WTO ruling to be offered as grounds for dismissal re Carruthers

[MiltonFriedman]

First, I owe an apology to JPFisher. I blasted his claim that the WTO actions may give grounds for dismissal of the Wire Act counts filed versus David Carruthers, formerly of BetOnSports.

Apparently, the Court is willing to consider such an argument as grounds for dismissal,according to Orders filed April 2 and April 25th. Interactive Gaming News provided a copy of the April 25th Order and explained:

"Carruthers May Use WTO Defense
Lawyers for ex-BetonSports CEO David Carruthers are being allowed to use the most recent World Trade Organization (WTO) ruling in the Antigua/United States dispute as grounds for dismissal of the case against their client.

According to court documents, Judge Mary Ann Medler of the United States District Court, Eastern District of Missouri, ruled that based on the March 30 WTO ruling, which said that the U.S. ban on Internet gambling is not compliant with the WTO General Agreement on Trade Services, Carruthers' lawyers may file another motion to dismiss the indictment. However, she stipulated that arguments must be based on the new WTO ruling, not on any past ruling.

Carruthers was arrested and indicted in July 2006 for conspiracy, racketeering and fraud in connection with taking illegal Internet bets from U.S. citizens. He remains on house arrest in a suburb of St. Louis.

The lawyers have until May 2 to file motions. "

[farmslicer7]

does this mean i get my 21k soon?

[Jack Bando]

How is a WTO ruling binding on a US court? Since the US is part of the WTO, it has to abide by it's decisions on a federal level since we are a member is my guess, am I close?

[bekman]

The WTO ruling can legally be used only as a "recommendation" to the court. While I am hoping that the judge will utilize this in her decision making, I feel that this might decrease the strength of the judges written opinion as precedent because the federal court system is in no way to be held responsible for ruling consistently with the opinion of WTO.

Cliff notes: I hope this changes the judges mind, but she doesn't officially write it down that the WTO changed her mind.

[Wynton]

Your apology is premature. The quoted language merely indicates that the judge is willing to consider the motion, which is far different from indicating that the motion will be granted.

[Skallagrim]

While I will not speculate on the outcome of the Motion, it is a general rule of law that when a Federal Statute is in conflict with an international treaty we have signed, the treaty controls.

[MiltonFriedman]

The apology was due, because I was pretty strong in calling him an idiot, or words to that effect, for posting it as a slam dunk.

Apparently, the Court is willing to listen, although I think it is, at best, a 1 outer chance of the motion being granted. LONG odds against it prevailing, but NOT drawing dead.