Quote:
Originally Posted by mpethybridge
The seized funds could be released if:
1. The doj loses on ALL counts in the indictment; AND
2. The doj loses the civil case as well; OR,
3. The seized funds are proved to be not forfeitable proceeds of illegal activity (such as, for example, if all or part of the seized funds are proved to be player funds and the court rules player funds are not forfeitable).
#3 above is very tricky, legally speaking. I wouldn't want to bet on us getting our money back on this basis alone.
This is a sad realization for many.
Can we go farther to think that #1 and #2 are also not possible without FTP et al putting on a defense? I mean, especially with respect to the civil case, at least with respect to the seizures of FTP and associated companies, the Gov't would win by default. Whether or not the forfeiture is granted in the civil case (which is already underway), it could be held in obeyance by the court pending the disposition of the criminal case, which may never take place, at least with respect to those indictees not already in custody, right?
Also, a few of the account holders have filed intentions to make claims against the funds, but certainly that would be in their own names, and not for the benefit of the players. The full answers, for pretty much everyone in the civil case, are not due until Sept 30.
The class action suit is still in play as well,possibly in a big way (answers have been filed by the defendants including motions to dismiss)and the plaintiffs have now asked for a conference to discuss the renewal of the Preliminary Injunction, an accounting and limited expedited discovery, schedule for the discovery, and their timeline for responding to the defendants answers and motions.
Finally, I have a question re #3... I have read that the govt need not prove that ALL the funds in an account under seizure warrant need to be proceeds of the crimes, but if they are commingled, its only necessary to prove that SOME are..is that true? (BTW, I think I have seen exactly the opposite argument in consideration of conversion).
Of course, even after a default judgment or any other ruling granting the forfeiture takes place, there is a still a window for parties to make claims against the funds before the government takes full control of the funds. Obviously, as players, we would still face the same problems making a claim that we did prior to July 15.