Motion for Return of Property Filed in Online Poker Seizure Case

Written by :

C Costigan

Published on :

10 July, 2009

A payment processor whose funds had been seized as part of a US Attorney Southern District of New York action has now filed a Motion for Return of Property, Gambling911.com can report exclusively.

Account Services Corporation, through counsel, respectfully moves this

Court to order the return of funds seized from Wells Fargo Bank ("Wells Fargo"), account number 7986104185, and from Union Bank, N.A. ("Union Bank"), in accounts numbered 353000248 and 353000256, pursuant to FED. R. CRIM. P. 41(g).

Alternatively, counsel requests that this Court conduct an Evidentiary Hearing on the issues raised by this Motion.

As part of the background, Account Services Corp states the following:

Internet poker is a popular and widespread leisure activity in the United

States. At least 10,000,000 Americans play internet poker, and some estimates set that figure substantially higher. Operators of online poker websites (collectively, "operators") offer internet poker players the option of either playing with "play money" (online credits) or "real money" (legal currency). If a player chooses to engage in wagering with real money, the player must deposit his or her funds into an account with an operator or an operator-designated third-party processor. At all times, the money on deposit is owned and controlled by the player. The funds are

merely held in trust for the benefit of the player and released upon the player's request. See, e.g., PokerStars End User License Agreement.

The complaint also states the following:

Here, continued retention of the funds from ASC's Wells Fargo and Union

Bank accounts would be patently unreasonable and this Court must therefore order that the funds be returned. As discussed above, the seizure violated ASC's Fourth and Fifth Amendment rights: in the case of the Union Bank accounts, the funds were simply seized without a warrant or notice.

The filing was delayed a day.

Copies of the Filing have been obtained by Gambling911.com. You can read by clicking on the links below:

Read Part 1 of the Motion Here

Read Part 2 of the Motion Here

Follow News on Gambling911.com's Motion to Intervene and Unseal Court Documents

Christopher Costigan, Gambling911.com Publisher

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