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Poker: Ecash Processors Fight Back

The week ended on a dramatic note when Account Services Corporation, one of the e-processing companies impacted by the seizure of on-deposit online poker player funds taken by the US Attorney for the Southern District of New York, fought back.
 
The company filed a Motion for Return of Property, naming the US Attorney for the Southern District of California, Karen Hewitt; the US Attorney for the Southern District of New York, Lev Daesin and Assistant US Attorneys Arlo Devlin-Brown and Jeffrey Alberts. Pokerstars
 
ASC's legal representatives asked the courts to order the return of funds seized from Wells Fargo Bank and from Union Bank, N.A., naming specific account numbers in terms of Rule 41(g) of the Federal Rules of Criminal Procedure, and justifying the claim with extensive information on the popularity of poker and extending to detail on the skill vs. chance argument, citing legal precedents.
 
The filing emphasised that the seized deposits rightfully belonged and were under the control of online poker players.  The company was also prejudiced by the damage to its reputation and trust which the seizures had caused.
 
ASC argues that the seizures are patently unreasonable, and asks the court to order without delay the return of the monies involved.
 
The filing asks for the immediate "....release and return of funds totaling approximately $13,000,000.00  held in account number 7986104185 with Wells Fargo Bank in Escondido, California, and funds in excess of $1,000,000.00 held in accounts numbered 353000248 and 353000256 with Union Bank, N.A. in San Diego, California.  The Wells Fargo funds were seized pursuant to a warrant, whereas the Union Bank funds were seized without a warrant in the Southern District of California," the papers explain. 
 
"ASC respectfully submits that this Court has equitable jurisdiction over this Motion, and requests the release and return of the property for the reasons set forth in the attached Memorandum of Points and Authorities."
 
The filing is dated July 10 and was submitted by the law offices of Michael Pancer.
 
Pancer establishes the right of ASC to act in the matter by claiming: "It is beyond dispute that ASC has an interest in the seized accounts: ASC owned the accounts, which consisted in large part of money held in trust by ASC for approximately 13 800 individual poker players, as well as operating funds. ASC owed each of those individual players a fiduciary duty, which it breached when checks issued by ASC, payable to the individual players, bounced as a result of this seizure. 
 
"Notwithstanding the fact that some of the players may have been credited for their lost funds by the operators, ASC still has an interest in and a need for return of the money.  In many cases, individual players cash their checks at check cashing businesses across the country; ASC is now liable to every one of those cash checking business that paid players for what were bad checks, and receives daily demands for reimbursement of the bounced checks. 
 
"ASC will suffer irreparable injury if the property is not returned. The government caused irreparable injury to ASC when it unlawfully seized the funds in ASC's Wells Fargo and Union Bank accounts.  ASC was placed in an untenable position by the government when checks, payable to individual players for whom ASC held money in trust, bounced.  Furthermore, as discussed above, ASC is now exposed to demands and threats of civil suit from check cashing businesses that cashed individual players' checks which subsequently bounced," the filing informs. 
 
In its conclusion, the filing alternatively requests that the Court conduct an Evidentiary Hearing on the issues raised by the motion.

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Gambling News :

Michael Myers is back in Halloween Slot Machine - Get ready for a blood-curdling adventure with Microgaming’s latest offering – Halloween Follow Annie, Lynda, Doctor Loomis, and our heroine Laurie as they try to survive the ultimate horror movie villain, Michael Myers.

Joe Fortune new Rewards Program - Once you sign up, you’re automatically enrolled in the rewards program – and that’s when the epic journey begins. You’ll start earning Adventure Miles immediately, and can embark on the quest of a lifetime: To get paid to play, which stays true to the rewards program’s slogan, ‘Play More Get More’.

Day 1a MPN Poker Tour Tallinn Main Event - Day 1a brought 106 entries into the €550 Main Event, with nearly as many players turning out for the last €35 super satellite into tomorrow’s Day 1b

NHL Odds: Toronto Maple Leafs vs. Washington Capitals on Tuesday - Auston Matthews and the Toronto Maple Leafs touch down in DC this Tuesday (7 PM ET on TSN) as one of the hottest teams in the NHL. They've tallied a ridiculous 26 goals through only five games played; that's more than five goals scored per game on average. They'll be up against an equally potent Washington Capitals team.

Pro League Reveals Sportradar Contract Details - The partnership between the PLC and Sportradar aims to provide a high-quality level of service to all Arabian Gulf League stakeholders in addition to making verified official data about players performances available to coaching and scouting staff and supplying match information to media outlets.

NFL Odds: Steelers Visit Undefeated Chiefs #TNF - The Kansas City Chiefs (5-0 SU and ATS) have been flawless as an NFL pick thus far. Their chances of remaining undefeated in Week 6 look good; after opening at –4.5, Kansas City is a 5-point home chalk for Sunday’s game against the Pittsburgh Steelers (3-2 SU, 2-3 ATS), beginning at 4:25 PM ET on CBS.

Mega Moolah strikes again - The jackpot was hit on a mobile device on Sunday 1 October 2017 by a UK player on Betway, this time awarding a £1,448,116.31 pay day.

2 New Slots For Microgaming Casinos - David Reynolds, Games Publisher at Microgaming, comments: “On top of our branded title game Halloween, we’re delivering two more slots this October, each bringing exciting features and a different theme.

MLS Odds: Red Bulls vs. Whitecaps - The New York Red Bulls (12W, 12L, 7T) haven’t won a match since August 15, but they’re –165 favorites this Saturday against the visiting Vancouver Whitecaps (15W, 10L, 6T), beginning at 5 PM ET. Vancouver is a +475 underdog with the draw priced at +285.

Velka Pardubicka On RacingUK - Felix de Giles flies the British flag in Sunday’s Velka Pardubicka

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