Online Poker Room Files Dismissal of Charges
Just last week, online poker room PokerStars filed a motion in court to see the civil charges against them dismissed. Several of the company’s subsidiaries were served with civil charges just last year from the Department of Justice in the United States.

PokerStars claimed that the complaint against them calls on ‘shady dealings and far-reaching conspiracies’ of tier operations in the United States. PokerStars states that the complaint has three flaws, which are quite major. The dismissal read in part:

“First, it does not provide adequate detail to satisfy the heightened pleading requirements applicable to civil forfeiture and fraud actions. This vagueness fails to do what pleading rules require: Let PokerStars know what it is alleged to have done wrong so that it can marshal its defense.

Second, the Complaint fails to state a legally viable theory of how PokerStars violated the Illegal Gambling Business Act, the wire- and bank-fraud statutes, and the money-laundering statutes.

Third, although the Government admits that PokerStars operated legally throughout the world – and has implicitly conceded that it has lawfully provided services in much of the United States – it seeks to
seize all of PokerStars’ assets without showing that this Court has in rem jurisdiction over those assets and without attempting to separate PokerStars’ lawful income from the income that the Government alleges PokerStars earned through illegal activities.”

Many in the industry believe that the recent filing could cause a delay or threat to the pending discussions of PokerStars takeover of Full Tilt Poker. But, if a judge approves the motion for dismissal, then PokerStars should be able to move forward with the takeover of Full Tilt Poker. More information in this case should be released in the coming weeks and we will release reports as it happens.

- 2012-07-18


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