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Originally Posted by HTwnPokerGuy
See that's the thing. The stacking charge approach is designed to avoid court. Organized crime and money laundering are FELONIES. Money laundering with millions in proceeds is a first degree felony where the penalty is LIFE in prison!
1) The DAO has failed miserably in other money laundering cases involving game room operators. You and your handlers CONTINUE to ignore that reality along with the other reality that the DAO has to routinely return funds that were seized.
2) You and your handlers again fail to demonstrate any grasp of the Texas Penal Code. They would do well to talk to those of us who work in this arena.
3) The money laundering charge filed as a Complaint against seven of the nine (there are no indictments at present) lean on the Engaging in Organized Criminal Activity, specifically gambling (a misdemeanor). While the dollar amount is in the first-degree level, this does not mean a life sentence. If you truly believe the hype, you are an idiot. Disposition options on a first-degree felony could be anything from probation to a term in TDCJ of between five years to 99 or life. First offenders who the State actually manages to convict (few and far between, even for the cases related to drugs) tend not to be double-digit sentences unless you could probation terms of ten years as a double-digit sentence.
4) When the Court grants the Motion related to the fact that there was not gambling that had occurred, the EOCA falls and when the EOCA falls, so to does the money laundering charge.
5) At the moment, there have been no charges filed of Engaging in Organized Criminal Activity.
6) That players were not charged and were, in fact, permitted to keep their chips lends to the fact that there was no actual gambling that took place.
7) Lost in the shuffle (pun intended) is that both Prime and Post Oak had actual kitchens and bar service. Thus the 'private place' element becomes even easier to demonstrate vis-a-vis the country club analogy. While people had to pay to enter, they did not have to play poker and, in fact, had other options available to them once inside the premises.
8) You prove yet again that you are incapable of an original thought on this matter, quite probably because you apparently have precisely zero experience in the criminal defense arena, whether trial, appellate or other post-conviction specialization.
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No one in their right mind is going to risk that. They're all going to take plea deals for lesser charges...pay fines, probation, deferred adjudication, etc.
This is what the people running these clubs have never gotten and are now learning. They've been so hung up on the affirmative defense and haven't paid attention to how these cases actually go. The DA charges gambling promotion which has no affirmative defense. The DA stacks nasty felonies on top to get you to plead guilty to a lesser offense. The county files a civil nuisance suit to shut you down.
A SINGLE charge exists against seven of the nine at present. What happens after Grand Jury presentment remains to be seen. However, the HCDAO has a poor history at any manner of game-room prosecution when they over-reach into the felony arena. You have been schooled on this in the past but choose to ignore it, as do the spoon-feeders you rely upon for your talking points.
You ALSO ignore that there are ZERO charges filed here related to gambling. The prosecution is built upon a house of cards that is going to fail spectacularly. Funds WILL be returned and there will be nobody going to prison.