Federal Gambling Crimes in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state court and in federal court in the Southern District of Florida. Our office answers 24 hours a day.

Transmission of Wagering Information — the Wire Act (§ 1084; Pattern Instr. O44)

What the Government must prove (Elements):

1. The defendant was in the business of betting.
2. As part of that business, the defendant knowingly used a wire-communication facility to send bets, or information to help place bets on a sporting event, in interstate or foreign commerce.
3. The defendant did so knowingly and intentionally.

Under the instruction, being "in the business of betting" means regularly engaging in betting activity with the goal of making a profit; isolated or sporadic activity is not a business, and it need not be the person's main income. The statute covers any "sporting event or contest." It does not reach information used in news reporting, or betting information sent from a place where that bet is legal to another place where it is legal.

Wagering Paraphernalia (§ 1953; Pattern Instr. O72)

What the Government must prove (Elements):

1. The defendant carried, sent, or caused to be sent in interstate commerce the items described in the indictment.
2. The items were used or intended to be used in bookmaking.
3. The defendant acted knowingly.

The statute also covers materials for sports wagering pools and for numbers, policy, bolita, or similar games, with exceptions such as state lotteries, legal pari-mutuel materials, and newspapers.

Illegal Gambling Business (§ 1955; Pattern Instr. O73)

What the Government must prove (Elements):

1. Five or more people, including the defendant, knowingly conducted, financed, managed, supervised, directed, or owned all or part of a gambling business.
2. The business violated the state or local law where it was conducted (in Florida cases, Florida law).
3. The business was in substantially continuous operation for more than 30 days, or had gross revenue of $2,000 in any single day.

The statute says "in excess of thirty days"; the instruction's wording is "at least 30 days." Under the instruction, a customer who only places a bet does not "conduct" the business. The five people do not all have to be charged, and the defendant does not have to know who they are.

Penalties

• § 1084: up to 2 years in prison, a fine, or both.
• § 1953: up to 5 years, a fine, or both.
• § 1955: up to 5 years, a fine, or both. Property, including money, used in violation of § 1955 may be seized and forfeited.
• Federal judges also consider the advisory U.S. Sentencing Guidelines.

Defense Themes

• Count the people. Section 1955 needs five or more who conducted the business. Bettors do not count.
• The 30 days and the $2,000. We test the dates and the revenue claim.
• "Business of betting." Occasional bets among friends are not a betting business.
• Interstate element. Was there really a transmission or shipment across state lines?
• The underlying state law. Section 1955 depends on a violation of state or local law. See Illegal Gambling and Illegal Lotteries & Bolita.
• Wiretaps and searches. Gambling cases often rest on intercepted calls and seized phones. See Motions to Suppress.

What to Do First

1. Do not talk to agents about the operation without a lawyer.
2. Do not delete apps, messages, or ledgers, and do not move money.
3. Do not call partners or employees to line up a story.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I only placed bets. Am I part of a gambling business?

Under the § 1955 instruction, a customer who only places a bet does not conduct the business.

Why is my gambling case federal and not state?

Federal law applies when its elements are met, such as interstate wire use for a betting business, interstate shipment of bookmaking materials, or a five-person business that violates state law and runs more than 30 days or takes in $2,000 in a single day.

Can the government take the money?

Section 1955 allows seizure and forfeiture of property, including money, used in violation of the law. We address forfeiture early.