Calling their bluff: State gets tough on `charitable' poker games

By Tom Mashberg

Monday, February 14, 2005 A uthorities are cracking down on a wildly popular new poker game spreading across the state, worried that clubs and charities sponsoring the big-money tournaments could run afoul of the law.

``We consider a lot of what is going on to be illegal,'' said Patricia A. Malone, the head of Boston's Office of Consumer Affairs. ``Even if it's a charitable activity, we want people to show they have proper licensing and know the rules.''

The game, Texas Hold'em, is a growing staple of the Internet and of cable-TV programs that feature professionals, amateurs and celebrities bent over tall stacks of chips and lustily wagering huge sums. Hundreds of open games are held across the state every week, often to raise money for charity but also for outright gambling.

Malone sent a letter to bar and nightclub owners last week warning them that ``operation of prohibited activities at licensed establishments will not be tolerated.''

The office of Attorney General Tom Reilly, which is fielding many inquiries about the legality of the games, is preparing guidelines for charities running tourneys, and the Lottery Commission is also taking a hard look at the phenomenon.

``We're concerned people might run into law enforcement issues if they aren't careful,'' said Jamie Katz, chief of the attorney general's Public Charities Division. ``It's our goal to ensure this gets done according to the law. But it is not our aim to shut this down for people who want to use it for charity.''

Over the past weekend, dozens of Texas Hold'em games were held around the state, including one at St. Clement Parish in Medford.

In the typical charitable scenario, 100 or so players will pay $100 at the door and receive a bag of chips valued at $75, with the remaining $25 going to the cause.

Players will gamble with their $75 at 10 or so tables of 8 to 10 players each. The eight finalists receive cash payouts based on the size of the initial pool. Payouts of $2,000 to $5,000 can be common.

But state laws regulating raffles and bazaars, which govern the Texas Hold'em fund-raisers conducted in Elks Clubs, community centers and churches, explicitly limit cash awards to $25 a person.

The laws also prohibit ``wagering of money or other items of value by one participant directly against another'' - a key aspect of Hold'em. Laws are murky on how much of the pool must go to charity for the tourney to be legal.

``There are illegal games for profit going on all the time,'' said Ashley Adams, author of ``Winning 7-Card Stud'' and a Bay State specialist on Texas Hold'em. ``As for charitable games, the laws are incredibly vague on what's allowed.''

Garrett Mills, manager of The Place in Downtown, canceled a Texas Hold'em night aimed at benefiting wounded GI's because of the regulations, including one that limits the number of so-called bazaars at one locale to three a year.

``We couldn't get it done under the legal guidelines,'' he said.

Non-charitable games are also alarming law enforcement. Malone said she has noted a geyser of ads and flyers for Texas Hold'em at the bars in Back Bay and taverns along Broadway in South Boston.

``The law does not allow for card games in establishments'' that sell alcohol, even if the games are for fun, Malone noted, adding ``we'd consider our statutory authority broad for controlling this game.''

State police, meanwhile, are concerned many ``friendly'' games posting notices for players on Web sites like www.homepokergames.com are drawing large turnouts for contests with high entry fees that lure card sharks who make quick work of the pigeons who buy in.

Last week, six men were in Haverhill District Court on charges of running a high-stakes Hold'em game, forfeiting $6,432 in the case.

``It's going on everywhere,'' said a state police vice cop, who spoke on condition of anonymity. ``Some will actually get a permit under the guise that it's a charitable thing, but meanwhile behind the scenes they are greasing their pockets.''

( Herald reporter Tom Farmer contributed to this article. )