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Paypal Charged Under PATRIOT Act

A reader writes: "Yahoo has the story: Paypal has been charged under the PATRIOT act for accepting and profiting from transactions with illegal gambling sites. According to their new rules they will no longer allow gambling payments due to the higher chargeback risk. It's good to see them charged for something, even if they have never had to atone for the thousands of customer dollars they have stolen." I know of a number people who've had problems, but I will say that I've had no problems with PayPal - on both my personal account and on the Subscription side of things.

43 of 281 comments (clear)

  1. PATRIOT Act? by MeanMF · · Score: 5, Insightful

    Yet more evidence that the PATRIOT act had little or nothing to do with actual terrorism...

    1. Re:PATRIOT Act? by swingkid · · Score: 5, Funny

      well, it terrifies me, if that counts

    2. Re:PATRIOT Act? by archeopterix · · Score: 4, Insightful
      Yet more evidence that the PATRIOT act had little or nothing to do with actual terrorism...
      Yes, and this holds true even if you don't like PayPal. Two evils clash again, mixed feelings arise. To all who rejoice because of this: you may be next.
    3. Re:PATRIOT Act? by devilspgd · · Score: 3, Insightful

      For those too slow to keep up, the ***PATRIOT Act*** exists as result of a kneejerk reaction to terrorism, and was intended to fight terrorism. This is an example of the PATRIOT Act being applied in a non-terrorism context.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    4. Re:PATRIOT Act? by Anonymous Coward · · Score: 3, Insightful

      "never had streets blocked when we were bombing serbia"

      theres a few reasons for this, but i'm sick of explaining it to dipshits like yourself, so heres 2...

      1: the attacks on serbia were sanctioned by international organisations. if you look closely, you'll see that there are 3 aggressor countries involved in the current conflict, and it is not condoned by NATO, the UN, or anything else I can think of (maybe the GOP, but they're all cunts anyway). There was a genocide going on in Bosnia, hence the International Community HAD to act. the current conflict is about re-asserting American influence in the Middle East, and to a lesser extent, oil. It never was and never will be about disarming the Iraqi government.

      2: its clear that this is meant to distract the american public from the fact that the US military with all its strength failed to find and/or kill Osamma bin Laden, so they concoct some half-baked story about how a secular dictator is trying to ship off "Weapons of Mass Destruction" to fundamentalist terrorists... a few problems there - the UN inspectors operating in Iraq between 1991 + 1998 destroyed around about 95% of Iraqs factories, stockpiles and equipment needed to make more. Not to mention that the only tie that ObL + Saddam have is that they are Arabs - if you look closely again at the facts (I know thats not a strong point for you Americans - I mean, facts distort what you want to hear dont they?) you'll see that Saddam has spent considerable time over the past 20-30 years killing fundamentalists in Iraq because they pose a threat to his regime! well, well, well.

      If the Whitehouse/Pentagon really does want to go after someone with WMD, why arent they going after the North Korean nutjob Kim Il-Sung? oh thats right - he really does have WMD and probably is insane enough to use them.

      U S A U S A U S A

  2. PATRIOT by Anonymous Coward · · Score: 5, Insightful

    How is illegal gambling a matter of national security unless "terrorists" are directly profitting from it?

    1. Re:PATRIOT by larry+bagina · · Score: 5, Informative
      Gambling is a *huge* money laundry machine. Nevada cracked down on it, but offshore/foreign gambling sites don't have as many rules.


      If you've got a big stash of illegal cash (drug money. crime money, terrorist money), what better way to legitimize it than claim you just got really lucky?

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:PATRIOT by Palos · · Score: 5, Informative

      It was amended to the Patriot act like many other things before it was finalized, because no one would actually oppose the patriot act, and it everyone knew it would be approved quickly. The actual regulations concerning gambling fall under the "Bank Secrecy Act" part of the bill. More details can be found here.

    3. Re:PATRIOT by nelsonal · · Score: 3, Interesting

      My favorite method involved a wealthy playboy, a card counter, and a dealer on the take, the playboy loses, the card counter wins and the three split the laundering fee. The biggest idiots in money laundering were these weed growers back home who tried to plow millions in profit through a combination driving range batting cage in a town of 10,000. Lets see at $2/bucket of balls everyone in town is buying two buckets a week for all of the season. Any tax investigator could see that the place was always empty. They had a pretty good system for growing it, too, and probably could have lasted quite a while, if they hadn't gotten busted on their dumb money laundering plan.

      --
      Degaussing scares the bad magnetism out of the monitor and fills it with good karma.
  3. This was coming all along... by Str8Dog · · Score: 5, Insightful

    PayPal has been used for quite a while in the grey market... DSS hacking hardware, Drugs by mail, Betting... It was only a matter of time they got busted for it. They are profiting on illegal activities.

    --


    Str8Dog
    using System.Darkside; public
    1. Re:This was coming all along... by ryanr · · Score: 4, Insightful

      Yes, now they can go after the US Mint.

    2. Re:This was coming all along... by Qzukk · · Score: 5, Funny

      They are profiting on illegal activities.

      In other news, the US mint was raided by the FBI today for producing materials which were often used in illegal transactions, as well as possessed by many terrorists and potential terrorists.

      "We feel that by striking now, we can keep this stuff out of the hands of people who do bad things," one agent said, under condition of anonymity. While stuffing evidence into large bags, he added "This stuff is the root of all evil." The agent declined to comment on rumors that Washington DC area banks would be the next targets of anti-terrorism action, stating that he "didn't want to tip off the bad guys."

      The Homeland Security department heads were unavailable to comment. When pressed, their secretaries indicated that they were currently in a meeting to determine how to confiscate all of "this air stuff" the terrorists seem to be breathing.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    3. Re:This was coming all along... by Str8Dog · · Score: 5, Interesting

      I think that argument is coming to an end soon. Claiming international entity to cover for the fact you are processing illegal transactions is BS legal double speak. The fact still remains this company is based out of CA and will be procecuted as such.

      As for the US Mint Post, that is not the same thing. The US Mint does not have direct knowledge of any transactions and they dont skim a percentage off the top.

      --


      Str8Dog
      using System.Darkside; public
    4. Re:This was coming all along... by whm · · Score: 5, Interesting

      If my bank charges a transaction fee for checks I write, and I write a check for black-market goods, is my bank "profiting on illegal activities"? How is that logical?

      Whether they are legally a bank or not, PayPal's role in the transaction was as a bank, and they are profiting on the transaction, not on the goods. It should not be the responsibility of PayPal to audit all transactions.

    5. Re:This was coming all along... by AKAImBatman · · Score: 3, Insightful

      The problem is that PayPal is not registered as a bank. This way they could get around many of those nasty little liability issues. Now that practice is coming back around and biting them in the ass.

    6. Re:This was coming all along... by gary+bernhardt · · Score: 3, Insightful

      As for the US Mint Post, that is not the same thing. The US Mint does not have direct knowledge of any transactions and they dont skim a percentage off the top.

      The $5000 check I'm about to write to the U.S. government disagrees with that statement. Bloody taxes.

    7. Re:This was coming all along... by Guppy06 · · Score: 3, Funny

      I think you mean the Bureau of Engraving and Printing. Nobody uses Sacagawea dollars, not even terrorists.

    8. Re:This was coming all along... by geekoid · · Score: 3, Interesting

      PyPal has gone way out of there way to prove they are NOT a bank. they can't have it both ways.
      If they were a bank, and regulated as such, they would not have this problem.

      If I give YOU a 100 bucks and someone else gives you a package, and you hand they guy 95bucks, and give me the package, you are part of what happened. Other wise people would use this technique to avoid crimes.

      Now a bank just handles the money, not what you do with your money. delivery companies charge a few for moving goods, not exchangeing the money for the goods.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  4. PATRIOT charge? by ryanr · · Score: 4, Funny

    So what happens now, they get the death penalty?

  5. It's all in the name by Anonymous Coward · · Score: 5, Funny

    Put patriot in front of something and it doesn't work as advertised:

    Patriot Missle
    PATRIOT Act

    etc..

  6. The right thing to do for the wrong reason by StandardCell · · Score: 3, Insightful

    Paypal has had it coming to them for a long time. A stiff penalty may wake them up somewhat. The real question is, will Paypal's policies improve sufficiently to correct their behavior and unethical withholding of funds?

    I hate to be a cynic in this case, but probably not. The magnitude of the average consumer's problem is likely far larger than the Patriot act allegations.

  7. remember.... by RobertTaylor · · Score: 4, Informative

    PayPal = Ebay

    Just keep that in mind when boycotting PayPal by buying your stuff from ebay using nochex :)

  8. Laugh or Cry? by micheas · · Score: 5, Insightful

    I don't like PayPal. So seeing them nailed under the Patriot act if kind of funny, But, using the Patriot act this way is confirming the worst fears of everyone aout this act.

    It is truely sad when the fight for our rights is being led by companies like PayPal.

    1. Re:Laugh or Cry? by elmegil · · Score: 3, Informative
      All of those things were illegal before PATRIOT and didn't need PATRIOT to prosecute them. PATRIOT allegedly is about stopping terrorism.

      Whatever you might say about PayPal and whether it was knowingly an accomplice or not, I can't figure out for the life of me how what they did could be construed to be terrorism.

      --
      7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  9. Huh? by XorNand · · Score: 3, Insightful

    It's good to see them charged for something, even if they have never had to atone for the thousands of customer dollars they have stolen.

    It's good to see that Joe Smith was charged with felonious assault, because I *did* see him jaywalk that one time.

    --
    Entrepreneur : (noun), French for "unemployed"
  10. Uh, no by The+Bungi · · Score: 4, Interesting
    It's good to see them charged for something, even if they have never had to atone for the thousands of customer dollars they have stolen.

    I've never had any problems with PayPal, though I know about and recognize the horror stories about people having their money borked wholesale by the service, and how their accountability is next to zero.

    But I don't think I share the submitter's glee about PayPal getting screwed - the "PATRIOT Act", which is supposed to be fighting terrorism.

    In any case, I've said it before and I'll say it again - PayPal is NOT a bank. If you must use them, never "deposit" money with them and always, always use credit cards.

  11. PayPal's side by Sanity · · Score: 4, Insightful
    I emailed PayPal customer support over their apparent politically motivated freezing of whatreallyhappened.com's PayPal account (see here for the wrh.com account). To my surprise they responded quite quickly, but said that under the terms of their privacy policy they couldn't discuss the issue with me, but that there was another side to the story.

    What Paypal does is actually quite difficult, and I suspect it is a constant battle for them to prevent their service from being used illegally, and without them getting landed with massive liabilities. This is primarily due to the braindead way that credit cards work. I suspect that people that have had bad PayPal experiences might simply have become victims of the fact that Paypal has to be extremely aggressive about fraud just to survive.

    Before everyone hangs them out to dry - perhaps stop to think, for a moment, what their side of the story might be.

    1. Re:PayPal's side by Guppy06 · · Score: 4, Insightful

      "and without them getting landed with massive liabilities."

      Their strategy for this involves their legal department repeating the phrase "We're not a bank! Really!" over and over again.

      "I suspect that people that have had bad PayPal experiences might simply have become victims of the fact that Paypal has to be extremely aggressive about fraud just to survive."

      No, they're extremely aggressive about hiding fraud. If you have a problem (such as being defrauded by a seller), PayPal will tell you "not our problem, deal with the seller," conveniently neglecting to tell you about the "dreaded C-word" (chargeback).

      PayPal doesn't want anybody to know about fraud because they don't want anybody to know about credit card fraud policies. When the buyer issues a chargeback, PayPal loses money, and it's more cost-effective for them to hide and/or sidestep fraud than to combat it.

  12. Your bad by sevensharpnine · · Score: 5, Funny

    I know of a number people who've had problems, but I will say that I've had no problems with PayPal - on both my personal account and on the Subscription side of things.

    Careful now, Hemos, the advertisements go on the TOP of the page, and the stories go on the BOTTOM. Please be more careful in the future.

    --
    "God is a comedian playing to an audience too afraid to laugh." -Voltaire
  13. Re:Problems by elmegil · · Score: 3, Informative

    go read paypalsucks.com

    --
    7 November 2006: The day Americans realized corruption and incompetence weren't addressing 11 September 2001
  14. God bless by greygent · · Score: 4, Funny

    God bless John Ashcroft for protecting us from "roulette terrorists".

  15. Keeping gambling with the government... by FunWithHeadlines · · Score: 4, Interesting
    ...where they think it belongs. Note these quotes from the article:

    " The auction service operator said a letter received Friday from the attorney's office claims PayPal violated a part of the law that prohibits transmission of funds known to have been derived from a criminal offense or intended to be used to promote or support unlawful activity."

    Oooh, sounds scary! Those evil PayPal people are criminals, huh? Well, let's see the details:

    "EBay, San Jose, said the attorney's office offered a complete settlement of all possible claims and charges covering a purported amount of earnings PayPal derived from online gambling merchants between Oct. 26, 2001, and July 31, 2002, plus interest."

    Ah, so we're talking about gambling! Sure, let's keep that revenue with the state-run lotteries, and riverboat casinos. We don't want to share our gambling takings with anyone else. So let's crack down on non-government gambling sites. What's that? "Online" gambling sites? Why that's the magic combination: the evils of the online world, and the evils of gambling. Let's get a big stick to use on them:

    "Hey, look, we got this here PATRIOT act we can use on 'em!"

    "PATRIOT act? They ain't terrorists."

    "They are terrorizing our bottom line, it'll work."

    ----------

  16. Hmmm... by jpmahala · · Score: 5, Funny


    "It's good to see them charged for something, even if they have never had to atone for the thousands of customer dollars they have stolen."

    Sounds like someone has a bit of a grudge, eh?

  17. Electronic Currency by mugnyte · · Score: 3, Insightful

    Currency is a tool, a means for improving the barter system. Electronic currency would at frist seem to only the same requirements. But alas, no.

    Credit card companies, banks, etc., have all be indoctrinated with the restricting domestic "illegal" activites, in the areas that demand it. Paypal has just graduated into the same realm. No crying foul here. Electronic or online currency/exchanges/banks are indeed going to be responsible for tracking, preventing, and reporting on any activity a government wants.

    If this scares you, then realize the standard has been in place for quite some time; purchase histories are fair game during federal investigations. Even anonymous cash itself has been under this pressure for quite some time, from serial numbers to embedded symbols. Someone at a certain level wants to know how the money flows.

    mug

  18. Re:PayPal by stratjakt · · Score: 3, Insightful

    I've noticed a lot of states are requesting Homeland Security funds to "control protestors". The NBC reporter covering the story said with a straight face something like: "Many of the protestors target the same facilities as terrorists and therefore we need funds to protect them.".

    The word terrorist is being thrown about by every talking head to get his message on TV, and will soon have no meaning. But what they're talking about is absolutely valid.

    Think about it. A terrorist (a real one) attack would likely target a highly populated area, and something symbolic (like the WTC was, or maybe say, the Sears tower in Chicago or the Space Needle or just a big mall downtown).

    Protestors are out in the street blocking traffic and impeding peoples ability to move in the exact same areas.

    How many more would have died on 9/11 if there were a bunch of dipshit hippies having a 'die in' and dragging newspaper stands in front of the WTC, blocking not only fire trucks and ambulances, but everyone elses avenue to escape to safety?

    Not only that, a big raucous crowd would make a great place for a suicide bomber to hide/move freely, if he so chose.

    Noone said protesters==terrorists. Protesters (who act like assholes)==threat to public safety.

    --
    I don't need no instructions to know how to rock!!!!
  19. Not Charged by bellings · · Score: 5, Informative

    According to the linked article (which neither the editor nor the submitter took the time to read, apparently) Paypal has not been charged under the PATRIOT act. Instead, "the U.S. Attorney for the Eastern District of Missouri claims the company's PayPal operation violated part of the USA Patriot Act", which is an entirely different thing.

    Wake me up when the bat-shit insane puritan who runs the Justice Department decides to file real charges, instead of just sending out thinly veiled extortion letters.

    --
    Slashdot is jumping the shark. I'm just driving the boat.
  20. Re:inet not the same as mortar? by stratjakt · · Score: 3, Insightful

    Not so. They'll charge the bank if they can prove the bank was knowingly assisting in a crime. Which is generally the case, as it's pretty much impossible for the bank not to know what's going on.

    Go apply for a mortgage at your local bank, see how many questions they start asking if you tell them you're self employed and plonk down a large cash deposit. They wind up neck deep in it if it turns out the cash was cocaine profits, the house and liquid assets get siezed (the house of course is the banks), and many times the loan officer who approves it will face charges.

    This isn't about money-laundering, btw. This whole thread is offtopic.

    --
    I don't need no instructions to know how to rock!!!!
  21. This is screwed up on so many levels by AssFace · · Score: 5, Insightful

    I am torn on this one. I use PayPal and have transferred a lot of money back and forth - but never at one time (meaning many small - max under $1000 transactions). They have been just fine for me.
    It is great if you have a household of shared rent and bills and you want to easily pay one central person without any paper checks.

    But I don't think that it is fair that PayPal is allowed to bypass the bank laws for the most part.

    I do know (not personally as in "my mother" but personally in the sense that I have "spoken" with them on the net via e-mail and discussion boards) people that have had 10s of thousands of dollars get locked up by PayPal.
    I trust PayPal for my small $300 transactions, and I even have it hooked up to my bank without too much worry on my part. But from what I have heard of others, I would not keep large sums of money in there (the few people that I know had over $50K in there when it was frozen and then basically taken from them).

    To be fair, the people I know that had their money taken were doing illegal things - so it became very hard for them to seek legal action against PayPal. It would be amusing to approach the athorities and try to explain that PayPal stole from you money that you were not going to claim on taxes and was obtained via non-legal ways.
    Whether or not PayPal kept that money when they realized what was happening, or if they just freeze any high $$ accounts (I had heard that they freeze them all if they are high $$ and/or high traffic so that they can investigate them and then unfreeze them if they are "okay"... not sure what is "okay" and who determines that).

    I know a close friend that used a credit card only once in 2 years, and the one time that they used it was to sign up for a website subscription (not slashdot) via PayPal.
    She then quickly had many charges run up on her card - it was someone that had stolen it. She had to run through circles with PayPal and the cc company to resolve it - in the end, it was someone at PayPal.

    And then the gambling. I personally have no issues with gambling - I don't have a moral issue with it - and the only reason the states really doesn't like it (no matter what moral claims they state), is that it is not something they can tax.
    So I don't personally feel that gambling should some get in trouble for this.

    Were I for some reason allowed to make decisions on all of this - I would want PayPal to be treated legally like a bank, and I would want gambling to be allowed to stay on the continental states and then taxed.
    As for the drug dealers that lose their money... I'm pretty ambivalent on that one.

    --

    There are some odd things afoot now, in the Villa Straylight.
  22. Wow by The+AtomicPunk · · Score: 4, Funny

    I thought terrorists only got money from pot? That's what all those TV commercials say...

  23. to be fair to paypal by AssFace · · Score: 4, Informative

    while I'm certainly not a huge fan of paypal, one should be fair to them.

    while paypal did allow some money to get through to gambling sites - it isn't their universal policy to allow all gambling.

    I konw from past experience that they do block some gambling sites - the problem is that they make it easy to exchange money without them (paypal) really knowing what you are doing.
    This is a good thing.
    But as a side effect, Joe User can give money to an online casino and paypal doesn't necessarily know that.
    So now they are getting in trouble because of that.

    They do have a list of casinos - and some casinos also won't let you use paypal - but it is a matter of them being aware of each other - it isn't something that will automatically work in the current system.

    So technically paypal isn't 100% BAD - they were/are doing something the right way - it is just that the legal community isn't happy with that.

    --

    There are some odd things afoot now, in the Villa Straylight.
  24. Why is anyone surprised? by dafz1 · · Score: 5, Interesting

    One, the PATRIOT Act was something than Atty. Gen. Ashcroft came up with as a result of an order from dubya not to let 9/11 happen again. The problem is, he sat in his office and came up with all of these wacked security ideas that he never checked with anyone in the administration to make sure it wasn't political suicide. He even wanted to suspend habeas corpus(look that one up on your own) for the first time since the Civil War(all of this is a summary of an article in Newsweek a couple weeks ago). Remember, this guy is Attorney General because he lost the Missouri U.S. Senate race to a man who died a month before the election. Two, in California, there has been a ruling that if you use your credit card to gamble online, not only has the credit card company broken the law, but you can sue them because they "gave" you a method to break the law(not to mention you don't have to pay that part of your credit card bill). So, kill all the lawyers. People need to learn to be responsible for their own actions. It's not PayPal's or your credit card company's responsibilty to make sure you don't break the law. The three biggest lies. 1. Yes, I'll respect you in the morning. 2. The check is in the mail. 3. I'm from the government, I'm here to help you.

  25. Casting the first "atone" by watchful.babbler · · Score: 4, Interesting
    It's good to see them charged for something, even if they have never had to atone for the thousands of customer dollars they have stolen.

    This is the same logic recently used by NOW and several other abortion-rights groups in Scheidler v. National Organization for Women : sure, using RICO to prosecute anti-abortion protestors was an unprecedented expansion of racketeering laws, but at least they're using that unprecedented expansion against the right kinds of people.

    The logic was flawed then, and it's flawed now: if PATRIOT gets a successful prosecution, or even plea-bargain, out of PayPal, then the feds will be emboldened to prosecute more PATRIOT violations. Each prosecution feeds upon itself, until, like conspiracy or wire-fraud laws, PATRIOT will be "low-hanging fruit," attached to a great many cases with only tenuous ties to the ostensible goals of PATRIOT.

    You may not like PayPal, you may even have legally-actionable issues with them -- but file a class-action if you do. Don't cheer them getting prosecuted under a vague section of an overly-broad statute, because the next time they issue an indictment, it could be for you.

    --
    "Freedom is kind of a hobby with me, and I have disposable income that I'll spend to find out how to get people more."
  26. USAPATRIOT Act by cosyne · · Score: 3, Funny

    In the interest of pointless nitpicking, USAPATRIOT stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. (And I thought I spend too much time coming up with useless shit). Truncating it to Patriot is kinda like referring to TCP/IP simply as CP/IP (and there are probably just as few people who are likely to get really upset). Still, I like to think of it as the 'ooosa pat riot' act.