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Copyright © 2016. All Rights Reserved. Poker History. Editor: Erik Smith.

THE DOJ REJECTS LEDERER'S IMPACT OF DICRISTINA

Preet Bahara, who is the United States District Attorney has been central to the case that has been going on against the Full Tilt owner Howard Lederer. He has written to Judge Leonard Sand in order to argue that the US v Dicristina does not at all justify a status conference on Lederer’s case.

Lederer’s lawyers have written to Judge Sand of the Southern District of New York in which they have asked for a status conference so that they can consider the impact of US v Dicristina on his own case. The Eastern District of New York case, US v Dicristina has established that poker is strictly a game of skill and there should not be subjected to the Illegal Gambling Business Act. The Co-defendants Rafael Furst and Christ Ferguson have agreed to be part of the request.

Preet Bahara has argued against holding the status conference because he does not agree that these charges are at all affected by Judge Jack Weinstein’s ruling. He has plans to file an amended complaint by the date of September 10.

The District Attorney has been arguing that “the Government respectfully disagrees with many of the conclusions reached” in the Dicristina order. He has suggested that the defendants can use the arguments that have led to this ruing in arguing their own dismissal motions whenever they submit them. He also points out that Judge Weinstein’s order is not binding on Judge Sands.

As part of the complaint the Government is going to include “additional statutory grounds for forfeiture and other relief.” Even if the Dicristina ruling is upheld, Bahara says that it will not have any impact on the claims that are against the defendants and the status of the conference will become “premature and unworkable.”

Lederer is in hopes that the status conference will dismiss some of the charges against him or delay them as a result of this ruling.

Source: Pokerfuse