Internet Gambling: Kentucky Asks Court to Add US Defendants to Domain Seizure List

**companyone** · 12-16-2009, 08:08 PM

Hi,

Internet Gambling: Kentucky Asks Court to Add US Defendants to Domain Seizure List

Written by Thomas Jensen
Wednesday, 16 December 2009

Lawyers representing the Commonwealth of Kentucky have asked the Franklin County Circuit court to add names of US citizens and companies to a lawsuit that seeks the forfeiture of 141 Internet domain names. Kentucky’s effort to seize those Web site names, all related to Internet gambling, had been blocked by a January 2009 decision from the Kentucky Court of Appeals, in favor of iMEGA and other groups, including the Interactive Gaming Council and Sportsbook.com, representing the domain owners.

Though the new motion was made public by Kentucky’s lawyers, none of the names of the US citizens or companies to be added to the seizure effort were revealed, despite requests by iMEGA’s attorneys.

A decision from the Kentucky Supreme Court is pending, after the state’s lawyers challenged the Appeals Court verdict. Oral arguments from lawyers representing both sides of the dispute were heard by the Court in October of this year .

“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 U.S. citizens,” read the motion from Kentucky’s lawyers. “The Commonwealth asks for leave to amend its Complaint to add causes of action against these individuals and entities in personam.”

“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 iMEGA chairman Joe Brennan Jr. “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,” Brennan said. “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 motion called for a hearing on Jan. 20th, 2010, in Franklin Circuit Court, before Judge Thomas Wingate. In Sept. 2008, Judge Wingate issued the original seizure orders for the 141 domain names during a secret court hearing with Kentucky’s lawyers, one which the owners of the domain names were not informed of or given the opportunity to be represented by their own counsel. Source & Links

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Dan