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What’s allowed when it comes to sports betting?

Wagering legal in Nevada, Oregon, Delaware and Montana

Some commonly asked questions about gambling, office pools and the law:

Q: Is betting on sports legal in New Jersey?

A: In some instances, yes, provided that the amount of money wagered is equal to the amount paid to the winner or winners. For example, if a person bets $10 with a friend on the Super Bowl and collects $10 after winning, there is no crime. If the two bet through a third party who takes a percentage of the money or some advantage, he or she is promoting gambling, which is a crime. Also, any establishment with a liquor license — including VFW posts or private clubs — cannot offer gambling, except for casinos.

Q: What are the penalties?

A: The amount of money involved determines whether a second- or third-degree crime is charged. The second-degree charge carries a potential 10-year prison term. Third-degree crimes are punishable by up to five years in prison.

Q: What did Rick Tocchet allegedly do?

A: State investigators say Tocchet ran a for-profit gambling ring, and that the gamblers included current NHL hockey players. The ring took at least 1,000 wagers totaling more than $1.7 million on professional and collegiate sports, mostly football and baseball, authorities said.

Q: Were the people who bet through the ring charged? Is it a crime to bet with a bookmaker?

A: No, they weren’t. Strictly speaking, it is not a crime to place a bet, according to John Hagerty, spokesman for the state Division of Criminal Justice. “The act of betting is not illegal. The act of accepting a bet and making money off of a bet is considered promoting gambling and that’s a crime,” he said. But soliciting friends to use your bookmaker, or placing bets for others with a bookmaker, could be prosecuted, he said.

Q: Are gambling earnings considered taxable income?

A: Yes.

Q. Are office pools legal?

A: Yes, provided no one except the winner or winners benefit. A sports pool in an office is not illegal as long as nobody is taking a profit from the activity. If $500 is bet, then someone — or some group of people — must win $500. Whoever takes a cut or a percentage of the bet can be prosecuted.

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Q: Has anyone ever been charged with a crime for running an office pool?

A: Yes. In 2002, a manager at an AT&T office in South Brunswick was charged over a Super Bowl pool in which bettors paid $300 each to get a chance in a 100-square grid. Each square came with a randomly selected numeral, and if either team’s score — at the end of a quarter — ended in that number, the person holding the square won. The man enrolled in and successfully completed a pretrial intervention program and the charge was later dismissed.

Q: Where is sports betting legal?

A: Under federal law, sports betting is legal in Nevada, Oregon, Delaware and Montana, but only Nevada and Oregon actually offer it. Nevada casinos post odds and accept wagers on professional and college sports, while Oregon has a state-run pro football pool.

Q: Do Atlantic City casinos accept bets on pro sports?

A: Only on horse racing. In 1994, the federal government gave New Jersey the option of legalizing sports betting, but because it lacked the support necessary in Trenton, it never went before voters in a referendum. Casinos have long wanted to offer sports betting.

© 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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