For the first time in its history, the State of Nevada has convicted a bitcoin operator with illegal gambling charges. The conviction came after a plea bargain with Bryan Micon, a professional gambler who once owned “Seals with Clubs“, an online poker site which used bitcoin for its currency.
The sentence was a light one for an illegal gambling operation: two years of probation and a $25,000 fine. The sentence was handed down by Clark County District Court Judge Kerry Earley.
Details of the Raid
In February 2015, law enforcement officials raided the home of Bryan Micon, a known Las Vegas gambler. The raid netted several pieces of evidence, including cash, electronic equipment, and BTC with 3.0996 Bitcoins. In April, authorities formally charged Micon with operating an “unlicensed interactive gambling system”.
On June 29, Micon signed a plea agreement with federal authorities. In July 2015, he appeared in federal court to enter a guilty plea on federal charges. The federal case included a $25,000 fine and probation, as well.
Seals With Clubs Website
The investigation into SealsWithClubs included monitoring the site via Skype. Investigators learned that Micon was making $10,000 to $12,000 a month off the site, which they believed was illegal under state and federal law.
SwCPoker.eu and Antigua
Days after the raid, Bryan Micon fled the country and settled in Antigua. He launched a new bitcoin gaming site, SwCPoker.us, and prepared to defy the authorities in the United States.
He came back to the United States in June to turn himself in. That was when the government confiscated Micon’s property that later was seized, including 6 computers, $900 in cash, and 3.0996 in bitcoin credits.
Is Bitcoin Gaming Illegal?
Bryan Micon contended he was operating a legal site, because he was using the virtual online currency, bitcoin, to handle money transfers. He and his lawyers contended that the U.S. law bans the use of U.S. dollars or other legal tender for real money gambling, but not virtual currencies.
Micon and his legal team must not have been confident enough in that assessment to test the court system. At the same time, prosecutors might not have been that confident in a conviction, given their relatively minor plea bargain. A precedent has been set in Nevada that it is illegal to operate a bitcoin online casino, though.
Micon’s Crimes
It is not illegal to gamble using bitcoin. It is illegal to gamble using bitcoin on a server in Las Vegas. Online operators in a variety of industries prefer to use Bitcoin, because of the anonymity attached to it. For instance, the Silk Road website used bitcoin for illegal drug sales.
Authorities tend to be concerned about bitcoin transactions, fearing it could be used as a way to launder money. That might be why Nevada gaming officials are so concerned with bitcoin transactions. In the case of Seals With Clubs, the turnover on the gaming did not have enough volume to be of much use for high-level criminal organizations to launder money. That might be one reason for the leniency given to Micon by authorities.
Potential Punishments
Bryan Micon could have received up to 10 years in prison and $50,000 in fines for the crimes. Judge Kerry Earley explained to the convicted operator that any violation of his probation would mean 2 and 1/2 years in prison.
If he makes it through the 2 years without violating his plea agreement, the felony charges would be reduced to a misdemeanour. Presumably, he will not be able to leave the country during his probation. Micon plans to relocate to Antigua after the plea agreement expires. At that point, he’ll accept a job with “the technology office of a newspaper”, according to Micon’s attorney, Richard Schonfeld.