On March 10, the poker world was rocked by information that the largest card membership in Texas was raided. Authorities from each the Texas Alcoholic Beverage Fee (TABC) and the IRS raided The Lodge whereas seizing proof and freezing property.
The cardboard membership in Spherical Rock, Texas – co-owned by Doug Polk, Jake Abdalla, and Jason Levin, in addition to, minority homeowners corresponding to Andrew Neeme and Brad Owen – has been closed for the reason that raid and can stay so for the foreseeable future.
Initially, particulars have been scarce till the Search and Seizure Warrant surfaced a few week later. In it, there are alleged violations that embody participating in organized legal exercise, cash laundering, promotion of playing, conserving a playing place, and possession of a playing gadget.
Card golf equipment in Texas have lengthy been the topic of hypothesis with regards to legitimacy. Are they authorized? It is a grey space with out agency solutions; in reality, how card golf equipment are seen appears to differ from county to county (keep in mind this raid in Tarrant County in 2022?). Authorities have by no means actually weighed in on a statewide foundation.
Fees have but to be filed towards Polk or anybody related to The Lodge, so what precisely state authorities hope to perform stays unknown (i.e., are they difficult the legality of card golf equipment? Is it a tax or banking scenario? And so on.). If the objective was to close down all card rooms in Texas, why not go after others? Why not raid The Lodge Card Membership San Antonio?
Like a great poker participant, authorities are taking part in their playing cards near their chest with regards to what they hope to perform and the way they’ll go about it. What is thought is how the TABC was capable of acquire, at the very least partly, a warrant from a choose.
On Web page 4 of the 22-page affidavit, there’s a seemingly innocuous paragraph that, when explored, explains so much. It reads:
“A public grievance (#3824166) was filed with TABC on 04/03/2024 which referenced a 2005 opinion written by then Legal professional Basic Greg Abbott that said a enterprise that holds an On-Premise alcoholic beverage allow couldn’t maintain poker tournaments the place actual cash was in danger by contributors.”
So, what precisely is the 2005 opinion written by Abbott, who’s now the Governor of Texas?
Opinion No. GA-0335 weighs in on the subject of “Whether or not a enterprise that holds an on-premises alcoholic beverage allow could host a poker match” and was written to the Honorable John W. Smith of Ector County District Court docket.
The seven-page opinion was written lengthy earlier than Texas cardrooms sprang up and, on the time, was geared extra towards bar video games. Even so, what it needed to say, which was summarized beneath, would possible apply at the moment.
“A holder of an on-premises alcoholic beverage allow could not, with out violating each part 47.04(a) of the Penal Code and Rule 35.31 of the Alcoholic Beverage Fee, host a poker match wherein contributors danger cash or some other factor of worth for the chance to win a prize. A holder of an on-premises alcoholic beverage allow could, with out violating both part 47.04(a) of the Penal Code or Rule 35.31 of the Alcoholic Beverage Fee, host a poker match wherein contributors don’t danger cash or some other factor of worth for the chance to win a prize.”
There’s little question that The Lodge held an on-premises alcoholic beverage allow. Because the affidavit laid out, “the membership had been issued a Wine and Malt Beverage Retailer’s On-Premise Allow (BG – 200070438) in September 2022 from the Texas Alcoholic Beverage Fee (TABC), and later renewed in September 2024 as combined Beverage allow (MB) – #200139615, that’s present and energetic.”
Moreover, “On August 29, 2024, TABC issued an alcoholic beverage allow to The Lodge Card Membership in Spherical Rock, TABC recorded the proprietor of the combined beverage allow, #200139615, that was issued to the Lodge Card Membership, as Sleamond’s Ice, LLC, an related entity with Tempus Holdings, Inc., and whose managing members are Jake Abdalla and Douglas Polk.”
All that stated, there’s a footnote within the opinion that gives a set of three standards that will be a “protection to prosecution,” and is the loophole most rooms depend on for cover.
Part 1 is crucial part – “the actor engaged in playing in a non-public place.”
Now, whether or not or not Texas card rooms are thought of a “non-public place” is a gray space. Theoretically, by working as a non-public membership and requiring a membership would fulfill the classification as a non-public place.
On the subject of The Lodge, the idea is that the TABC is hanging their case on the truth that they have been capable of enter the constructing and wander the premises with out displaying a membership card, and subsequently, it didn’t represent a non-public place. If that’s the case, then the playing could be unlawful, and any funds related to an unlawful operation could be cash laundering.
The affidavit describes a number of situations of undercover brokers coming into The Lodge, with certainly one of them alleging he did so with out having to point out proof of membership.
“Agent Teague knowledgeable he continued into the membership with out displaying proof of a membership, ID, or buying a membership. He said he freely entered the gaming ground unimpeded and walked to the rear of the membership the place the bar was positioned.”
Based on statutes and the aforementioned opinion, that will not fulfill a “protection to prosecution,” which seems to be what the TABC and/or IRS search to do. On the very least, it was their foot within the door. What precisely they’ll prosecute is now the lingering query.
It is price noting that Polk and different Texas operators have tried to work with lawmakers to cross payments (corresponding to H.B. 2345 in 2023) to raised outline the cardboard golf equipment as authorized, versus counting on loopholes just like the one described above. Sadly, such efforts have gained little momentum within the Texas Home.
Till fees are filed, assuming they’re (it took months within the occasion of the 2022 raid), the poker world could not know the federal government’s true goal in raiding The Lodge. Within the meantime, the venue will stay closed, and greater than 200 staff might be enormously affected, to not point out gamers with excellent chips and match payouts.
For extra on The Lodge affidavit, take a look at the episode beneath of the PokerNews Podcast.
PokerNews will proceed to watch the scenario in Texas and report updates if and once they occur.
Chad Holloway
PR & Media Supervisor
