Using the WTO ruling as defense in criminal cases.

[Zetack]

Here is a very intersting blog on how the defendants in the Betonsports prosecutions are attempting to use the WTO rulings and GATS treaties to show that online gambling by americans on internationally based sites has to be legal.

A number of caveats here, this argument hasn't been ruled on, the case is likely to proceed very slowly, and even if the defendants win, there will be no precedential value.

However the basic principal is sound, and would transfer to a poker context, so its interesting reading.

Link to article (http://www.fulltiltpoker.com/poker-blog/2007/11/272_adventures_in_the_law_part_vii_charming_betsy_ and_the_future_of_online_poker.php)

[MiltonFriedman]

This is not a new topic here. The briefing was done long ago, we are waiting for a decision.

There was a post in another thread which imolied movement in the Kaplan/BOS case: "They [DOJ] just got a judge in the BOS case to agree the Wire Act covers more than sports betting."

Does anyone have knowledge of wha this "just got a judge" refers to ? Any new developments ?

[JPFisher55]

Milton, it was a recommendation by a federal magistrate to the district court judge in the BetOnSports case and not a ruling of any kind. IMO completely misinterpreted the Wire Act and recommended ignoring the In Re Mastercard case. However, the judge has yet to issue any ruling.

[sobefuddled]

From
All Eyes On BetonSports Case
by Karl Yu, WinnerOnline
8 June, 2007
http://www1.winneronline.com/articles/june2007/BoSprecedence.htm
Another development sees Carruthers’ legal team being granted the ability to use World Trade Organization rulings that favor Antigua against the United States by a district court judge, an advantage for sure, but Walters downplayed the significance of this.

“The ruling was more along the lines of allowing the defense to raise new arguments that had not been asserted in their previous motion to dismiss and I wouldn’t read too much into that ruling,” explained Walters.

“All the court is saying is ‘certain things happened at the WTO after the deadline for filing motions to dismiss. Since you weren’t able to raise those issues in the initial paperwork you filed, we’re going to give you a chance to raise those issues now.’ Based on the prior rulings that we saw in the case by the Magistrate judge, I wouldn’t hold out a lot of hope that the WTO issues are going to go very far in this case.”

The ramifications of the BetonSports or even the case against NETeller founders Stephen Lawrence and John Lefebvre could be monumental and will not only affect online gambling, but the way the American legal system views online gambling as well.

“This is the law of online gambling evolving before our very eyes,” Walters explained.

“I can tell you that the UIGEA that was recently passed has a number of potential legal defects built into it. It was a rushed piece of legislation that I suspect may very well be either partially or completely invalidated by the courts if they’re given an opportunity in some future case.”

“These are all new opportunities for the courts to make law and to interpret law that has not been addressed.”

“In a way it’s an exciting time but everyone is apprehensive as well.”