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Old 09-26-2007, 01:28 PM
Tofu_boy Tofu_boy is offline
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Join Date: Jul 2006
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Default Re: Imega hearing outcome

Online Gambling Hearing in Trenton: iMEGA vs. The UIGEA
Updated 10:56 am: Gambling911.com was live this morning in Trenton, New Jersey where the Honorable Judge Mary L. Cooper (3rd District/Trenton division) heard arguments for a temporary restraining order to halt the enforcement of the Unlawful Internet Gambling Enforcement Act.

Judge Cooper was through by 10:35 am EST and determined that "this was a case against a complicated backdrop" and would require her to review further over the coming weeks. No decision was made from the bench. However, iMEGA's legal team felt very confident after today's hearing.

The government was less than commanding in its performance and the attorney representing the US, Jacqueline Coleman Snead, at times seemed "intimidated". She sat alone in the court room while the iMEGA team arrived with two powerful attorneys and its organization representatives.

The Honorable Judge Cooper aggressively challenged the US government and its Motion to Dismiss.

The US Government repeatedly claimed that iMEGA did not have the legal standing to argue first amendment law while also stating that first amendment law did not apply to this case.

Ms. Coleman Snead also claimed that the UIGEA was not intended to prosecute American citizens for betting online and that therefore no US citizen would be adversely affected by this law. iMEGA's attorneys refuted this and pointed out that the civil portion of the law mentions "any person" could be prosecuted.

Originally, the hearing was scheduled for September 4, but the US government needed more time.

iMEGA is seeking judgment restraining the United States from enforcing the “Unlawful Internet Gambling Enforcement Act of 2006” (UIGEA) through its complaint (iMEGA v. Gonzales, et al,). The current law prevents US credit-card companies and banks from processing payments to online gambling businesses. According to the Act, violators are subject to civil and/or criminal penalties including imprisonment.

iMEGA feels that the law, if allowed to stand, would create a bad precedent that would chill innovation and the growth of e-commerce by US firms, and permit the flow of jobs and Internet firms out of the US to avoid stifling laws. In the case of UIGEA, iMEGA believes that the embrace of readily-available, commercial technology can help remedy the social ills (underage and compulsive gambling, as well as fraud) far better than this law, which - ironically - would likely exacerbate problem gambling.

iMEGA is accepting individual and corporate members in its trade association, as well as donations to the iMEGA Fund, which goes toward the work needed to keep the Internet “free, open and innovative”.
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