Sunday, December 25, 2011

Lottery Director Gordon Mendenica please immediately ask

 Attorney General Eric Schneiderman for a (free) OPINION. LOTTO PLAYERS SHOULD BE ABLE TO BUY AND/OR CASH LOTTO TICKETS AT NASSAU OTB 365 DAYS OF THE YEAR!
Attorney General Eric Schneiderman will likely tell us that Attorney General Eric Schneiderman  won't defend the constitutionality of NY PML Sec 105 and that it does not even apply to Nassau OTB. You are of course free to go to Church with Andrew Cuomo if you wish while others buy and cash lottery tickets, bet horses, or just plain old work while the employer is still in business. Remember NYC OTB? Its workers were paid double time for working on any Sunday that they chose to work. Former NYC OTB Manager Barry Yomtov kept a paying gig when NYC OTB died by arranging a merger without a vote by members of Teamsters Local 858 with Local 707 in return for Barry Yomtov become a Business Agent of Local 707.












December 24, 2011

Ruling by Justice Dept. Opens a Door on Online Gambling

WASHINGTON — The Justice Department has reversed its long-held opposition to many forms of Internet gambling, removing a big legal obstacle for states that want to sanction online gambling to help fix their budget deficits.
The legal opinion, issued by the department’s office of legal counsel in September but made public on Friday, came in response to requests by New York and Illinois to clarify whether the Wire Act of 1961, which prohibits wagering over telecommunications systems that cross state or national borders, prevented those states from using the Internet to sell lottery tickets to adults within their own borders.
Although the opinion dealt specifically with lottery tickets, it opened the door for states to allow Internet poker and other forms of online betting that do not involve sports. Many states are interested in online gambling as a way to raise tax revenue.
New York has offered an online subscription service since 2005 that allows state residents to enter a string of Lotto or Mega Millions drawings.
The director of the New York Lottery, Gordon Medenica, said Saturday that the lottery had built a broader online gaming system for New York, but that the contractor that put the system together was wary about moving forward because it feared it could get into legal trouble.
“We’ve been waiting for a couple years,” Mr. Medenica said in a telephone interview. “We’re thrilled that this ruling has now come down and confirmed that our legal analysis was correct all along.”
As a result of the new policy, New York Lottery officials said they planned to add two additional jackpot games, Powerball and Sweet Million, to its current online lottery subscription service, and would allow New York residents to buy single-draw tickets online for the first time.
Mr. Medenica said it would take several months for the lottery to finalize the new offerings, and he said officials would “take a very cautious initial approach” in rolling out additional online options.
Michael Jones, the superintendent of the Illinois Lottery, said the request for clarification was prompted by research the state commissioned several years ago that indicated online sales could drive up participation. “When you look at the Internet, which is what everybody uses these days to buy everything, it seemed like a very, very logical thing to use the Internet to increase the player base,” Mr. Jones said. “States were in dire financial problems — the ability to use the lottery to raise revenue in a nontax way was a significant thing for states to do.”
He also said that online sales would enable the lottery to regulate purchases. “Right now we can’t guard against someone walking into a lottery retailer and buying too many tickets and behaving excessively,” Mr. Jones said. “Now with credit card purchases, we can guard against excessive play.”
Illinois could begin selling lottery tickets online in as soon as three months, he said.
The District of Columbia and Nevada have both approved limited forms of Internet gambling, and New Jersey has been considering legislation allowing sports betting and other forms of Internet gambling.
Steven Grossman, the Massachusetts state treasurer and the chairman of the state’s Lottery Commission, called the opinion a “turbocharged opportunity to engage new markets.”
“This will put additional pressure on Congress and others to allow online poker and other Internet gambling,” Mr. Grossman said.
Estimates of the size of the online gambling industry vary widely, from as low as $6 billion to as high as $100 billion. But even at the lower end, Mr. Grossman said, “that’s tens of billions of dollars that goes offshore.”
In a separate request in July, Senators Harry Reid, Democrat of Nevada, and Jon Kyl, Republican of Arizona, asked the Justice Department to clarify its position on Internet gambling, seeking either to affirm that federal law prohibits gambling over the Internet or to make sure that Congress has a role in drafting any expansion of online betting.
In a reply letter that was also issued Friday, the Justice Department said that while the new policy “differs from the department’s previous interpretation of the Wire Act, it reflects the department’s position in Congressional testimony at the time the Wire Act was passed in 1961.”
The new policy merely reverses the Justice Department’s longstanding position that all forms of online gambling are illegal in the United States. It does not necessarily pave the way for national rules governing online gambling.
But experts in gambling law said Saturday that the new policy does imply that states can band together to allow gambling across state borders. The exception would be online sports betting, which is explicitly prohibited under federal law.
“The next step,” said Mark Hichar, a partner and head of the gaming law group at the law firm Edwards Wildman in Boston, “could be for states to enter into compacts with each other to have interstate Internet wagering,” as some do now for horse racing.
The decision was cheered by states that have been contemplating gambling for the first time. But some gambling interest groups, like the American Gaming Association, which represents casino operators and makers of gambling equipment, said the opinion makes clear the need for a federal law establishing consistent regulatory standards.
“This is quite a Christmas present,” said I. Nelson Rose, a distinguished senior professor at Whittier Law School and a consultant to gambling companies and governments. “It says, ‘Keep it in your state and it’s legal.’ Given the continuing budget crisis, and so many states looking for ways to raise money, it’s really a major decision.”
Virginia A. Seitz, an assistant attorney general in the Justice Department’s office of legal counsel, wrote in the opinion that the prohibition in the Wire Act of using interstate communications for gambling applies only to betting on a “sporting event or contest.”
As long as the gambling operator and the customer are within the same state, the opinion says, and the betting activity does not include sporting events, a state’s own laws apply. Another federal law, the Unlawful Internet Gambling Enforcement Act of 2006, made it illegal for financial institutions to process payments for online wagers.
Taken together, the two laws allowed the Justice Department to invoke its authority over interstate communications as a means of blocking all Internet gambling.
Online gambling has been a focus in the Justice Department for years, but it burst into public view in April, when federal prosecutors charged the operators of three of the most popular online poker sites with fraud and money laundering.
The three sites, Full Tilt Poker, PokerStars and Absolute Poker, are based in Antigua and the Isle of Man, where online gambling is legal. That had made it difficult for American authorities to crack down on the operations, which had millions of United States customers.
But the Justice Department charged that the companies had used United States banks to process their transactions, violating the 2006 law that governed payment processing.
Those payment restrictions do not apply to transactions within a single state, however. With the ruling that the Wire Act applies only to sports betting, the way is clear for in-state online poker and other games.
Some gambling experts believed that the Justice Department’s position that the Wire Act prevented any Internet gambling conflicted with a federal appeals court decision, and therefore the new opinion simply confirmed what was already law.
But states have been reluctant to rely on the appeals court decision, handed down in 2002 by the United States Court of Appeals for the Fifth Circuit in New Orleans, because, in addition to the Justice Department’s continued crackdown, other federal and state court opinions offered conflicting directions.
The Justice Department previously tried to crack down on Internet gambling by going after companies that facilitated advertising for the gambling sites. In December 2007, Microsoft, Google and Yahoo paid a combined $31.5 million to settle federal charges that they promoted illegal gambling by serving ads for the gambling operations to other Web sites.
Elizabeth A. Harris, Thomas Kaplan and Sarah Maslin Nir contributed reporting from New York.









Subject: Public Comment/Petition December 21st Meeting of the New York Racing and Wagering Board

PUBLIC COMMENT/PETITION DECEMBER 21st MEETING OF THE NEW YORK RACING AND WAGERING BOARD

Ignorance of the law is no excuse. A premeditated, willful, vicious and/or  malicious failure by Governor Andrew Cuomo, the New York Racing and Wagering Board, OTB Presidents and elected and appointed officials of the State of New York to  ask the New York State Attorney General for a FREE FORMAL OR INFORMAL OPINION is worse than ignorance of the law.

Introduction to Opinions - The New York State Attorney General

You +1'd this publicly. Undo
Introduction to Opinions. This Website contains the Opinions of the Attorney General issued since 1995. Opinions are issued in response to requests by state ...



"We ought to get rid of the old myth that you're presumed to know the law," said Rep. John Conyers (D., Mich.), a member of the subcommittee.

Criminal Code Is Overgrown, Legal Experts Tell Panel - WSJ.com

online.wsj.com/.../SB1000142405297020433610457709685200460...Cached
Not helpful? You can block online.wsj.com results when you're signed in to search.online.wsj.com
You +1'd this publicly. Undo
The federal criminal code has grown so large it ensnares everyday citizens who have no idea they are violating the law, ... U.S. NEWS; DECEMBER 14, 2011 ...

I again ask the New York Racing and Wagering Board to ask the Attorney General for a FORMAL OPINION regarding NY PML Sec 105.

1. NY PML Sec 105 does not apply to the OTBs.
2. NY PML Sec 105 is not constitutionally defensible.
3. NY PML Sec  105 violates the rights of New York State Bettors secured by NYConst. Art. 1, Sec. 3.
4. NY PML Sec 105 is vague, indefinite and/or overly broad. The Gregorian and Julian Calendars define different Sundays to be "Easter Sunday" in 2012 and in other years.




I have asked Lindenhurst Deputy Mayor and Trustee Kevin McCaffrey  via email villageboard@villageoflindenhurst.com to  ask  Attorney General Eric Schneiderman for an Opinion.  Kevin McCaffrey is also President of Teamsters Local 707 which merged with Teamsters Local 858 without providing Local 858 Members with a a copy of the Merger Agreement and related documents.  Teamsters Local 858 represented the Managers of  New York City OTB and employees of Nassau OTB. Upon the merger of  Local 858 and Local 707 former Local 858 President Barry Yomtov  became a "Business Agent" for Teamsters Local 707. Unlike Kevin McCaffrey, Barry Yomtov has no standing to ask the Attorney General for an Opinion.  Nassau OTB has considerable outstanding liabilities. See eg.

Extension for Nassau in OTB suit

Not helpful? You can block www.newsday.com results when you're signed in to search.www.newsday.com
You +1'd this publicly. Undo
Extension for Nassau in OTB suit. Originally published: November 29, 2011 2:58 PM Updated: November 29, 2011 3:39 PM By YANCEY ROY ...

Dear Deputy Mayor and Village Trustee Kevin McCaffrey:

Please immediately ask Attorney General for an OPINION to resolve the following questions first raised by the Counsel for New York City OTB:

1. NY PML Sec 105 does not apply to the OTBs.
2. NY PML Sec 105 is not constitutionally defensible.
3. NY PML Sec  105 violates the rights of the bettors of Lindenhurst and the State of New York secured by NYConst. Art. 1, Sec. 3.
4. NY PML Sec 105 is vague, indefinite and/or overly broad. The Gregorian and Julian Calendars define different Sundays to be "Easter Sunday" in 2012 and in other years.

As you know Barry Yomtov and New York City OTB employees were paid double time for working on any Sunday.
Nassau OTB employees are paid time and a half for working on any Sunday.

New York City OTb has died in bankruptcy and Suffolk OTB has filed for and been denied bankruptcy.
Barry Yomtov was unable to obtain an Attorney General Opinion when he was President of Teamsters Local 858 because he had no standing to ask for one.

People should be free to work or not as they wish while they still have jobs. The OTBs are public benefit corporations and the fiscal condition of the State and its subdivisions is  apparently "functionally bankrupt."

Your prompt attention to this matter is appreciated.

Sincerely yours,

December 15, 2011

Open On 1st Palm Sunday, Otb Rakes In $2m - New York Daily News

articles.nydailynews.com/.../18220335_1_racing-and-wagering-boar...Cached
You +1'd this publicly. Undo
Open On 1st Palm Sunday, Otb Rakes In $2m. BY JERRY BOSSERT DAILY NEWS SPORTS WRITER. Monday, April 14, 2003. New York City Off-Track Betting ...

NY PML

    §  105. Supplementary regulatory powers of the board.  Notwithstanding
  any inconsistent provision of law,  the  board  through  its  rules  and
  regulations  or  in  allotting  dates  for  racing  or in licensing race
  meetings at which pari-mutuel betting is permitted  shall  be  empowered
  to:  (i)  permit racing at which pari-mutuel betting is conducted on any
  or all dates from the first day of January through the thirty-first  day
  of December, inclusive of Sundays but exclusive of December twenty-fifth
  and  Palm  Sunday  and  Easter  Sunday; and (ii) fix minimum and maximum
  charges for admission at any race meeting.
  
NY Const. Art. 1,

   §  3.  The  free  exercise  and  enjoyment of religious profession and
  worship, without discrimination or preference, shall forever be  allowed
  in  this  state  to  all  humankind;  and  no  person  shall be rendered
  incompetent to be a witness on account of his or her opinions on matters
  of religious belief; but the liberty of conscience hereby secured  shall
  not  be  so  construed  as  to excuse acts of licentiousness, or justify
  practices inconsistent with the peace or safety of this state.
  

Introduction to Opinions - The New York State Attorney General

You +1'd this publicly. Undo
Introduction to Opinions. This Website contains the Opinions of the Attorney General issued since 1995. Opinions are issued in response to requests by state ...
Sunday, April 1, 2012
Live Racing


Track 
Code
Track Name
Entry
Scratch
1st Post  
ET
1st Post  
Local
Time  
Zone
Stakes Race(s)
Stakes
Grade
T.V.
Indicator
FG
72
0
1:40 PM
12:40 PM
CDT
Louisiana Derby
2








Costa Rising Stakes









Crescent City Derby









New Orleans Handicap
2








Bayou St. John Stakes









Duncan F. Kenner Stakes









Mervin H. Muniz Jr. Memorial Handicap
2

FON
48
0
2:30 PM
1:30 PM
CDT



GG
48
24
3:45 PM
12:45 PM
PDT



GP
72
0
12:35 PM
12:35 PM
EDT



HAW
72
0
2:30 PM
1:30 PM
CDT



LA
72
48
8:00 PM
5:00 PM
PDT



MNR
72
48
7:00 PM
7:00 PM
EDT



OP
48
0
2:30 PM
1:30 PM
CDT
Arkansas Breeders' S.


PRX
120
96
12:25 PM
12:25 PM
EDT



RP
48
0
2:30 PM
1:30 PM
CDT



SA
72
24
3:30 PM
12:30 PM
PDT



SUN
120
24
2:45 PM
12:45 PM
MDT
SPRC Claiming S.


TAM
48
0
12:25 PM
12:25 PM
EDT



TP
72
24
1:10 PM
1:10 PM
EDT



TUP
120
0
4:00 PM
1:00 PM
MST




Sunday, April 8, 2012
Live Racing


Track 
Code
Track Name
Entry
Scratch
1st Post  
ET
1st Post  
Local
Time  
Zone
Stakes Race(s)
Stakes
Grade
T.V.
Indicator
GG
48
24
3:45 PM
12:45 PM
PDT



GP
72
0
12:35 PM
12:35 PM
EDT
Wait a While S.


RP
48
0
2:30 PM
1:30 PM
CDT



SA
72
24
3:30 PM
12:30 PM
PDT
Santa Lucia S.


SUN
120
24
2:45 PM
12:45 PM
MDT



WO
72
24
1:00 PM
1:00 PM
EDT





Sunday, April 15, 2012
Live Racing


Track 
Code
Track Name
Entry
Scratch
1st Post  
ET
1st Post  
Local
Time  
Zone
Stakes Race(s)
Stakes
Grade
T.V.
Indicator
AQU
72
0
1:00 PM
1:00 PM
EDT



FON
48
0
2:30 PM
1:30 PM
CDT



GG
48
24
3:45 PM
12:45 PM
PDT



HAW
72
0
2:30 PM
1:30 PM
CDT



HST
96
0
4:50 PM
1:50 PM
PDT



KEE
48
0
1:15 PM
1:15 PM
EDT



LA
72
48
8:00 PM
5:00 PM
PDT



LS
72
0
2:35 PM
1:35 PM
CDT



MNR
72
48
7:00 PM
7:00 PM
EDT



PRX
120
96
12:25 PM
12:25 PM
EDT



RP
48
0
2:30 PM
1:30 PM
CDT



SA
72
24
3:30 PM
12:30 PM
PDT
La Puente S.


SUN
120
24
2:45 PM
12:45 PM
MDT
Sunland Park H.


TAM
48
0
12:25 PM
12:25 PM
EDT



TUP
120
0
4:00 PM
1:00 PM
MST



WO
72
24
1:00 PM
1:00 PM
EDT


















DEC. 25, 2011
WEBSITE INFO  HELP  CONTACT US  RETAILERS     



Lottery Management Team

Gordon Medenica
Gordon Medenica was appointed Director of the New York Lottery by the Governor on September 18, 2007. As Director, Medenica serves as the chief executive officer of a $7.9 billion organization whose mission is to earn revenue for education in New York State. Under his leadership, the NY Lottery has set new revenue records every year. The New York Lottery is the largest and most profitable state lottery in North America, generating a record $3 billion in education funding in the past year. Before coming to the Lottery, Medenica had been a longtime executive at The New York Times Company, serving as a member of the Management Committee of the company, as head of strategic planning, corporate communications, and as Group Publisher of several of its sports magazines. More recently, he was the Executive Vice President of Philadelphia Media Holdings, LLC, an owner of the Philadelphia Inquirer and Daily News. Prior to that, Medenica acted as an independent advisor to the Balckstone Group on newspaper acquisitions, and as the President and CEO of DornaUSA, a sports marketing company. Earlier, Medenica was a Senior Analyst at the Marriott Coporation. Medenica earned his A.B. from Harvard College, where he majored in government, and his M.B.A. from Harvard Business School.

Gardner Gurney
Deputy Director and Chief Operating Officer Gardner Gurney has been with the New York Lottery over 22 years. From the start of his career in Internal Audit, Gurney’s experience includes staff and management positions in the budget/finance and operational areas of the New York Lottery and lottery industry. Gurney currently has direct oversight of Financial Management, Gaming Operations, Computer Services and Lottery Drawings. Before coming to the Lottery, Gurney worked as a manager in the commercial lending and retail industries. Gurney is a U.S. Air Force veteran, and received his Bachelor’s degree from Husson College in Bangor, Maine.

Bill Murray
Bill Murray was appointed Deputy Director and General Counsel of the New York Lottery in 2007. His responsibilities include legal and legislative affairs, human resources, licensing, security, regulation and compliance. This is the second time he has served on the Lottery’s staff. Previously, he was the Lottery’s Counsel from 1988 to 1999. He has been the Legislative Counsel for the New York State Comptroller and Assistant Counsel for the State Department of Economic Development, and he was in private practice on Wall Street and in Saratoga Springs and Albany. Before his legal career, he was a member of the 1971 team that started the nation’s first off-track betting program in New York City and served in the U.S. Army. He has a BA from Queens College of the City University of New York and a J.D. from the Fordham University School of Law.

Randall Lex
Randall Lex joined the New York Lottery in 2002 to oversee the development and deployment of eight video gaming casinos representing more than 13,000 video gaming machines statewide. Following his success with the Lottery’s video gaming operations, Lex made the transition to the Lottery’s traditional gaming business where he now serves as Director of Marketing and Sales with oversight of the Lottery’s marketing, advertising, and promotional efforts and managerial responsibility for more than 180 sales and marketing professionals statewide. Mr. Lex has an A.A.S in Engineering and a B.S. in Communications.

Carolyn Hapeman
Carolyn Hapeman is a communications professional with experience in both the public and private sectors. Ms. Hapeman joined the New York Lottery in 2000 as Director of Communications. She now serves as Director of Education and Community Relations with direct oversight of the Lottery’s winner awareness program and responsible gaming outreach efforts. She is the former president of the New York State Internal Control Association and a published author on the subject of internal controls. Ms. Hapeman has a B.A. in Mass Communications from St. Bonaventure University and an M.A. in Public Communications from the College of Saint Rose.





No comments:

Post a Comment