Quote:
Originally Posted by Chicago99
While I don't agree with the UIGEA, at all, what part of the prosecution is more immoral and corrupt than FTP blatantly violating banking laws?
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First of all, it has by no means been established that the sites violated banking laws. The only evidence we have for that at this moment is the woord of a prosecutor (in the form of the indictment) that has most likely already lied to a federal judge (more on that below). So my mind is still open on whether the sites actually violated the law.
What parts of the prosecution are immoral and corrupt? These:
1. State ethics laws vary, but, generally, I think, lawyers are prohibited from "threatening criminal prosecution to gain advantage in a civil case."
DOJ filed criminal charges and civil charges simultaneously. Is there any evidence that DOJ is using the criminal indictment as leverage in the civil case? yes, it is this:
a. The indictment was unsealed when the site owners were out of the country and not subject to extradition. This plainly suggests DOJ has no intention of ever bringing them to trial.
b. Meanwhile, there are mechanisms that exist for the civil suit to proceed regardless of whether the site owners appear to defend themselves.
c. Obviously, the criminal indictment has the effect of prohibiting the site owners from coming here and defending the civil case, thus leaving them exposed to the possibility of a default judgment against them.
2. State ethics laws do not vary on this point: It is unethical for a lawyer to mislead the court. Is there evidence that this has occurred? Yes, it is this:
a. DOJ had access to all of the information possessed by the Australian processor dude they flipped.
b. Thus, DOJ knew that processor accounts held player funds.
c. Thus, DOJ knew that it was seeking seizure of player funds.
d. DOJ did not tell the judge that some of the accounts seized contained player funds.
(I could make a similar case for non-processor accounts, but this is the clearest example).
3. As a separate and distinct ethical and moral issue, DOJ knowingly and intentionally seized player money to use as leverage against the sites to harm the sites financially. DOJ has done this in the past in previous seizure cases. Here is the process:
a. Seize player money
b. Use legal procedural tricks to halt any motion filed on behalf of players aimed at getting player money released from seizure (this succeeded in the Account Services seizure).
c. Wait for the sites to repay players out of pocket; this has the effect of essentially transforming the seized funds from player money to site money.
d. Offer a sweetheart plea deal to the indicted individual to falsely admit that the seized money belonged to him.
e. Profit.
I will admit that I cannot prove points 1 and 2 beyond a reasonable doubt, but there is evidence that both have occurred in this case.
Thus, it is my opinion that the conduct of the DOJ in this case has been far more immoral than what the sites have been alleged to have done. I stand by that opinion 100%