Albany, NY (PressExposure) July 22, 2009 -- In a move to finally see the $13 million in online gamblers money taken in June of 2009 finally returned to its rightful owners, Payment Processor Account Services has filed a motion in the Southern District Court of New York challenging the validity of the governments actions. In their complaint, the company is demanding the immediate release and return of all funds taken.
In the motion it was noted that the money was taken in accordance with a court issued warrant, while simultaneously separate, yet related funds were taken without benefit of court issued warrant from a Union Bank account in Southern California. Agents of the US Justice Department, operating out of the Southern District of New York State took control of the bulk of the funds intended for some 24 thousand online gamblers.
Though not party to the action, a spokesman for Online Betting did offer his opinion when contacted by phone recently. âThe intention of the lawsuit is to force the governments attorneys to come forth and lay out the the actual legal grounds that they had to take the funds in the first place.â
The unanimous opinion of bettingonlinebetting.com representatives and other online gambling interests is that as the law is written, the actual players who the funds belonged to, committed no crime and thus; are entitled to the return of their money. This opinion is based on the fact that (UIGEA), The Unlawful Internet Gambling Enforcement Act does not make it a crime to bet online.
Hence; as the law is written, the legal issue that the government has, if it has one, is with the financial institutions who only happened to be holding the funds at the behest of the online players. Add to that, according to Account Services the warrant that called for the seizure of the funds wasn't even issued until a full twelve days after the actual funds had been seized by the US Justice Department.
On a further note: The wording of the actual complaint filed seeking the immediate return of the funds lays out that the âthe government acted with callous disregard for the claimants constitutional rights affording protecting to all US citizens from unlawful seizure.â Account Services further alleges that it will suffer âirreparable injuryâ if they are not made whole by the immediate return of the money.