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. "