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Atlanta Commercial Gambling Attorney

Georgia has a history of cracking down on gambling activities. Commercial gambling is a felony offense that carries severe penalties. If you are facing commercial gambling or any other gambling related charges, contact Wallack Law in Atlanta today for the aggressive criminal defense you need to effectively pursue the best possible outcome in your case.

Why Choose Us?

We have dedicated our practice exclusively to criminal defense. Founding attorney Sanford A. Wallack became a criminal defense lawyer because he is passionate about protecting the constitutional rights of citizens and fighting for individuals charged with a crime. We have vast experience and knowledge in our field. Sandy Wallack has been practicing criminal defense law for 25 years and our firm has been established for 15 years.

We provide personalized attention to each of our clients and take an innovative approach to every case we handle.

From Sandy’s interview for the Masters of Criminal Defense series on ReelLawyers.com.

What Is Commercial Gambling in Georgia?

Under Ga. Code Section 16-12-22, a person commits commercial gambling when he or she intentionally:

  • Operates or participates in the earnings of a gambling place;
  • Receives, records, or forwards a bet or offer to bet;
  • For gain, becomes a custodian of anything of value bet or offered to be bet;
  • Contracts to have or give himself or another the option to buy or sell or contracts to buy or sell at a future time any gain or other commodity whatsoever or any stock or security of any company, when it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, the option whenever exercised or the contract resulting therefrom, shall be settled not by the receipt or delivery of such property but by the payment only of differences in prices thereof;
  • Sells chances upon the partial or final result of or upon the margin of victory in any game or contest upon the performance of any participant in any game or contest or upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee or candidate;
  • Sets up or promotes any lottery, 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; or
  • Conducts, advertises, operates, sets up, or promotes a bingo game without having a valid license to operate a bingo game as provided by law.

From Sandy’s interview for the Masters of Criminal Defense series on ReelLawyers.com.

What Are the Penalties for Commercial Gambling?

Commercial gambling is a felony offense. It is punishable by one to five years in prison or a fine of up to $20,000, or both.

Under the rules and regulations governing coin-operated amusement machines (COAMs), numerous violations can result in fines. payment of cash as a reward for the successful play of a COAM is exclusively a criminal misdemeanor violation (of a high and aggravated nature) under O.C.G.A. § 16-12-35(g) but does not constitute commercial gambling or any other gambling related offense.

However, law enforcement officers and prosecutors often overcharge a COAM cash payout as a felony and/or misdemeanor gambling criminal violation rather than the correct and lawful non-gambling misdemeanor offense. This includes applying felony charges to commercial gambling, keeping a gambling place, or a RICO violation.

Keep in mind that the State of Georgia may attempt to seize property and assets, including cash, your store and inventory, and personal and business bank accounts, in a civil forfeiture or RICO forfeiture proceeding. This may still occur, though erroneously, based on cash payouts.

Notably, penalties can also result in the Georgia Lottery Corporation issuing citations against the business and seeking to revoke your COAM license. The agency may refer your business to the COAM arbitration process, which can further complicate matters.

GLC Citations

Coin Operated Amusement Machines (COAMs) are legal to operate in Georgia in accordance with state law, as authorized and regulated by the Georgia Lottery Corporation (GLC). Rules violations, such as paying cash for successful play, can result in the GLC issuing citations against the owner.

If you are facing legal proceedings related to COAMs – criminal charges for commercial gambling, RICO, or cash payout under O.C.G.A. § 16-12-35, forfeiture or RICO forfeiture proceedings, a GLC citation, or a COAM arbitration, it is critical to invest in an attorney to guide you through the legal process. This is a critical and complex area of the law, and seeking an attorney with COAM experience and industry knowledge can be essential.

Common Defenses Against Commercial Gambling Charges

Your attorney will determine the best possible defense strategy associated with your case. Several methods exist, including:

  • Challenging the access to evidence: One potential defense strategy involves challenging how law enforcement obtained the evidence in the case. Proving illegal search and seizure, a violation of the Fourth Amendment, can eliminate that evidence.
  • Entrapment: Proving that undercover law enforcement officers induced or coerced a person into committing a crime that they would not have otherwise committed is another potential strategy.
  • Lack of knowledge and intent: In a vast number of situations, it may be possible to prove the defendant did not knowingly promote, manage, or profit in any way from illegal gambling.

An individualized legal defense created by your Atlanta commercial gambling attorney enables you to create clarity in even the most challenging of cases.

What to Do If You’re Arrested for Commercial Gambling

If you are arrested for commercial gambling, do not say anything and you should be cooperative and respectful with the police but should not say anything or provide any statements without consulting with an attorney first. Request to speak with your attorney, then contact our legal team. Your lawyer will guide you through the legal process while protecting your rights.

Contact Us Today

If you or your employees are facing criminal charges of commercial gambling, civil forfeiture proceedings, or dealing with a GLC citation, call Wallack Law in Atlanta right away. We can provide knowledgeable counsel to defend you and your personnel.

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