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Ohio Poker Game Defended Against Raid as Legal

By Brian Chan on July 21, 2010  Email it!    Print Version

Play Slots at Rushmore Casino! CINCINNATI, OHIO -- The lawyer representing an Ohio restaurant owner says his client was operating a legal poker game when police raided the establishment this week. The high-stakes backroom poker game at Duke's didn't violate the law, according to attorney Richard Goldberg, because the house did not take a rake or charge admission to the game.

Police charged Derek Ragan, whose Duke's Place hosted a regular game in a locked room attached to the restaurant, of money laundering and operating a gambling house. Sixteen persons were arrested at the scene, including both customers and employees, although Ragan was not present.

Authorities seized almost a million in cash from the business and Ragan's home, and are seeking forfeiture of the properties.

Goldberg says Ragan did not profit from the games either by charging to play or taking any percentage of the money being gambled. He says Ragan cannot make bail without the seized funds and will have to remain in jail awaiting trial.

Goldberg's contention is that poker is legal in Ohio, as long as no consideration is given the operator of the game. Players can legally gamble against one another, and the location does not change the law, despite the game being held in a concealed room requiring a buzzer to receive entry.

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