In decades past, gambling used to be a crime almost everywhere other than Las Vegas, Nevada and Atlantic City, New Jersey. Today, more and more states have legalized various types of gambling, ranging from Indian casinos to poker rooms and horse racing tracks. While some states have legalized certain types of gambling, other types of gambling are still illegal. All states have laws that prohibit at least some type of gambling.
While raffles are generally considered illegal gambling in Georgia, the Georgia Code allows raffles to be conducted by nonprofit, tax-exempt organizations that obtain the proper license. A raffle is 'any scheme or procedure whereby one or more prizes. Are distributed among persons w ho have paid or promised consideration for a chance to. Any person who knowingly aids, abets, or otherwise assists in the operation of a raffle for which a license has not been obtained as provided in this Code section similarly commits the offense of commercial gambling. Any person who violates any other provision of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. So far as OCGA 16-11-44proscribes the maintenance of a house to the encouragement of gambling on a general, customary or habitual basis, we hold one of ordinary intelligence is given fair notice of what conduct is prohibited and arbitrary and erratic arrests and convictions are not encouraged. (a) A person who knowingly permits any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control to be used as a gambling place or who rents or lets any such property with a view or expectation that it be so used commits the offense of keeping a gambling place.
Gambling is sometimes referred to as 'gaming.' Depending on the language of state laws, gambling and gaming can mean different things or the two terms can be used synonymously. 'Gaming' typically refers to playing games for wagers, such as craps, card games, slot machines, and roulette. 'Gambling' may refer to these same types of games, but it also includes other types of activity such as sports wagers.
Gambling is defined in numerous ways, but requires betting or wagering on an outcome that is at least partially based on chance, and done so in order to win something. Illegal gambling is any type of gambling that is specifically prohibited by state law.
Gambling Involves a Bet
While most instances of gambling occur when someone bets money, courts have ruled that gambling can occur whenever a bet is made using anything of value. The item of value is sometimes known as 'consideration,' and can encompass anything that has any worth. The amount of the bet doesn't matter, and as long as the property that's at stake in the game is worth some value, the game is gambling.
'Games of Chance'
State gambling laws outlaw games, bets, or wagers that are at least partially dependent on some element of chance. If a game or competition that gives prizes to winners is based on skill, such as a car race or a shooting competition, it is not considered gambling. (However, other laws or restrictions may apply in order to make such competitions legal.)
What differentiates a game of skill from a game of chance is usually determined by which of the two elements has the greatest impact on the outcome. If chance is the biggest factor, the game is one of chance, and making bets or wagers on such games is gambling. Courts have ruled that in games that involve both skill and chance, and where a small group of skilled experts routinely win, this does not necessarily make the game one of skill. In determining what defines a game of skill or chance, courts often judge the game on the average player. If the average player's chances are dominated by chance, the law considers it a game of chance.
A Chance of Winning
If you don't have any chance of winning something of value, you're not gambling. Gambling requires that there is a chance you might win something for your bet, whether it's money, property, or even more chances to play. Further, courts have ruled that you personally don't need to have placed any wager to be convicted of gambling. As long as a group of people have a chance to win something and at least some of them have made a wager, you can be convicted of gambling if you are part of the group and stand a chance at winning.
Prohibition Against Making a Profit
Those who win at gambling have obviously made some money. But aside from the players, what about the businesses who run or operate the gambling game or establishment?
Some state laws specifically allow for 'social gambling' while prohibiting gambling as a business. Business gambling occurs when a person or organization operates a gambling hall that collects fees or takes a portion of the amount the players bet. For example, a person who holds a 'casino night' party and charges an entry fee is engaged in an illegal activity in a state that prohibits business gambling or gambling for profit. So-called 'social gambling,' where the players are all equals an no one is collecting fees or making a profit apart from the outcome of the game -- such as in a home poker game -- is often not considered illegal. However, even social gaming is illegal in some states.
Penalties
While all states criminalize gambling to some extent, they also have vastly different penalties associated with gambling crimes. The type of penalty someone faces after being convicted of illegal gambling largely depends upon the state and the circumstances of case, though sentences typically involve many of the same types of penalties. Gambling can be classified as either a misdemeanor offense or a felony, depending on the situation and state law.
Jail or Prison
Anyone convicted of misdemeanor gambling faces up to a year in a county or local jail, though state laws differ widely. Some states impose small maximum jail sentences for misdemeanor gambling, such as 20 days in jail. Felony convictions, on the other hand, can bring a year or more in prison, and sometimes as much as 10 years, especially where organized, professional gambling is present.
Fines
Misdemeanor fines for gambling are quite common, and range from a few hundred dollars up to $1,000 or more. Felony gambling fines can be significant, sometimes as much as $20,000 or more. Fines can be separate from, or in addition to, jail or prison sentences.
Probation
Instead of, or in addition to jail time and fines, courts can impose probation sentences for gambling convictions. These probation periods usually last 12 months or more. When a court orders probation it tells you to do (or not do) certain things. For example, the court may order you to stop gambling or to participate in a gambling addiction treatment program. You'll also probably have to report to a probation officer and stay out of trouble with the law. If you don't live up to the probation conditions, the court can revoke your probation and send you to serve the original jail or prison sentence.
Speak to a Lawyer
Illegal gambling charges can impose significant penalties and can have a serious impact on your life, even if you aren't convicted. Anyone charged with a gambling crime needs to speak to a local criminal defense lawyer at the first opportunity. A good defense attorney will know the gambling laws in your state and have experience with the local prosecutors, judges, and court system. It's always in your best interests to speak to a local criminal defense attorney anytime you are charged with a gambling crime.
Hardin v. NBC UNIVERSAL INC., 660 S.E.2d 374 (Ga. 2008)
Supreme Court of Georgia
660S.E.2d374 (2008)No. S08Q0323.
Supreme Court of Georgia.
April 21, 2008.James Clay Fuller, Jason Lance Crawford, Dustin Thomas Brown, Daughtery, Crawford, Fuller & Brown, LLP, Benjamin Arthur Land, Jerry A. Buchanan, Buchanan & Land, LLP, Columbus, for appellants.
Jonathan Ray Chally, L. Joseph Loveland, Jr., Sidney Stewart Haskins, II, King & Spalding, James L. Cooper, Arnold & Porter, LLP, Atlanta, for appellees.
THOMPSON, Justice.
Under the authority of 1983 Ga. Constitution, Art. VI, Sec. VI, Para. IV and OCGA § 15-2-9, the United States District Court for the Northern District of Georgia has certified two questions of Georgia law in a putative class action lawsuit pending in that court.
As stated in the district court's certification order, plaintiffs are Georgia residents who unsuccessfully played the 'Lucky Case Game,' which is televised as part of the NBC television program Deal or No Deal. During each broadcast of Deal or No Deal, an announcer invites home viewers to participate in the 'Lucky Case Game' by selecting one of six on-screen gold briefcases as the lucky case.[1] Viewers may submit their lucky case *375 choice free via the internet, or by text messaging for a fee of $.99. Toward the end of the program, the winning briefcase is revealed. Entrants who picked the correct 'lucky case' are entered into a random drawing, and the winner of that drawing receives a prize.
Plaintiffs brought this action against NBC Universal, Inc., Endemol USA, Inc., and VeriSign, Inc. (the organizers and sponsors of the game), under the authority of OCGA § 13-8-3(b), which allows the loser of a gambling consideration to maintain a private, civil action to recover damages from the winner. Through that action plaintiffs sought to recover�for themselves and on behalf of a class of Georgia residents who played defendants' games by sending a text message from a Georgia area code�the $.99 text message charge. Defendants have filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, asserting that plaintiffs have failed to state a claim upon which relief may be granted. In order to determine the threshold question of whether plaintiffs have stated a claim under OCGA § 13-8-3(b), the District Court certified the following questions to this Court:
1. Does OCGA § 13-8-3(b) authorize the filing and maintenance of a civil suit to recover money paid out or lost on account of one's participation in an illegal lottery?
2. If OCGA § 13-8-3(b) authorizes a suit to recover money paid out or lost on account of an illegal lottery, may the plaintiff in such a suit recover from the lottery's promoter or organizer?
For the reasons which follow, we hold that OCGA § 13-8-3(b) does not authorize plaintiffs to recover from defendants the text message charges they paid to participate in the lucky case game. Accordingly, we do not reach the second question.
OCGA § 13-8-3(a) declares that '[g]ambling contracts are void; and all evidences of debt . . . executed upon a gambling consideration, are void in the hands of any person.' Subsection (b), however, establishes an exception to the rule that illegal contracts generally will not be enforced and that the law will not aid parties in pari delicto, but will leave the parties where it finds them. OCGA § 13-8-3(b) provides:
Ocga Illegal Gambling Laws
Money paid or property delivered upon a gambling consideration may be recovered from the winner by the loser by institution of an action for the same [within specified time parameters]. . . .
OCGA § 13-8-3 had its genesis in the Acts of 1764 and 1765 (Cobb 725-727); the Act of 1765 first 'provided that persons who might lose money or goods by `playing' or `betting' at `any game whatever' might, after having `paid or delivered' the money or goods so lost, maintain a suit for its recovery against the `winner.' Lasseter v. O'Neill,162Ga.826, 829, 135S.E.78 (1926). The public policy interests underlying the Act were described in Dyer v. Benson,69Ga.609, 610 (1882): '`[T]he great rule of public policy established by our legislature is, that the winner shall not be protected in his unlawful gains, and that the loser, though party to an illegal wager, may sue and recover back the money.'
This civil right of action was essentially codified in the Code of 1861 and carried forward in the Code of 1910, which authorized recovery for money or property paid upon a 'gaming consideration.' When the Code was revised in 1982, a minor change was made in the language of OCGA § 13-8-3(b) to permit civil recovery for 'gambling consideration,' as opposed to the earlier phrase 'gaming consideration.'
Thus, to state a claim against defendants under OCGA § 13-8-3, plaintiffs must allege that a 'gambling contract,' which was supported by a 'gambling consideration,' existed between the parties. A gambling or wagering contract was defined in Martin v. Citizens Bank of Marshallville,177Ga.871, 874, 171S.E.711 (1933), as '`one in which the parties in effect stipulate that they shall gain or lose upon the happening of an . . . event in which they have no interest except that arising from the possibility of such gain or loss.' . . . By the terms of such a contract the consideration must fall to the one or the other upon the determination of the specified event.' Applying the definition in Martin, we agree with the district court that the contract between plaintiffs and defendants in *376 this case 'does not involve a bet or wager, neither defendants nor any participant is certain to lose, and the contract's consideration [the $.99 text messaging entry fee] never hangs in the balance.' Accord Talley v. Mathis, 265 Ga. 179(1), 453S.E.2d704 (1995) (no gambling contract existed unless parties contracted to gamble against one another and one party lost). Accordingly, we find an absence of gambling consideration and therefore, by its terms, OCGA § 13-8-3(b) offers no avenue of recovery to plaintiffs. Other courts in analogous situations have reached similar conclusions. See Humphrey v. Viacom, Slip Copy, 2007WL1797648 (D.N.J.) (entry fees paid to participate in defendants' fantasy sports leagues are not 'bets' or 'wagers' because, inter alia, '[d]efendants do not compete for the prizes'); Las Vegas Hacienda v. Gibson,77Nev.25, 359P.2d85 (1961) (offering prize to winner of competition does not constitute wagering contract if the offeror does not participate in the competition and has no chance of winning the prize).
Ocga Illegal Gambling Meaning
Plaintiffs nonetheless assert that the activity in question constitutes an illegal lottery, thus is 'commercial gambling' under OCGA § 16-12-22(a)(6) of Georgia's Criminal Code, and therefore, OCGA § 13-8-3 provides them the right to assert a civil cause of action. Even assuming the activity constitutes an illegal lottery under Georgia law,[2] there was no gambling contract and it follows no 'gambling consideration' for purposes of recovery under OCGA § 13-8-3. See Martin, supra; Thompson, supra, 74 Ga.App. at 427, 39S.E.2d720 (§ 20-505, predecessor to OCGA § 13-8-3, did not authorize recovery of money paid out or lost in operation of lottery).
Gambling is sometimes referred to as 'gaming.' Depending on the language of state laws, gambling and gaming can mean different things or the two terms can be used synonymously. 'Gaming' typically refers to playing games for wagers, such as craps, card games, slot machines, and roulette. 'Gambling' may refer to these same types of games, but it also includes other types of activity such as sports wagers.
Gambling is defined in numerous ways, but requires betting or wagering on an outcome that is at least partially based on chance, and done so in order to win something. Illegal gambling is any type of gambling that is specifically prohibited by state law.
Gambling Involves a Bet
While most instances of gambling occur when someone bets money, courts have ruled that gambling can occur whenever a bet is made using anything of value. The item of value is sometimes known as 'consideration,' and can encompass anything that has any worth. The amount of the bet doesn't matter, and as long as the property that's at stake in the game is worth some value, the game is gambling.
'Games of Chance'
State gambling laws outlaw games, bets, or wagers that are at least partially dependent on some element of chance. If a game or competition that gives prizes to winners is based on skill, such as a car race or a shooting competition, it is not considered gambling. (However, other laws or restrictions may apply in order to make such competitions legal.)
What differentiates a game of skill from a game of chance is usually determined by which of the two elements has the greatest impact on the outcome. If chance is the biggest factor, the game is one of chance, and making bets or wagers on such games is gambling. Courts have ruled that in games that involve both skill and chance, and where a small group of skilled experts routinely win, this does not necessarily make the game one of skill. In determining what defines a game of skill or chance, courts often judge the game on the average player. If the average player's chances are dominated by chance, the law considers it a game of chance.
A Chance of Winning
If you don't have any chance of winning something of value, you're not gambling. Gambling requires that there is a chance you might win something for your bet, whether it's money, property, or even more chances to play. Further, courts have ruled that you personally don't need to have placed any wager to be convicted of gambling. As long as a group of people have a chance to win something and at least some of them have made a wager, you can be convicted of gambling if you are part of the group and stand a chance at winning.
Prohibition Against Making a Profit
Those who win at gambling have obviously made some money. But aside from the players, what about the businesses who run or operate the gambling game or establishment?
Some state laws specifically allow for 'social gambling' while prohibiting gambling as a business. Business gambling occurs when a person or organization operates a gambling hall that collects fees or takes a portion of the amount the players bet. For example, a person who holds a 'casino night' party and charges an entry fee is engaged in an illegal activity in a state that prohibits business gambling or gambling for profit. So-called 'social gambling,' where the players are all equals an no one is collecting fees or making a profit apart from the outcome of the game -- such as in a home poker game -- is often not considered illegal. However, even social gaming is illegal in some states.
Penalties
While all states criminalize gambling to some extent, they also have vastly different penalties associated with gambling crimes. The type of penalty someone faces after being convicted of illegal gambling largely depends upon the state and the circumstances of case, though sentences typically involve many of the same types of penalties. Gambling can be classified as either a misdemeanor offense or a felony, depending on the situation and state law.
Jail or Prison
Anyone convicted of misdemeanor gambling faces up to a year in a county or local jail, though state laws differ widely. Some states impose small maximum jail sentences for misdemeanor gambling, such as 20 days in jail. Felony convictions, on the other hand, can bring a year or more in prison, and sometimes as much as 10 years, especially where organized, professional gambling is present.
Fines
Misdemeanor fines for gambling are quite common, and range from a few hundred dollars up to $1,000 or more. Felony gambling fines can be significant, sometimes as much as $20,000 or more. Fines can be separate from, or in addition to, jail or prison sentences.
Probation
Instead of, or in addition to jail time and fines, courts can impose probation sentences for gambling convictions. These probation periods usually last 12 months or more. When a court orders probation it tells you to do (or not do) certain things. For example, the court may order you to stop gambling or to participate in a gambling addiction treatment program. You'll also probably have to report to a probation officer and stay out of trouble with the law. If you don't live up to the probation conditions, the court can revoke your probation and send you to serve the original jail or prison sentence.
Speak to a Lawyer
Illegal gambling charges can impose significant penalties and can have a serious impact on your life, even if you aren't convicted. Anyone charged with a gambling crime needs to speak to a local criminal defense lawyer at the first opportunity. A good defense attorney will know the gambling laws in your state and have experience with the local prosecutors, judges, and court system. It's always in your best interests to speak to a local criminal defense attorney anytime you are charged with a gambling crime.
Hardin v. NBC UNIVERSAL INC., 660 S.E.2d 374 (Ga. 2008)
Supreme Court of Georgia
660S.E.2d374 (2008)No. S08Q0323.
Supreme Court of Georgia.
April 21, 2008.James Clay Fuller, Jason Lance Crawford, Dustin Thomas Brown, Daughtery, Crawford, Fuller & Brown, LLP, Benjamin Arthur Land, Jerry A. Buchanan, Buchanan & Land, LLP, Columbus, for appellants.
Jonathan Ray Chally, L. Joseph Loveland, Jr., Sidney Stewart Haskins, II, King & Spalding, James L. Cooper, Arnold & Porter, LLP, Atlanta, for appellees.
THOMPSON, Justice.
Under the authority of 1983 Ga. Constitution, Art. VI, Sec. VI, Para. IV and OCGA § 15-2-9, the United States District Court for the Northern District of Georgia has certified two questions of Georgia law in a putative class action lawsuit pending in that court.
As stated in the district court's certification order, plaintiffs are Georgia residents who unsuccessfully played the 'Lucky Case Game,' which is televised as part of the NBC television program Deal or No Deal. During each broadcast of Deal or No Deal, an announcer invites home viewers to participate in the 'Lucky Case Game' by selecting one of six on-screen gold briefcases as the lucky case.[1] Viewers may submit their lucky case *375 choice free via the internet, or by text messaging for a fee of $.99. Toward the end of the program, the winning briefcase is revealed. Entrants who picked the correct 'lucky case' are entered into a random drawing, and the winner of that drawing receives a prize.
Plaintiffs brought this action against NBC Universal, Inc., Endemol USA, Inc., and VeriSign, Inc. (the organizers and sponsors of the game), under the authority of OCGA § 13-8-3(b), which allows the loser of a gambling consideration to maintain a private, civil action to recover damages from the winner. Through that action plaintiffs sought to recover�for themselves and on behalf of a class of Georgia residents who played defendants' games by sending a text message from a Georgia area code�the $.99 text message charge. Defendants have filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, asserting that plaintiffs have failed to state a claim upon which relief may be granted. In order to determine the threshold question of whether plaintiffs have stated a claim under OCGA § 13-8-3(b), the District Court certified the following questions to this Court:
1. Does OCGA § 13-8-3(b) authorize the filing and maintenance of a civil suit to recover money paid out or lost on account of one's participation in an illegal lottery?
2. If OCGA § 13-8-3(b) authorizes a suit to recover money paid out or lost on account of an illegal lottery, may the plaintiff in such a suit recover from the lottery's promoter or organizer?
For the reasons which follow, we hold that OCGA § 13-8-3(b) does not authorize plaintiffs to recover from defendants the text message charges they paid to participate in the lucky case game. Accordingly, we do not reach the second question.
OCGA § 13-8-3(a) declares that '[g]ambling contracts are void; and all evidences of debt . . . executed upon a gambling consideration, are void in the hands of any person.' Subsection (b), however, establishes an exception to the rule that illegal contracts generally will not be enforced and that the law will not aid parties in pari delicto, but will leave the parties where it finds them. OCGA § 13-8-3(b) provides:
Ocga Illegal Gambling Laws
Money paid or property delivered upon a gambling consideration may be recovered from the winner by the loser by institution of an action for the same [within specified time parameters]. . . .
OCGA § 13-8-3 had its genesis in the Acts of 1764 and 1765 (Cobb 725-727); the Act of 1765 first 'provided that persons who might lose money or goods by `playing' or `betting' at `any game whatever' might, after having `paid or delivered' the money or goods so lost, maintain a suit for its recovery against the `winner.' Lasseter v. O'Neill,162Ga.826, 829, 135S.E.78 (1926). The public policy interests underlying the Act were described in Dyer v. Benson,69Ga.609, 610 (1882): '`[T]he great rule of public policy established by our legislature is, that the winner shall not be protected in his unlawful gains, and that the loser, though party to an illegal wager, may sue and recover back the money.'
This civil right of action was essentially codified in the Code of 1861 and carried forward in the Code of 1910, which authorized recovery for money or property paid upon a 'gaming consideration.' When the Code was revised in 1982, a minor change was made in the language of OCGA § 13-8-3(b) to permit civil recovery for 'gambling consideration,' as opposed to the earlier phrase 'gaming consideration.'
Thus, to state a claim against defendants under OCGA § 13-8-3, plaintiffs must allege that a 'gambling contract,' which was supported by a 'gambling consideration,' existed between the parties. A gambling or wagering contract was defined in Martin v. Citizens Bank of Marshallville,177Ga.871, 874, 171S.E.711 (1933), as '`one in which the parties in effect stipulate that they shall gain or lose upon the happening of an . . . event in which they have no interest except that arising from the possibility of such gain or loss.' . . . By the terms of such a contract the consideration must fall to the one or the other upon the determination of the specified event.' Applying the definition in Martin, we agree with the district court that the contract between plaintiffs and defendants in *376 this case 'does not involve a bet or wager, neither defendants nor any participant is certain to lose, and the contract's consideration [the $.99 text messaging entry fee] never hangs in the balance.' Accord Talley v. Mathis, 265 Ga. 179(1), 453S.E.2d704 (1995) (no gambling contract existed unless parties contracted to gamble against one another and one party lost). Accordingly, we find an absence of gambling consideration and therefore, by its terms, OCGA § 13-8-3(b) offers no avenue of recovery to plaintiffs. Other courts in analogous situations have reached similar conclusions. See Humphrey v. Viacom, Slip Copy, 2007WL1797648 (D.N.J.) (entry fees paid to participate in defendants' fantasy sports leagues are not 'bets' or 'wagers' because, inter alia, '[d]efendants do not compete for the prizes'); Las Vegas Hacienda v. Gibson,77Nev.25, 359P.2d85 (1961) (offering prize to winner of competition does not constitute wagering contract if the offeror does not participate in the competition and has no chance of winning the prize).
Ocga Illegal Gambling Meaning
Plaintiffs nonetheless assert that the activity in question constitutes an illegal lottery, thus is 'commercial gambling' under OCGA § 16-12-22(a)(6) of Georgia's Criminal Code, and therefore, OCGA § 13-8-3 provides them the right to assert a civil cause of action. Even assuming the activity constitutes an illegal lottery under Georgia law,[2] there was no gambling contract and it follows no 'gambling consideration' for purposes of recovery under OCGA § 13-8-3. See Martin, supra; Thompson, supra, 74 Ga.App. at 427, 39S.E.2d720 (§ 20-505, predecessor to OCGA § 13-8-3, did not authorize recovery of money paid out or lost in operation of lottery).
Nor do we accept plaintiffs' suggestion that the minor alteration in the language of OCGA § 13-8-3(b) from 'gaming consideration' to 'gambling consideration' constituted a change which would abrogate all previous authority interpreting the statute. Nothing in the Code suggests that the change from 'gaming' to 'gambling' was intended to broaden the reach of the civil recovery statute. Indeed, the change is minor. See Black's Law Dictionary which defines 'gaming' as 'the practice or act of gambling.' The 1982 Legislature (and subsequent bodies), with knowledge of the foregoing authority, could have modified OCGA § 13-8-3(b) to expressly include lotteries within its scope; however, it did not do so. Thus, we are guided by the statement of legislative intent in OCGA § 1-1-2 which provides: '[e]xcept as otherwise specifically provided . . . the enactment of this Code . . . is not intended to alter the substantive law in existence.'
Accordingly, we hold that OCGA § 13-8-3(b) does not authorize the filing of a civil suit to recover the text message fees paid by plaintiffs in this case.
Question answered.
All the Justices concur.
NOTES
[1] It was conceded at oral argument that defendants no longer offer the Lucky Case Game to residents of Georgia.
[2] Although we do not reach the question of whether the activity involved in this case constitutes a 'lottery,' we note that the law has consistently excluded lotteries from the scope of OCGA § 13-8-3(b) and its predecessor statutes and Acts. See Lasseter v. O'Neil, supra at 829, 135S.E.78 (Acts of 1764 and 1765 'did not authorize suits to recover money . . . paid out on account of losses by lotteries or transactions in the nature of lotteries'); Thompson v. Ledbetter, 74 Ga.App. 427, 39S.E.2d720 (1946) (Code did not authorize suits for recovery of money paid on account of lotteries); Moore v. Atlanta Athletic Club, 79 Ga.App. 41, 52S.E.2d628 (1949) (applying Thompson).
