PokerStars has filed a legal motion to dismiss the civil complaint of the US Department of Justice (DOJ) against it and its subsidiary companies, according to an article on eGaming Review. It reports that PokerStars argues the DOJ’s case suffers from three major flaws:
“First, it does not provide adequate detail to satisfy the heightened pleading requirements applicable to civil forfeiture and fraud actions. This vagueness fails to do what pleading rules require: Let PokerStars know what it is alleged to have done wrong so that it can marshal its defense.
“Second, the Complaint fails to state a legally viable theory of how PokerStars violated the Illegal Gambling Business Act, the wire and bank fraud statutes, and the money laundering statutes.
“Third, although the Government admits that PokerStars operated legally throughout the world – and has implicitly conceded that it has lawfully provided services in much of the United States – it seeks to seize all of PokerStars’ assets without showing that this Court has in rem jurisdiction over those assets and without attempting to separate PokerStars’ lawful income from the income that the Government alleges PokerStars earned through illegal activities.”
It is not known whether the PokerStars motion will have an adverse impact on current negotiations with the DOJ for PokerStars to acquire Full Tilt Poker and pay back its users.
Meanwhile, Tiltware board members Howard Lederer, Chris Ferguson and Rafe Furst were also reported as filing a similar motion to dismiss the civil complaint against them on July 9.
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