Judge Rules Online Poker Seizure Warrants Must Be Unsealed
A filing by a gaming media company met with success today as a judge said warrants and affidavits used by the US Attorney's office to seize bank accounts related to online poker winnings had to be made public. The Department of Justice argued the documents needed to remain sealed to protect ongoing investigations, while Costigan Media, operator of Gambling911, contended the information legally had to be revealed.Judge Laura Swain said the US Attorney for the Southern District of New York did not demonstrate compelling reason to keep the warrants sealed. She will allow key names to be redacted when the public copies are released.
US prosecutors had used warrants, some of which apparently were written after the fact, to grab the funds from several bank accounts used to channel money to US residents who had won at online poker rooms. As much as $40 million was taken, but players received money sent by the major Internet gambling sites to replace what the feds confiscated.
Joe Brennan of iMEGA says the judge did allow for the sealing of certain sections, most likely names of cooperating individuals and key witnesses. But he noted to Poker News Daily that the judge's order forces the DoJ to update her frequently, so that remaining information can be disclosed at an appropriate stage of the investigation.
“The Court is required to order disclosure absent compelling reasons to deny access and even then must employ the least restrictive means of doing so,” said Swain in her fourteen-page decision.
