Manne wrote:
The U. S. Department of Justice filed documents yesterday in response to arguments from two of the accused bankers in the “Black Friday” indictments, giving some insights into how the federal government will be prosecuting the case.
The response, a 51 page document filed on Friday in response to the pre-trial motions to dismiss charges against former Utah banker John Campos and payment processor Chad Elie, was reported by Forbes magazine writer Nathan Vardi Friday evening. In that article, Vardi details out the federal government’s objections to dismissal of the charges on several grounds and also introduces other allegations about the “Black Friday” case.
According to Vardi, federal prosecutors claim that the conduct of Campos and Elie “amounts to clear violations of the statutes charged.” Campos and Elie, along with the owners of PokerStars, Full Tilt Poker and the CEREUS Network sites Absolute Poker and
UB.com, were charged with money laundering, bank fraud and violations of the Unlawful Internet Gaming Enforcement Act (UIGEA) of 2006. The prosecutors allege that the argument by the defendants in the “Black Friday” case – that poker is a game of skill and not gambling – is wrong.
Perhaps a more serious allegation is brought up in the federal government’s response in that there was involvement by organized crime in the case. Vardi writes that the response claims that a “La Cosa Nostra” (the federal term for the Mafia) associate was called in to collect money from Elie that he was accused of stealing from the online poker companies. This, Vardi states, is an attack on the argument that the online poker industry had no connections with organized crime.
Federal prosecutors also dispel assertions from Elie that there was no conspiracy to commit bank fraud and Campos and Elie’s claims that the laws currently on the books do not apply to poker. Vardi reports that the court papers filed on Friday stated that the poker companies “engaged Elie and Campos, among others, to perform an indispensable service: find ways, by hook or crook, to move money from United States residents, through the United States financial system, to the offshore accounts of the poker companies. They did so in violation of the IGBA (the Illegal Gambling Business Act), the UIGEA and other federal statutes.”
To this point, Campos and Elie are the only defendants who have made any response to the “Black Friday” allegations of the U. S. Department of Justice. Two other alleged payment processors – Bradley Franzen and Ira Rubin – have been arrested, but have not made any legal statements regarding the case. None of the alleged ownership of the online companies – PokerStars’ Isai Scheinberg and Paul Tate, the CEREUS Network’s Scott Tom and Brent Beckley and Full Tilt Poker’s Ray Bitar, Nelson Burtnick, Howard Lederer, Chris Ferguson and Rafe Furst – has issued any statements or response to the current litigation.
The six months plus that has followed the “Black Friday” indictments has virtually eliminated online poker in the United States, save for a few operations who continue to offer poker for American action. The CEREUS Network recently announced that the company would be liquidated to allow the company to pay back players. Full Tilt Poker, after being totally shut down in June, is still in the process of an ownership change, with the French investment firm Groupe Bernard Tapie tentatively looking to buy the company and restart it for the international poker world. The only site that has stayed viable is PokerStars, who remained the number one online site in the industry after quickly paying back American players following the “Black Friday” indictments and continues to serve customers worldwide.
The motions by Campos and Elie – and the response by the federal government – are just the first steps in what will be a long process. There was no action from the court to the federal government’s response to the Campos/Elie motion and no date was given for a decision on those motions.
It may be recalled that the US federal government had cracked down on UB and Absolute Poker and had seized their funds in mid-April this year. Besides UB and Absolute Poker, Full Tilt Poker and PokerStars were also accused of violating the Unlawful Internet Gambling Enforcement Act (UIGEA) 2006 and their CEOs were booked on various counts of money laundering, bank fraud, and illegal gambling.
Six months have passed after the federal crackdown, and during these six months, Absolute Poker and UB players have been unable to withdraw their frozen poker funds. Now, they will finally be refunded.
The Kahnawake Gaming Commissioner (KGC), based in Canada, issued a press statement regarding numerous meetings held over the past weeks with Blanca Gaming, the company that took over the Cereus Poker Network in August 2010, to discuss ways and means of refunding UB and Absolute Poker’s US players. According to the KGC statement, Blanca’s assets will be liquidated and the proceeds will be delivered to the players. The proposal has been placed before the US District Court of Southern District of New York (SDNY) for its approval. The KGC has also assured that, throughout these past six months, it has been concerned about refunding Absolute Poker’s and UB Poker’s US as well as non US players’ frozen poker funds at the earliest possible.
Needless to say, this piece of news should make aggrieved ex poker players of UB Poker and Absolute Poker happy. Many of them have already migrated to other online poker rooms and have resumed their online poker activities there. Simultaneously, these players cannot be expected to start celebrating until and unless they have seen their frozen poker funds in their own bank accounts.
Bitter players have not forgotten that UB Poker and Absolute Poker had talked of reaching an agreement regarding refunding players with the US DoJ in May. Nothing came out of this assurance, and players were left wondering if they will ever see their money again. Five months later, the Cereus Network is again promising to refund the players.
Ex players of UB and Absolute Poker have been waiting long for what is rightfully theirs and it can be only hoped that they will be refunded soon.