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DOJ Serves Illegal Subpoenas For Online Gaming
LAS VEGAS, NEVADA October 20 2003-- The Interactive Gaming industry was thrown into shock earlier this week, following a series of illegal subpoenas issued by the Missouri office of the United States Department of Justice (DOJ). These subpoenas, issued to major sports information networks and publishing companies, subpoenaed all records pertaining to advertisements accepted by internet gaming establishments, even though no federal statutes prohibit businesses from accepting such advertisements.
The initial news of these developments circulated on October 16, 2003, as organizers of the Interactive Gaming & Entertainment Expo, scheduled for November 1 in Orlando, FL, would be postponed until Spring 2004. Speakers and Exhibitors who received the announcement were shocked to read the reason for the postponement, which read:
?The postponement was necessitated because of the current, and unfortunate, circumstances that have developed out of the Department of Justice offices located in St. Louis, Missouri. They are, as many of you are undoubtedly aware, pursuing a course of action determined to deter and hamper the offshore and online gaming industry, with intent to curtail advertising/marketing/merchandising/promotional and financial routes that are being currently pursued. They have, in fact, subpoenaed such organizations as the National Association of Broadcasters, Magazine Publishers of America, Independent Press Association, National Newspaper Association, Newspaper Association of America, the groups representing all newspapers in the country, Suburban Newspapers of America, as well as a number of others, inclusive of many sites and companies that have been accepting advertisements from offshore operators. This action has caused some of our speakers to attend to the needs of clients immediately and in the weeks ahead, and necessitated a number of attendees having to address this matter internally whether they were directly affected by it or not at this time.?
Later the same day, event organizer Mickey Charles announced that the Orlando event had to be canceled, in part, because the records of his own Pennsylvania based The Sports Network (TSN) had also been subpoenaed as part of this aggressive, yet illegal action by the DOJ. The subpoena requests all documents dating back to 1997.
While shocking to the industry as a whole, this action was only the latest in a series of subpoenas that have been described as a flagrant abuse of power by the DOJ. The previous day, Infinity Broadcasting announced that it would no longer carry advertisements from internet sportsbooks after receiving a subpoena. Prior to this, Phil Steele's North Coast Sports handicapping service was issued a subpoena to produce documents related to its affiliation with Costa Rica-based Millennium Sports; and Chicago-based College Football News was also subpoenaed and forced to turn over all advertising records pertaining to Carib Sports.
The US Department of Justice has issued a warning letter to all major radio broadcasting networks suggesting they could be in violation the law by accepting such ads. The letter does not implicitly claim any specific violation. However, this is a misrepresentation of the law at best, and is viewed as an intimidation tactic by many industry insiders.
?Currently, there are no federal statutes to prohibit the acceptance of advertisements from internet gaming sites?, stated Jerry Garner, Vice President of Operations for Casino Marketing Group of Las Vegas, Nevada, in an interview earlier today.
?If there are no laws against the activity, and no crime has been committed, then why is there an investigation? I, for one, would like to know what judge authorized this action, which makes a mockery of our nation?s judicial system.? he continued.
There is credibility to the argument Garner proposes. Attorneys for the US Federal Bankruptcy Court have verified that in order for a subpoena to hold up, the Court must be able to demonstrate that there are charges pending against a company and/or its representatives that advertise on the subpoenaed website, print magazine or even a radio station.
Currently, no charges have been filed against any party that has received a subpoena in these instances.
