I understand the thinking, but don't you open yourself up to an attack like this?
Attacker owns a machine out of us with completely normal foreign IP, connects via remote desktop or similar from US, reveals or proves in some way that they are in the US, but only if they lose.
I don't want to get into the exact nature of our decisions on this - I'll say that we draw a red line at VPNs. We are not going to send back someone's losses (or cancel their winnings) just because they're a US citizen, if their play came from some residential broadband network in Europe. In general, if people are using a home computer on a regular network to access our site, then we consider that bet to be coming from the country the connection originates in. We believe that if you own a piece of equipment in another country that you're using to bet, then you are forwarding the bets yourself -- i.e. acting as your own casino and broadcasting an illegal service into the US. If a guy mails himself pot from Amsterdam, that doesn't mean that the coffeehouse where he bought it has broken any laws. He's the one breaking the law. That logic is totally valid for VPNs, too...but renting a server for a few bucks a month is one less major level of difficulty for the average gambler than buying a condo in the UK with an internet connection, and so we feel it's worth trying to stop it. The reason is that the laws aren't always applied logically; Bitcoin and gambling both have plenty of heat, and the quarter- or half-million we could be making a year in the US ain't worth it. As far as the IRS is concerned, if they're trying to tweak us by having some guy deposit and lose a few bucks, they're going to have to jump through so many hoops that no reasonable jury would consider us as having had
any intent to take bets from US players, and
that's the bottom line. Your specific scenario's a tough call, and we'd deal with things like that on a case-by-case basis. Our lawyers have told us we're within our rights to just freeze a player's funds for violating our TOS and leave it at that, and that would by my gut reaction if someone tried to pull that kind of shit on us. So far, it's been our policy to pay back these deposits out of an abundance of caution.
In this case this was IMO clearly a setup by a gov't agency, and we are trying to return the bettors money in good faith. So to repeat:
Bettor, come claim your deposit back. It will be waiting for you until the end of time, because we do not want your money.