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Showing posts with label gambling and the law. Show all posts
Showing posts with label gambling and the law. Show all posts

Saturday, May 21, 2011

Relentless Defense Writes “U.S. Attorney’s Office on Tilt”

us dept of justiceThe lawyers from the Relentless Defense website write an excellent article regarding the DoJ action against PokerStars, Full Tilt Poker and UltimateBet on April 15, 2011 debunking many charges and clarifying the legal situation and parallel the thoughts of I. Nelson Rose, an expert on Gambling and the Law (read his articles on www.gamblingandthelaw.com).

United States v. Scheinberg, et. al.

It has long been axiomatic that criminal statutes should be written in such a manner that there remains no ambiguity regarding the prohibited conduct.[1] After all, a person has a right to know exactly what conduct he may engage in without running afoul of power hungry prosecutors. While it has never been quite enough, it is this maxim that has occasionally restrained Federal prosecutors from using the strong-arm tactics of a Mafia Don. But not today.

Relying primarily on the Unlawful Internet Gambling Enforcement Act (UIGEA) (31 U.S.C. §5361, et. al.) on April 15, 2011, the U.S. Attorney’s Office for the Southern District of Manhattan brazenly seized the websites of Full Tilt Poker, Poker Stars, and Absolute Poker and unsealed indictments against eleven individuals, including the founders of the poker sites and four bankers, charging them with bank fraud, money laundering, and illegal gambling. The U.S. Attorney’s Office is seeking at least $3 billion in “civil money laundering penalties and forfeiture” from the poker sites and the defendants. Before moving on the poker sites, the U.S. Attorney’s Office secured restraining orders against at least 75 bank accounts allegedly used by the poker sites to process their payments.

For those who operated the sites and for those who played poker at their online tables, April 15th was characterized as “Black Friday.”

A criminal indictment is no small matter. The power to indict is the power to destroy. Those targeted today by the Federal government are unable to access much of their funds, making it difficult if not impossible for them to meet their obligations.  They stagger from the blows to their reputations, watch helplessly as their friends recoil from them, and awaken every morning to the crippling fear of incarceration. In our Federal courts the presumption of innocence is meaningless, for without a single conviction, these ruthless prosecutors have taken all these men have and threaten to confiscate whatever morsel they have so far missed. Even if exonerated, the damage done to these men is severe and very likely irreversible. Given this awesome power, one would hope that these prosecutors would not arbitrarily ruin the lives of their fellow citizens unless they were sure these individuals had violated a criminal statute.  Not so.

Read the rest of the article