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-CITE-
18 USC CHAPTER 95 - RACKETEERING
-HEAD-
Sec. 1955. Prohibition of illegal gambling businesses
-STATUTE-
(a) Whoever conducts, finances, manages, supervises, directs, or
owns all or part of an illegal gambling business shall be fined
under this title or imprisoned not more than five years, or both.
(b) As used in this section -
(1) "illegal gambling business" means a gambling business which
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(i) is a violation of the law of a State or political
subdivision in which it is conducted;
(ii) involves five or more persons who conduct, finance,
manage, supervise, direct, or own all or part of such business;
and
(iii) has been or remains in substantially continuous
operation for a period in excess of thirty days or has a gross
revenue of $2,000 in any single day.
(2) "gambling" includes but is not limited to pool-selling,
bookmaking, maintaining slot machines, roulette wheels or dice
tables, and conducting lotteries, policy, bolita or numbers
games, or selling chances therein.
(3) "State" means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
(c) If five or more persons conduct, finance, manage, supervise,
direct, or own all or part of a gambling business and such business
operates for two or more successive days, then, for the purpose of
obtaining warrants for arrests, interceptions, and other searches
and seizures, probable cause that the business receives gross
revenue in excess of $2,000 in any single day shall be deemed to
have been established.
(d) Any property, including money, used in violation of the
provisions of this section may be seized and forfeited to the
United States. All provisions of law relating to the seizures,
summary, and judicial forfeiture procedures, and condemnation of
vessels, vehicles, merchandise, and baggage for violation of the
customs laws; the disposition of such vessels, vehicles,
merchandise, and baggage or the proceeds from such sale; the
remission or mitigation of such forfeitures; and the compromise of
claims and the award of compensation to informers in respect of
such forfeitures shall apply to seizures and forfeitures incurred
or alleged to have been incurred under the provisions of this
section, insofar as applicable and not inconsistent with such
provisions. Such duties as are imposed upon the collector of
customs or any other person in respect to the seizure and
forfeiture of vessels, vehicles, merchandise, and baggage under the
customs laws shall be performed with respect to seizures and
forfeitures of property used or intended for use in violation of
this section by such officers, agents, or other persons as may be
designated for that purpose by the Attorney General.
(e) This section shall not apply to any bingo game, lottery, or
similar game of chance conducted by an organization exempt from tax
under paragraph (3) of subsection (c) of section 501 of the
Internal Revenue Code of 1986, as amended, if no part of the gross
receipts derived from such activity inures to the benefits of any
private shareholder, member, or employee of such organization
except as compensation for actual expenses incurred by him in the
conduct of such activity.
-SOURCE-
(Added Pub. L. 91-452, title VIII, Sec. 803(a), Oct. 15, 1970, 84
Stat. 937; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(N), Sept. 13,
1994, 108 Stat. 2148.)
-REFTEXT-
REFERENCES IN TEXT
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
Paragraph (3) of subsection (c) of section 501 of the Internal
Revenue Code of 1986, referred to in subsec. (e), is classified to
section 501(c)(3) of Title 26, Internal Revenue Code.
-MISC1-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-322 substituted "fined under this
title" for "fined not more than $20,000".
1986 - Subsec. (e). Pub. L. 99-514 substituted "Internal Revenue
Code of 1986" for "Internal Revenue Code of 1954".
-TRANS-
TRANSFER OF FUNCTIONS
Offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise in Bureau of Customs of
Department of the Treasury to which appointments were required to
be made by President with advice and consent of Senate ordered
abolished, with such offices to be terminated not later than Dec.
31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R.
7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government
Organization and Employees. Functions of offices eliminated were
already vested in Secretary of the Treasury by Reorg. Plan No. 26
of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out
in the Appendix to Title 5.
-MISC2-
NATIONAL GAMBLING IMPACT STUDY COMMISSION
Pub. L. 104-169, Aug. 3, 1996, 110 Stat. 1482, as amended by Pub.
L. 105-30, Sec. 1, July 25, 1997, 111 Stat. 248, established the
National Gambling Impact Study Commission to conduct a
comprehensive legal and factual study of the social and economic
impacts of gambling in the United States on Federal, State, local,
and Native American tribal governments, as well as on communities
and social institutions generally, including individuals, families,
and businesses within such communities and institutions, and to
submit a report, not later than two years after its first meeting,
to the President, the Congress, State Governors, and Native
American tribal governments containing the Commission's findings
and conclusions, together with any recommendations of the
Commission, and further provided for membership of the Commission,
meetings, powers and duties of the Commission, personnel matters,
contracts for research with the Advisory Commission on
Intergovernmental Relations and the National Research Council,
definitions, appropriations, and termination of the Commission 60
days after submission of its final report.
PRIORITY OF STATE LAWS
Enactment of this section as not indicating an intent on the part
of the Congress to occupy the field in which this section operates
to the exclusion of State of local law on the same subject matter,
or to relieve any person of any obligation imposed by any State or
local law, see section 811 of Pub. L. 91-452, set out as a Priority
of State Laws note under section 1511 of this title.
COMMISSION ON REVIEW OF NATIONAL POLICY TOWARD GAMBLING
Sections 804-809 of Pub. L. 91-452 established Commission on
Review of National Policy Toward Gambling, provided for its
membership and compensation of members and staff, empowered
Commission to subpoena witnesses and grant immunity, required
Commission to make a study of gambling in United States and
existing Federal, State, and local policy and practices with
respect to prohibition and taxation of gambling activities and to
make a final report of its findings and recommendations to
President and to Congress within four years of its establishment,
and provided for its termination sixty days after submission of
final report.
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