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-   -   Third continuance in NETeller case granted (http://archives1.twoplustwo.com/showthread.php?t=356639)

jman220 03-16-2007 02:54 PM

Re: Third continuance in NETeller case granted
 
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how many times can they keep delaying it before they have to go forward? as many times as they want? or is there some limit?

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what part did you not understand?
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The timing of filing formal charges (which is technically what we are waiting for) is solely within the discretion of the US attorney involved UNLESS neteller complains about the delay, or the judge wants to clear his docket by enforcing scheduling deadlines.

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sick.. so this could effectively go on for eternity then?

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No, that would violate the defendants constitutional rights to a speedy trial.

cardcounter0 03-16-2007 03:06 PM

Re: Third continuance in NETeller case granted
 
[ QUOTE ]
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how many times can they keep delaying it before they have to go forward? as many times as they want? or is there some limit?

[/ QUOTE ]
what part did you not understand?
[ QUOTE ]
The timing of filing formal charges (which is technically what we are waiting for) is solely within the discretion of the US attorney involved UNLESS neteller complains about the delay, or the judge wants to clear his docket by enforcing scheduling deadlines.

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sick.. so this could effectively go on for eternity then?

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No, that would violate the defendants constitutional rights to a speedy trial.

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Yes, the defendants can waive their rights to a speedy trial

Skallagrim 03-16-2007 03:16 PM

Re: Third continuance in NETeller case granted
 
The motion could have asked for more than the usual 30 day period, but that would be very...unusual. It is also theoretically possible that the USA is having difficulty getting a grand jury to return an indictment, but you would expect the defendants to insist on the 30 rule if this were the case.

The 2 defendants still own a lot, if not most, of neteller. And any charge against them could also be brought against the company (getting the company into court is another matter). That is why I think this delay is most likely indicative of attempts to reach an all encompassing negotiated resolution, ala paypal from the late 90's.

But never underestimate the importance of lawyers vacations [img]/images/graemlins/smile.gif[/img].

Skallagrim

Jay Cohen 03-16-2007 03:51 PM

Re: Third continuance in NETeller case granted
 
Actually what keeps passing are deadlines to inidict.

When you are charged with a criminal complaint as opposed to an indictment as they were (and so was I), the government has 30 days to indict you or the charges are automatically dropped.

The government has to ask the defendants to consent to an extra 30 days every month. Apparently they are granting it. I granted it once and force an indictment the second time. If you're fighting, what's the point of delaying things? But, if you are playing Let's Make a Deal.....

yahboohoo 03-16-2007 04:24 PM

Re: Another continuance in NETeller case granted
 
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The 2 defendants still own a lot, if not most, of neteller.

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Together, they own 12% -- 7% and 5% respectively.


And Jay Cohen is correct about charges -> indictments and continuances.

Little_Luck 03-16-2007 04:29 PM

Re: Another continuance in NETeller case granted
 
US Govt- Can we have more time to find a reason to take all your money and throw your founders in jail? Otherwise, we have to let you go.

NT- Okay.

???

Thremp 03-16-2007 04:36 PM

Re: Another continuance in NETeller case granted
 
Little Luck,

Its easier to get a deal done now... Instead of later.

Dire 03-16-2007 04:41 PM

Re: Another continuance in NETeller case granted
 
Why in the world would Neteller want the case to go forward? They're sitting on millions of US players' dollars, earning loads of interest. They'll never see the vast majority of that money again regardless of how this all turns out.

Neteller is just a sleazy company we all got sucked into for the sake of convienance.

JBB 03-16-2007 04:52 PM

Re: Another continuance in NETeller case granted
 
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US Govt- Can we have more time to find a reason to take all your money and throw your founders in jail? Otherwise, we have to let you go.

NT- Okay.

???

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I think it's more

US Gov't: We need more time to iron out details with you, can we get another 30 days so we can together work out a resolution where you guys stay out of jail, and we get a little off the top?

Neteller: Yea, cool brah.

Thremp 03-16-2007 04:55 PM

Re: Another continuance in NETeller case granted
 
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Why in the world would Neteller want the case to go forward? They're sitting on millions of US players' dollars, earning loads of interest. They'll never see the vast majority of that money again regardless of how this all turns out.

Neteller is just a sleazy company we all got sucked into for the sake of convienance.

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Are you [censored] retarded?

No really.


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