Judge Drafts Decision in Phau Case Involving FBI ‘Cable Repair’ Ruse: Appeal Likely

A federal judge says she will issue a ruling over the next few days as to whether it was illegal for undercover FBI agents to shut off Internet service and pose as cable repairmen in an effort infiltrate a global World Cup betting ring.

U.S. Magistrate Judge Peggy Leen confirmed she is drafting the order and indicated it will likely be appealed to a district court judge.

"I imagine the non-prevailing party will take objection," Leen told prosecutors and defense attorneys during a brief courtroom hearing.

All but two of the seven defendants in the case have entered guilty pleas.  A wealthy businessman, Wei Seng "Paul" Phua, and his son Darren Wai Kit Phua, have elected to fight the charges, claiming the ruse was “unconstitutional”.   Paul Phua is active on the live poker tournament circuit and recently participated in the $1 million buy-in One Drop World Series of Poker event.

The trial has been postponed indefinitely pending Judge Leen’s decision whether evidence collected as a result of the search should be thrown out.

Defense attorneys Thomas Goldstein and David Chesnoff maintain that entering the villas was unconstitutional while prosecutors claim the investigators had permission from the hotel to do so.

- Ace King, Gambling911.com