HALOTTO site being forced down!

[rich333]

I see no regulation specific to internet hosting of a lottery site although, an aggressive attorney could probably make some sort of case. Alot of work for a class A misdemeanor. I think enough calls of threats probably coerced the host to change his mind.



TEXAS PENAL CODE



CHAPTER 47. GAMBLING



§ 47.01. DEFINITIONS. In this chapter:
(1) "Bet" means an agreement to win or lose something
of value solely or partially by chance. A bet does not include:
(A) contracts of indemnity or guaranty, or life,
health, property, or accident insurance;
(B) an offer of a prize, award, or compensation
to the actual contestants in a bona fide contest for the
determination of skill, speed, strength, or endurance or to the
owners of animals, vehicles, watercraft, or aircraft entered in a
contest; or
(C) an offer of merchandise, with a value not
greater than $25, made by the proprietor of a bona fide carnival
contest conducted at a carnival sponsored by a nonprofit religious,
fraternal, school, law enforcement, youth, agricultural, or civic
group, including any nonprofit agricultural or civic group
incorporated by the state before 1955, if the person to receive the
merchandise from the proprietor is the person who performs the
carnival contest.
(2) "Bookmaking" means:
(A) to receive and record or to forward more than
five bets or offers to bet in a period of 24 hours;
(B) to receive and record or to forward bets or
offers to bet totaling more than $1,000 in a period of 24 hours; or
(C) a scheme by three or more persons to receive,
record, or forward a bet or an offer to bet.
(3) "Gambling place" means any real estate, building,
room, tent, vehicle, boat, or other property whatsoever, one of the
uses of which is the making or settling of bets, bookmaking, or the
conducting of a lottery or the playing of gambling devices.
(4) "Gambling device" means any electronic,
electromechanical, or mechanical contrivance not excluded under
Paragraph (B) that for a consideration affords the player an
opportunity to obtain anything of value, the award of which is
determined solely or partially by chance, even though accompanied
by some skill, whether or not the prize is automatically paid by the
contrivance. The term:
(A) includes, but is not limited to, gambling
device versions of bingo, keno, blackjack, lottery, roulette, video
poker, or similar electronic, electromechanical, or mechanical
games, or facsimiles thereof, that operate by chance or partially
so, that as a result of the play or operation of the game award
credits or free games, and that record the number of free games or
credits so awarded and the cancellation or removal of the free games
or credits; and
(B) does not include any electronic,
electromechanical, or mechanical contrivance designed, made, and
adapted solely for bona fide amusement purposes if the contrivance
rewards the player exclusively with noncash merchandise prizes,
toys, or novelties, or a representation of value redeemable for
those items, that have a wholesale value available from a single
play of the game or device of not more than 10 times the amount
charged to play the game or device once or $5, whichever is less.
(5) "Altered gambling equipment" means any
contrivance that has been altered in some manner, including, but
not limited to, shaved dice, loaded dice, magnetic dice, mirror
rings, electronic sensors, shaved cards, marked cards, and any
other equipment altered or designed to enhance the actor's chances
of winning.
(6) "Gambling paraphernalia" means any book,
instrument, or apparatus by means of which bets have been or may be
recorded or registered; any record, ticket, certificate, bill,
slip, token, writing, scratch sheet, or other means of carrying on
bookmaking, wagering pools, lotteries, numbers, policy, or similar
games.
(7) "Lottery" means any scheme or procedure whereby
one or more prizes are distributed by chance among persons who have
paid or promised consideration for a chance to win anything of
value, whether such scheme or procedure is called a pool, lottery,
raffle, gift, gift enterprise, sale, policy game, or some other
name.
(8) "Private place" means a place to which the public
does not have access, and excludes, among other places, streets,
highways, restaurants, taverns, nightclubs, schools, hospitals,
and the common areas of apartment houses, hotels, motels, office
buildings, transportation facilities, and shops.
(9) "Thing of value" means any benefit, but does not
include an unrecorded and immediate right of replay not
exchangeable for value.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 313, § 1, 2, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 396, § 1, eff. June 14, 1989;
Acts 1993, 73rd Leg., ch. 774, § 1, eff. Aug. 30, 1993; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1995,
74th Leg., ch. 318, § 19, eff. Sept. 1, 1995.


§ 47.02. GAMBLING. (a) A person commits an offense if he:
(1) makes a bet on the partial or final result of a
game or contest or on the performance of a participant in a game or
contest;
(2) makes a bet on the result of any political
nomination, appointment, or election or on the degree of success of
any nominee, appointee, or candidate; or
(3) plays and bets for money or other thing of value at
any game played with cards, dice, balls, or any other gambling
device.
(b) It is a defense to prosecution under this section that:
(1) the actor engaged in gambling in a private place;
(2) no person received any economic benefit other than
personal winnings; and
(3) except for the advantage of skill or luck, the
risks of losing and the chances of winning were the same for all
participants.
(c) It is a defense to prosecution under this section that
the actor reasonably believed that the conduct:
(1) was permitted under Chapter 2001, Occupations
Code;
(2) was permitted under Chapter 2002, Occupations
Code;
(3) consisted entirely of participation in the state
lottery authorized by the State Lottery Act (Chapter 466,
Government Code);
(4) was permitted under the Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes); or
(5) consisted entirely of participation in a drawing
for the opportunity to participate in a hunting, fishing, or other
recreational event conducted by the Parks and Wildlife Department.
(d) An offense under this section is a Class C misdemeanor.
(e) It is a defense to prosecution under this section that a
person played for something of value other than money using an
electronic, electromechanical, or mechanical contrivance excluded
from the definition of "gambling device" under Section 47.01(4)(B).

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1981, 67th Leg., 1st C.S., p. 101, ch. 11, § 43,
eff. Nov. 10, 1981; Acts 1989, 71st Leg., ch. 957, § 2, eff. Jan.
1, 1990; Acts 1991, 72nd Leg., 1st C.S., ch. 6, § 3; Acts 1993,
73rd Leg., ch. 107, § 4.04, eff. Aug. 30, 1993; Acts 1993, 73rd
Leg., ch. 774, § 2, eff. Aug. 30, 1993. Acts 1993, 73rd Leg., ch.
900, § 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76,
§ 14.53, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, §
20, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 931, § 79, eff.
June 16, 1995; Acts 1997, 75th Leg., ch. 1256, § 124, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 1420, § 14.834, eff. Sept. 1,
2001.


§ 47.03. GAMBLING PROMOTION. (a) A person commits an
offense if he intentionally or knowingly does any of the following
acts:
(1) operates or participates in the earnings of a
gambling place;
(2) engages in bookmaking;
(3) for gain, becomes a custodian of anything of value
bet or offered to be bet;
(4) sells chances on the partial or final result of or
on the margin of victory in any game or contest or on the
performance of any participant in any game or contest or on the
result of any political nomination, appointment, or election or on
the degree of success of any nominee, appointee, or candidate; or
(5) for gain, sets up or promotes any lottery or sells
or offers to sell or knowingly possesses for transfer, or transfers
any card, stub, ticket, check, or other device designed to serve as
evidence of participation in any lottery.
(b) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1987, 70th Leg., ch. 313, § 3, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 47.04. KEEPING A GAMBLING PLACE. (a) A person commits
an offense if he knowingly uses or permits another to use as a
gambling place any real estate, building, room, tent, vehicle,
boat, or other property whatsoever owned by him or under his
control, or rents or lets any such property with a view or
expectation that it be so used.
(b) It is an affirmative defense to prosecution under this
section that:
(1) the gambling occurred in a private place;
(2) no person received any economic benefit other than
personal winnings; and
(3) except for the advantage of skill or luck, the
risks of losing and the chances of winning were the same for all
participants.
(c) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., p. 667, ch. 251, § 1, eff. Aug.
29, 1977. Acts 1989, 71st Leg., ch. 1030, § 1, eff. Sept. 1,
1989. Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 47.05. COMMUNICATING GAMBLING INFORMATION. (a) A
person commits an offense if, with the intent to further gambling,
he knowingly communicates information as to bets, betting odds, or
changes in betting odds or he knowingly provides, installs, or
maintains equipment for the transmission or receipt of such
information.
(b) It is an exception to the application of Subsection (a)
that the information communicated is intended for use in placing a
lawful wager under Article 11, Texas Racing Act (Article 179e,
Vernon's Texas Civil Statutes), and is not communicated in
violation of Section 14.01 of that Act.
(c) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 47.06. POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR
PARAPHERNALIA. (a) A person commits an offense if, with the intent
to further gambling, he knowingly owns, manufactures, transfers, or
possesses any gambling device that he knows is designed for
gambling purposes or any equipment that he knows is designed as a
subassembly or essential part of a gambling device.
(b) A person commits an offense if, with the intent to
further gambling, he knowingly owns, manufactures, transfers
commercially, or possesses any altered gambling equipment that he
knows is designed for gambling purposes or any equipment that he
knows is designed as a subassembly or essential part of such device.
(c) A person commits an offense if, with the intent to
further gambling, the person knowingly owns, manufactures,
transfers commercially, or possesses gambling paraphernalia.
(d) It is a defense to prosecution under Subsections (a) and
(c) that:
(1) the device, equipment, or paraphernalia is used
for or is intended for use in gambling that is to occur entirely in a
private place;
(2) a person involved in the gambling does not receive
any economic benefit other than personal winnings; and
(3) except for the advantage of skill or luck, the
chance of winning is the same for all participants.
(e) An offense under this section is a Class A misdemeanor.
(f) It is a defense to prosecution under Subsection (a) or
(c) that the person owned, manufactured, transferred, or possessed
the gambling device, equipment, or paraphernalia for the sole
purpose of shipping it to another jurisdiction where the possession
or use of the device, equipment, or paraphernalia was legal.
(g) A district or county attorney is not required to have a
search warrant or subpoena to inspect a gambling device or gambling
equipment or paraphernalia on an ocean-going vessel that enters the
territorial waters of this state to call at a port in this state.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1977, 65th Leg., p. 668, ch. 251, § 2, eff. Aug.
29, 1977; Acts 1977, 65th Leg., p. 1865, ch. 741, § 1, eff. Aug.
29, 1977; Acts 1987, 70th Leg., ch. 167, § 5.01(a)(48), eff.
Sept. 1, 1987; Acts 1987, 70th Leg., ch. 458, § 1, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 1030, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 44, § 1, eff. Aug. 26, 1991; Acts 1991,
72nd Leg., ch. 315, § 1, eff. Sept. 1, 1991; Acts 1991, 72nd
Leg., 1st C.S., ch. 6, § 4; Acts 1993, 73rd Leg., ch. 107, §
4.05, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 284, § 30,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff.
Sept. 1, 1994.


§ 47.07. EVIDENCE. In any prosecution under this chapter
in which it is relevant to prove the occurrence of a sporting event,
a published report of its occurrence in a daily newspaper,
magazine, or other periodically printed publication of general
circulation shall be admissible in evidence and is prima facie
evidence that the event occurred.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 47.08 and amended by Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 47.08. TESTIMONIAL IMMUNITY. (a) A party to an offense
under this chapter may be required to furnish evidence or testify
about the offense.
(b) A party to an offense under this chapter may not be
prosecuted for any offense about which he is required to furnish
evidence or testify, and the evidence and testimony may not be used
against the party in any adjudicatory proceeding except a
prosecution for aggravated perjury.
(c) For purposes of this section, "adjudicatory proceeding"
means a proceeding before a court or any other agency of government
in which the legal rights, powers, duties, or privileges of
specified parties are determined.
(d) A conviction under this chapter may be had upon the
uncorroborated testimony of a party to the offense.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Renumbered from V.T.C.A., Penal Code § 47.09 by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


§ 47.09. OTHER DEFENSES. (a) It is a defense to
prosecution under this chapter that the conduct:
(1) was authorized under:
(A) Chapter 2001, Occupations Code;
(B) Chapter 2002, Occupations Code; or
(C) the Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes);
(2) consisted entirely of participation in the state
lottery authorized by Chapter 466, Government Code; or
(3) was a necessary incident to the operation of the
state lottery and was directly or indirectly authorized by:
(A) Chapter 466, Government Code;
(B) the lottery division of the Texas Lottery
Commission;
(C) the Texas Lottery Commission; or
(D) the director of the lottery division of the
Texas Lottery Commission.
(b) It is an affirmative defense to prosecution under
Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
equipment, or paraphernalia is aboard an ocean-going vessel that
enters the territorial waters of this state to call at a port in
this state if:
(1) before the vessel enters the territorial waters of
this state, the district attorney or, if there is no district
attorney, the county attorney for the county in which the port is
located receives notice of the existence of the device, equipment,
or paraphernalia on board the vessel and of the anticipated dates on
which the vessel will enter and leave the territorial waters of this
state;
(2) at all times while the vessel is in the territorial
waters of this state all devices, equipment, or paraphernalia are
disabled, electronically or by another method, from a remote and
secured area of the vessel in a manner that allows only the master
or crew of the vessel to remove any disabling device;
(3) at all times while the vessel is in the territorial
waters of this state any disabling device is not removed except for
the purposes of inspecting or repairing the device, equipment, or
paraphernalia; and
(4) the device, equipment, or paraphernalia is not
used for gambling or other gaming purposes while the vessel is in
the territorial waters of this state.

Added by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994. Amended by Acts 1995, 74th Leg., ch. 76, § 14.54, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 111, § 1, eff. May 16,
1997; Acts 1997, 75th Leg., ch. 1035, § 55, eff. June 19, 1997;
Acts 1999, 76th Leg., ch. 844, § 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1420, § 14.835, eff. Sept. 1, 2001.


§ 47.10. AMERICAN DOCUMENTATION OF VESSEL REQUIRED. If
18 U.S.C. Section 1082 is repealed, the affirmative defenses
provided by Section 47.09(b) apply only if the vessel is documented
under the laws of the United States.

Added by Acts 1989, 71st Leg., ch. 1030, § 4, eff. Sept. 1, 1989.
Renumbered from V.T.C.A., Penal Code § 47.12 by Acts 1990, 71st
Leg., 6th C.S., ch. 12, § 2(27), eff. Sept. 6, 1990. Renumbered
from V.T.C.A., Penal Code § 47.13 and amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994

[mike]

And this is so in any business endeavor or else why start one? If the business won't make money, it's not a very good business...If the business doesn't make money, there won't any money there to pay the people that would make the business work. It's symbiotic and necessary regardless of "who" starts a business up.

As far as "checking in", yes it would be nice but honestly, at this point, it really serves no good purpose. He "held" the insecure peoples' hands for many months and all he got in return was rumor, innuendo, and outright vitriol aimed at him. He's here regularly to update us on the lotto and has told us all he can on Pips...The fact he is here should account for something. IF he completely disappeared for months, then it would be time to worry...

Everwiser

Yes my point is that you were saying that he endured us, did all this for us, stayed and didnt leave, etc. I was just showing that he didn't do everything just for us or out of his heart. Was just saying that he has as much to gain as we do.

Checking in would be nice as it would comfort us. Yes some people flammed, said bad things, etc. but it's BM's responsibility to atleast the "other" members to atelast checkin. After all, we invested into Pips.

[mike]

Rich any host can turn off a site with or without cause.

If people from talkgold etc complained and stuff, then they may have decided that it's better to kick the site off rather than possibly get problems.

[ArcturusI]

The night has a thousand eyes..........................

TG is being looked into.....I will not say more.

Arcturus

[Dreamer]

Lotto's up again so no worries !

[ne469]

He has posted everything about Pips that he is allowed without jeapardizing the investigation. He has promised a complete explanation when the investigation is concluded...Being that he IS still around and visible on ANY new venture tells me to give the man the benefit of the doubt and wait on those answers.

He didn't have to let anyone join HALotto for free nor did you have to give any of the Pipsters on any of the forums the chance to get in early for a good position in the matrix. With as much trash as some in these forums have given him in the last year I'm impressed he still included everyone.

It's BM's Obligation as President to keep us updated, we entrusted him with our money, the least he could do is update us on a regular basis, which he has NEVER done.
he should put himself in our place, I'd like an update at least once a month,
I don't think that is too much to ask, and he hasn't had the decency to even do that!!!!!!!!!!!!!!

He has the time to Premote the Halotto site,
He can take a few minutes to update us on PIPS, and how things are looking, and when things might be over

Don't you recieve a monthly statement on all of your Investments?
that's all I'm asking for is an monthly update,
Not just the one line BS that he rights saying NOTHING like usual.


If BM would only do as he's promised, this never would've happened in the first place.
I've invest over 40K in Pips, and never recieved a penny, I've joined every program BM has,
and gotten nothing in return, I really regret putting so much into any of his programs without first recieving a payment,
when I first started 2 years ago, people were getting paid,

Know without hearing anything from BM it all seems Like it was a BIG SCAM

[mezzy]

sorry ne469 and others who are continually saying Bryan is obligated to keep us updated. It must be frustrating waiting, like everyone else, for an outcome. However, Bryan has stated many times that he cannot reveal anything whilst BNM is investigating.

You request Bryan to inform you when the investigation would be over? I don't think he has a crystal ball. I do apologise if I sound flippant here; you must realise though that this same line has been debated and discussed many times and to date there has not been a statement from the bank other than their updated information in January saying they were still investigating!

In actuality, until BNM reveals the details of their investigation, we can only wait and hope!

mez

[everwiser]

Thank you Mezzy.

EW

[mike]

Yes, but a friendly update or dropping by would be nice.

[second mouse]

stop by and be nice with a friendly update....
only to, more than likely, be treated unkindly and with disrespect..

doesn't really sound like a fair trade to me...
and yet, how many times have we seen it happen? (too many!)

who can blame him for not posting?