Breaking: John Campos, Chad Elie Request Dismissal After Wire Act ClarificationDOJ Says Clarification Irrelevant, Asks the Court to Deny Motions |
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In the wake of the DOJ’s surprising flip-flop of its longheld position on the 1961 Interstate Wire Act, attorneys for John Campos and Chad Elie, along with federal prosecutors, have laid out their arguments on how the new interpretation should or shouldn’t affect the case, according to documents obtained by Card Player.
On Monday in New York City, attorneys for the defendants — two men charged in connection with April’s Black Friday — filed a motion to dismiss all counts under the Illegal Gambling Business Act (IGBA) and the Unlawful Internet Gaming Enforcement Act (UIEGA).
Their lawyers contend that the DOJ’s new interpretation of the Wire Act confirms that poker falls outside the scope of the IGBA and the UIEGA.
The attorneys for the defendants are also questioning poker as gambling, arguing that it “involves a degree of skill that dwarfs that in games traditionally understood as gambling.”
In the DOJ’s supplemental memorandum (also filed Monday) in response to the request to dismiss the counts, it admitted that the Wire Act had “facial ambiguities caused by syntax and punctuation,” but that the IGBA and UIGEA don’t suffer from the same problems.
According to the government’s legal briefing, the Wire Act clarification is useless “to those offering Internet poker in a manner that violates state gambling law.” The DOJ wants the court to deny the defendants’ motion.
The attorneys for the defendants are arguing that the same ambiguity exists with the IGBA and the UIGEA. They said that the government is once again getting it wrong.
On Jan. 26, the U.S. District Court in the Southern District of New York told both parties to submit paperwork addressing any implications of the new Wire Act interpretation, as it pertains to the case.
Efforts to have the counts under the IGBA and UIEGA thrown out have been going on for months, even before the Wire Act clarification. Forbes reported in early December that the judge presiding over the case seemed unresponsive at a pretrial hearing to arguments for dismissal.
Both men face other charges, including money laundering and operating illegal gambling businesses. None of those indicted in April were charged under the Wire Act.
According to the Forbes article in December, the trial for United States of America vs. Chad Elie and John Campos is set for the spring.
Follow Brian Pempus on Twitter — @brianpempus
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