Uh..first I didnt see the cite (cause you didnt provide it)..and was the case even about Online Poker? As a matter if fact I beleive the case you are quoting was about Mobsters involved in Sports Betting..so whatever that court said is not on Point and would not be directly available as an appeal court ruling on the matter--although, you could use it for support
Anyway it is a moot point, becuase it truly doesnt matter BUT
http://www.time.com/time/magazine/article/0,9171,1132818-2,00.html
What makes the numbers more extraordinary is that online gaming is either banned or legally questionable in several of the countries where it's thriving.
In the U.S., where it is hard to avoid televised poker tournaments, the DOJ is unequivocal: it deems Internet gambling illegal, period. And nearly unstoppable. The DOJ admits that it faces hurdles in bringing to heel companies not based in the U.S. But it has pressured credit-card companies to reject gaming-related transactions and "urged" Internet providers and radio stations not to air online-gambling ads. Yahoo! and Viacom's Infinity Broadcasting are just some of those that are complying rather than cross the feds.
(Commenting on the case in the 5th circuit court of appeals which I think teh above poster was quoting) ....One of Wall Street's leading law firms, Skadden, Arps, Slate, Meagher & Flom, recently warned investment-banking clients to steer clear of online-gaming companies because of concerns about their legality in the U.S.