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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 :

Live Dealer Now At Slotocash - Live Dealer can be found in the left navigation menu under 'Live Dealer' when you, the player is logged in to instant play.

Advantages of online slots over slot machines - The rise of online casinos means that players no longer have to leave their own house to play casino games.

Betradar Launches US Sports Betting Solutions - With only a few weeks to go until the betting and gambling world descends on ICE in London, Betradar have today announced that they will be launching a comprehensive range of tools and services to any company that will be looking to provide sports betting in a post-PASPA United States.

Abdelaouhab Zizi Wins MPNPT Morocco Main Event - Abdelaouhab Zizi has defeated fellow Casablanca resident Fadhil Farag heads up to win the 2018 MPN Poker Tour Morocco Main Event and MAD 375,000 (c. €33,220) after a two-way deal.

Final 12 For MPNPT Morocco - Sunday on the MPN Poker Tour Morocco will see several trophies awarded at the Mazagan Beach Resort, with the largest going to the Main Event champion along with a prize of MAD 400,000 (c.€35,400).

MPNPT Morocco Updates - Leading the 104 combined survivors from both flights is still Said El-Yousfi with 272,000 chips; visit the MPN Poker Tour blog for an end-of-day recap and full chip counts.

MPN Poker Tour Morocco Day 1A - The MPN Poker Tour has returned to Morocco this week (January 11-14), featuring the MAD 1.5 million guaranteed Main Event, accompanying side events, and the activities and parties for which this tour has now become known on two continents.

2018 MPN Poker Classic - The MPN announces the return of The Classic tournament series this January. The series is back following its successful €350,000 guaranteed debut in 2017. This time €500,000 is guaranteed, along with a once in a lifetime trip to Monaco for the Classic Champion.

PDC and Sportradar Renew Deal - Following this month’s hugely successful World Championship, the Professional Darts Corporation (PDC) and long-standing partners Sportradar have renewed their multi-faceted cooperation that will see the leader in sports data and content continuing in their role as official data

Poker Yaar Joins MPN - Available through download, instant play and mobile, Pokeryaar.com is live with Omaha, Hold’em and Five-Card poker variants, alongside MPN’s Fish Party, the industry’s only progressive jackpot SNGs.

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