Essay Should Gambling Be Legalized? Gambling is defined as any behavior that includes the risking of money or valuables on the result of a game, contest, or another event that is dependent on chance. Gambling is an impulse-control disorder that is progressive in its. If Daily Fantasy is legal in the eyes of the government, sports betting should be as well. The time has come for the legalization of sports gambling. As betting on sports continues to grow and the activity’s prominence continues to rise, the government needs to step in and bring it to the mainstream.

Sports Gambling Should Be Legal
States With Legal Sports Gambling

Why Sports Gambling Should Be Legal

By Brian Tuohy

Imagine for a moment that you had to be in the state of New York, physically, to invest in the stock market. That you couldn't pick up a phone to call your broker, or use a website to buy or sell stocks and mutual funds, because doing so would be a violation of federal law. Instead, you were compelled to invest your money with criminals who ran their own version of the stock market, using the same basic mechanisms as the NYSE, except with no oversight whatsoever. If your stock went up, you might -- might -- get paid. If your portfolio took a nosedive, and you failed to meet your margin call, your legs would get broken. And no one within the United States had a problem with this system.

This subversive stock market exists. It's known as sports gambling in the United States.

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Let's not mince words. While Las Vegas booked nearly $3 billion in sports wagers in 2012, as much as $500 billion is wagered illegally on sporting events in the U.S. each year, by some estimates. No one really knows the exact amount, because it's all conducted under the table, with most of the money in the hands of organized crime. In fact, according interviews with former FBI agents, sports gambling may be organized crime's top moneymaker, followed closely by the loan-sharking activities that haunt losing bettors.

And you, Mr. and Ms. Weekend Bettor, are part of the problem. When you call your 'man' to plunk down $50 on 'Bama or the Seahawks this weekend, whether you know it or not, you're funding organized crime.

Here's why: Most 'square' bettors are 'homers,' betting on the teams they follow or the games they watch. For the local, small-time bookie, this can create an unbalanced book. See, a bookmaker desires an even, 50-50 split of the money coming in on a game, because he profits mainly from the 'vig' taken from each winning bet. (This is why in most places you have to bet $11 to win $10; the bookie keeps that extra dollar.) A lopsided game can create havoc for the bookie, so he's often forced to 'lay off' some of this one-sided action by betting with another bookie.

In the ocean of sports gambling, the small fish feed the medium fish, who in turn feed the larger fish, who are swallowed whole by the sharks. Lurking at the top of this food chain is organized crime. The mob set up a national lay-off system in the 1950s, connecting bookies in Cincinnati with those in Los Angeles to others in Miami, and so on. It smoothed out the process, while maximizing the financial return. Today, that system continues to operate by encompassing many online and offshore sports books.

So while your $50 may have been bet with Phil in the backroom of your neighborhood bar, it's quite possible that your cash circulated throughout the country. And even Phil doesn't realize it.

This situation could be remedied easily, by lifting the prohibition on sports gambling. But in 1992, Congress passed a bill that actually strengthened prohibition, at the behest of the NCAA and all four major pro sports leagues -- the NFL, MLB, NBA and NHL. The Professional and Amateur Sports Protection Act (PASPA) allows only four states -- Oregon, Montana, Delaware and Nevada -- the opportunity to offer any sort of legal sports gambling due to a grandfathering clause in the bill. Of the four, only Nevada is allowed to offer unrestricted, single-game wagering.

New Jersey had a one-year window of opportunity to legalize sports gambling after PASPA became law. A measure to do so failed in the state legislature. If it hadn't, perhaps today Atlantic City would be the center of sports gambling in the United States rather than Las Vegas.

Twenty years later, New Jersey seeks a reversal of fortune. Voters there now favor legal sports gambling and the tax revenues it's certain to create, and they passed a statewide referendum to legalize it in November 2011 by nearly a two-thirds majority. Yet PASPA -- and the sports leagues literally deputized by it -- stand firmly in their way.

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By its very name, the Professional and Amateur Sports Protection Act treats the leagues like members of an exotic, endangered species. Is it Congress' job to 'protect' sports? Shouldn't the leagues be responsible for insulating themselves against the dangers of gambling and potential game fixing?

In fact, both the federal government and the sports leagues had established several prohibitive measures prior to PASPA. The 1961 Wire Act outlawed the use of wire communications among those in the gambling business, unless the transmission is both to and from a state where sports betting is legal. The 1964 Sports Bribery Act made it a federal crime to bribe a player, coach or referee to alter the outcome of a game. In 2006, Congress also passed the Unlawful Internet Gambling Enforcement Act. Aimed squarely at online poker, this law also works against online sports gamblers, as it 'prohibits the acceptance of credit, electronic funds, checks, or the proceeds of other financial transactions, by persons involved in the business of betting or wagering in connection with unlawful Internet gambling.'

Each league prohibits members from gambling within their own sport, a rule that's written into every player contract under each league's Collective Bargaining Agreement. For example, the standard NFL Player Contract reads, in part, 'Player recognizes the detriment to the League and professional football that would result from impairment of public confidence in the honest and orderly conduct of NFL games or the integrity and good character of NFL players. Player therefore acknowledges his awareness that if he accepts a bribe or agrees to throw or fix an NFL game; fails to promptly report a bribe offer or an attempt to throw or fix an NFL game; bets on an NFL game; [or] knowingly associates with gamblers or gambling activity…[he is subject to fine, suspension, or termination of his contract].'

Each league also has its own Security Division, staffed with former members of the FBI, CIA, DEA, Secret Service and local law enforcement. Though they lack true police powers, such as the ability to wiretap or subpoena, they maintain strong ties with the FBI and other agencies.

On the surface, at least, these measures have been incredibly effective. Consider: Major League Baseball hasn't had to acknowledge a fixed game since the Black Sox in 1919. No NHL player has been accused of throwing a game since the 1940s, while the NBA hasn't observed an incident of point shaving since 1954. (Tim Donaghy was neither arrested nor convicted of fixing a game.) And the NFL proudly proclaims not a single one of its games has fallen under outside influence -- ever.

Sports Gambling Should Be Legal

So what is PASPA's true purpose? Is it to protect sports by limiting the spread of state-sponsored sports gambling, or is it to protect organized crime's best means of income?

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In the courtroom, where New Jersey has already lost two legal battles to block PASPA, the arguments are not as much about protecting sports as they are about Congress' power over what an individual state can or cannot do. The repercussions of a New Jersey win would be much greater than just allowing some casino-goers the ability to drop a C-note on the Nets game. It involves

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