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Poker.co.uk - Poker News Archive
Thursday 24th December 2009 Kentucky wants to target online gamers
In a new twist to the long-running battle between Kentucky and the online gaming industry, lawyers representing the southern American state have now filed a motion asking the Franklin County Circuit Court to add the names of US citizens and companies to a lawsuit seeking the forfeiture of 141 domain names.
Kentucky’s previous effort to seize website names including AbsolutePoker.com, BodogLife.com, DoylesRoom.com, FullTiltPoker.com and PokerStars.com was blocked in January by the Kentucky Court Of Appeals ruling in favour of a number of industry groups including the Interactive Media Entertainment And Gaming Association (iMEGA), the Interactive Gaming Council and Sportsbook.com.
However, the state appealed and a final decision from the Kentucky Supreme Court is pending after the body heard oral arguments in October.
“In the course of the litigation and the Commonwealth’s continuing investigation, the Commonwealth has learned the identity of certain entities and individuals involved in internet gambling operations, some of whom are US citizens,” read the motion.
“The Commonwealth asks for leave to amend its complaint to add causes of action against these individuals and entities in personam.”
Despite a request from lawyers working for iMEGA, the state has not revealed the names of any of the people or companies that could be added to the seizure effort.
“It’s odd that Kentucky’s lawyers would try something like this at such a late date since we’re expecting a decision on this matter from the State Supreme Court any day now,” said Joe Brennan, Chairman for iMEGA.
“It seems like a ‘Hail Mary pass’ to me. We’re unaware of any ‘investigations’ by the state Attorney-General or law enforcement in Kentucky. The Attorney-General himself asked to be dismissed from this suit last year and there are no indictments or convictions that would enable Kentucky’s lawyers to add the names of individual US citizens to their seizure action.
“If anything, this last-minute gambit highlights our argument that Kentucky and the lower court provided no due process to the domain owners since they seem bent on continuing down that path even now.”
The new motion is scheduled to be heard by the Franklin County Circuit Court on January 20 before Judge Thomas Wingate. A controversial figure, Wingate issued the original seizure order for the 141 domain names in September of 2008 during a secret hearing with Kentucky’s lawyers.
Source: OnlineCasinoNews
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