US Department of Justice Seeks to Hide Online Casino Law Failings
An attorney representing the US Department of Justice refused to allow the Interactive Media Entertainment and Gaming Association to add crucial new evidence to its brief seeking the dismissal of the UIGEA online casino ban. Nicholas Bagley, the DoJ lawyer, won't consent to iMEGA bringing the court up to date on blunders and problems occurring since the finalization of the UIGEA gambling regulations last fall.Since the original court filings, two state lotteries, in North Dakota and New Hampshire, have lost millions as cautious credit card companies strive to avoid violating the UIGEA. Visa and Mastercard have blocked online sales for the lotteries as illegal online gambling, even though the UIGEA gives lotteries an exemption.
The new information goes to the heart of the iMEGA case, which says the UIGEA should be dismissed on vagueness. The lack of definition in the law was predicted to generate unintended adverse consequences, precisely like those the lotteries are feeling.
But federal lawyers, intent on winning rather than truly reaching a just and fair decision, won't let judges hear the new facts without a fight. Amazingly, the DoJ sent iMEGA a letter saying the lottery evidence was "inappropriate absent unusual circumstances," without stating what circumstances could be more unusual.
Joe Brennan Jr., iMEGA chairman, said on the organization website that the association would bypass the DoJ and file a formal motion with the court to submit the new information.
“I’m not surprised the DoJ does not want the Court to have this information,” stated Brennan. "“It’s proof of what iMEGA has said from the beginning: this law (UIGEA) is so vague the banks and credit card companies would wind up blocking every gaming transaction - even exempted ones - rather than risk violating the law. It’s no longer just a theory. It’s a fact.”
