John Campos and Chad Elie, two men named in the Black Friday indictments, had filed new motions to dismiss on December’s Wire Act clarification, according to EGR Magazine.
However, Judge Lewis Kaplan has decided to dismiss them, one day after Elie and Campos had submitted the revised motions.
Lawyers defending the two men who are alleged to have illegally processed payments for American customers had tried to argue that IGBA (Illegal Gambling Business Act) “does not apply to poker”. They state that the US government had enforced the Wire Act on businesses and people for decades when later on it turned out some had not violated it. It’s because of this past conduct by the government that they believe the IGBA to hold “little, if any weight” along with the DoJ’s “adamant” argument that the Wire applies to poker.
They also dismiss the Unlawful Internet Gambling Enforcement Act, having stated that the US government’s change of position on the matter had shown the vagueness of both IGBA and the UIGEA, supporting their motions of dismiss.
Judge Kaplan has since stated that Elie and Campos are still to stand trial in April, having stated in December when both defendants had passed earlier motions “I think it’s extraordinarily unlikely that the entire indictment will be dismissed.”
The judge saw no reason to have any of the counts brought against Elie and Campos to be dismissed, either under IGBA or the UIGEA. He went on to address the joint claim by both defendants that “poker is not gambling.”
“If poker constitutes gambling as a matter of law, defendants are not entitled to dismissal of the IGBA counts. If it instead raises an issue of fact, it is a matter for trial, not disposition on a motion addressed to the indictment.”
Elie and Campos were arrested on Black Friday after indictments naming them along with nine other individuals. Along with them in the indictments included Full Tilt Poker’s Ray Bitar, Absolute Poker’s Scott Tom, Pokerstars’ Isai Scheinberg and Ira Rubin, who had entered a guilty plea earlier in January.