United States v. Black

The United States government (plaintiff) charged Theodore Black and others (defendants) with operating a gambling establishment on a gambling ship in violation of 18 U.S.C. § 1082. The statute prohibited United States citizens and residents from operating a gambling establishment on a gambling ship if the ship was on the high seas, on an American vessel, or otherwise under or within the United States’ jurisdiction and not within the jurisdiction of any state. The statute defined the term gambling ship as a ship used principally for operating one or more gambling establishments. The indictment alleged that the Greek ship Olympia had left New York on a Friday evening and returned the following Monday morning. The indictment further alleged that when the Olympia was beyond 12 miles from the United States coastline, Black and the others—all United States citizens—had gambled in one of the ship’s common areas. Black and several codefendants moved to dismiss the indictment, asserting, among other things, that (1) the statute was inapplicable because it allegedly applied to gambling ships on the high seas only if those ships were otherwise under or within the United States’ jurisdiction, and the Olympia had been beyond the 12-mile outer boundary of the United States’ territorial jurisdiction when the alleged gambling occurred, (2) the statute was unconstitutionally vague because the word “principally” in the definition of gambling ship was imprecise, and (3) the United States had no jurisdiction over the matter because the Olympia was not an American ship, and the alleged gambling had occurred more than 12 miles offshore.