling alleys, "The new law will not apply to darts, billiards and bowling, but lawmakers disagreed over what kind of impact overall the law would have on the gaming industry."

The state lottery is still legal however.

Whenever a gaming business competes w/the state treasury for funds, it's shut-down. That was the impetus behind UIGEA, the Senators were protecting their state funds. Pretty basic, and spreading like cancer ...

[Dell Dude]

This defense would be good if a sports gambler was being charged with illegal gambling. For a bookie (offshore bookie to boot) who flouted US law and made millions upon millions while doing it, and someone who is not exactly a sympathetic character if these stories about him are true - you think a federal jury is going to acquit him? Good luck and God Bless Craplan. You are going down sir. No chance. Make a plea deal while you still can.

[T.Eastwood]

Excellent article Hartley.

I have spent a small amount of time in jail, and I think only violent criminals should be there for any large amount of time, because it was the worst time of my life and i had done nothing to hurt anyone.

[Don Eagleston]

And let's not forget that this asshole Kaplan ran with a large sum of bettors' money. I am sure that he is giving Dershowitz a large cash advance perhaps from bettors' money..

Regarding any punishment Kaplan gets, I note that Danny Kramer's cousin told me that Danny played the largest fine in the history of NY State but received no jail time. And Danny was allegedly fixing races at Yonkers. Of course, that was state and this is federal with arguably different interests at stake.

[seekanddestroy]

That's why you go with a "Local" guy who won't run out with your money ...sending money to nicaragua or costa rica is just saying good bye to your money. You say you know the receiver when they ask @ western union so your BEAT !