Bank Account Owner Files for Return of Online Poker Seizures
While the government keeps the online poker bank account seizures details under a tight lock and key, attempting to prevent residents from learning the illegal methods used against their money, some facts are drifting out. Account Services, one of the payment processors using the frozen accounts to pay Internet poker winners, has filed to force release of the stolen funds.Details from the motion before the US District Court in California reveal that the mysterious filing of another warrant last week against a bank was not the onset of further seizures, but rather the attempt to follow legal procedure by the US Attorney's Office after the fact. The second warrant, signed June 24th, gave permission to seize accounts at Union Bank which had already been seized on June 12th.
"As of the date of this filing, no criminal or civil action, including forfeiture, has been initiated with regard to this seizure,” says the motion by Account Services, according to Pocket Fives. “The Wells Fargo funds were seized pursuant to a warrant, whereas the Union Bank funds were seized without a warrant in the Southern District of California.”
At the beginning of June, the US Attorney's Office for the Southern District of New York arranged seizures of bank accounts carrying over $33 million in payments intended for players who had won at Internet poker. The government continues to act under a shroud of secrecy, avoiding due process rights while using an interpretation of the Wire Act discarded by the courts to validate the actions.
The legal action goes on to note that the seizure violates the Fourth Amendment, which requires probable cause and a valid warrant before any seizure could be conducted. Further, the motion says there is no probable cause that the funds are in any way connected with a crime.
Account Services says the government action is causing the company irreparable harm, and notes “its survival is threatened by the unlawful seizure.”
