Is Playing Texas Hold’ Em a Form of Gambling?

No, rules Judge Jack Weinstein, at least for purposes of the Illegal Gambling Business Act (IGBA), 18 U.S.C. § 1955, because Texas Hold’em “is not predominately a game of chance.” It seems difficult to me to square that conclusion with the Second Circuit’s ruling in United States v. Gotti, 459 F.3d 296, 342 (2d Cir. 2006). But as with all conclusions by Judge Weinstein, I suppose that is a matter for the Second Circuit to handle (assuming DOJ authorizes the appeal).