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UIGEA CHALLENGE BY iMEGA COULD BE HEARD IN APRIL
The Interactive Media Entertainment & Gaming Association (iMEGA) has announced that its legal team has been asked by the US 3rd Circuit Court of Appeals to provide notice of their availability in April 2009 for oral arguments in their challenge to a Federal law targeting the Internet gambling industry.
The court provided a list of possible dates to Eric Bernstein, lead counsel for iMEGA, and to the US Department of Justice, the lead defendant in the suit. The suit (iMEGA v. Keisler, et al) also names the Federal Trade Commission (FTC) and the Federal Reserve as defendants (see previous InfoPowa reports).
iMEGA’s suit challenges the constitutionality of the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), which prohibits US financial institutions from processing transactions between online gambling sites and US players, while shifting the determination, burden and cost of enforcement onto the financial institutions.
“We’re very happy the Court is moving forward to schedule oral arguments,” said Joe Brennan Jr., iMEGA chairman. “We’re confident we have a strong suit, and it will be difficult for the Department of Justice to defend UIGEA, because it is so fatally flawed.”
iMEGA’s attorneys argue that UIGEA should be ‘void for vagueness’, and that Congress erred when it declined to defined what “unlawful Internet gambling” is, as they are required. iMEGA also argues that Congress cannot delegate that necessary determination as to what is ‘lawful’ or ‘unlawful’ to US banks and credit card companies. The Department of Treasury, which crafted the regulations for UIGEA, testified last year before Congress that they themselves could not make the necessary determination.
iMEGA’s appeal follows a ruling by Judge Mary Cooper (US District Court, Trenton) that established iMEGA’s associational standing to challenge UIGEA on the behalf of its members and the Internet gambling industry, but was dismissed by Judge Cooper without considering the constitutional issues raised in iMEGA’s challenge.
iMEGA is a Washington DC-based, not-for-profit corporation which was founded in 2007 as a professional association dedicated to the continued growth and innovation of the Internet. The organisation maintains that growth and innovation is possible by continued adherence to the founding principles of the world’s online communities, and that openness and freedom will enable the Internet to become a means for citizens in national and global economies to raise standards for all who are touched by it
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.
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.
New MPN Poker Rooms Tower Torneos -
Impressed with Microgaming, having already integrated with the Quickfire platform to gain access to some of the industry’s best gaming content, Tower Torneos has extended the relationship with poker.<
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