§ 8 §300-A — Illegal wagering

1.
Illegal wagering on horse races.
A person is liable for the damages specified in this section if that person accepts a wager from a person located within this State and:
2.
Right of action.
A commercial licensee under section 271 may bring an action in Superior Court against a person who has accepted an illegal wager described in subsection 1. The court shall award damages to the prevailing plaintiff and the commission, as provided in subsection 4, in an amount equal to 25% of the monetary amount of illegal wagers accepted, including illegal wagers accepted as described in subsection 1, plus reasonable attorney's fees and costs.
3.
Punitive damages.
If a person accepting an illegal wager described in subsection 1 has been advised in writing of the provisions of this section either by the Attorney General or by a commercial track licensed under this chapter before accepting any such wager, then the person accepting the illegal wager, in addition to all other damages authorized under this section, is liable in an amount of up to 4 times the damages awarded under subsection 2 that the court determines are appropriate given the willfulness of the violation, any mitigating circumstances, any efforts by the person who accepted the wager to comply with Maine law, the need to deter acceptance of illegal wagers and all other relevant circumstances.
4.
Distribution of damages.
Damages awarded under this section must be distributed as follows.

Legislative History

PL 2005, c. 304, §1 (NEW). PL 2005, c. 683, §C3 (AMD).