Following recent US court approval of the agreement between the US Justice
Department and Antigua-based gaming firm Betonsports settling civil litigation
against the company, the Antiguan Financial Services Regulatory Commission has
filed an application for a restraining order against the company to prevent
it from disposing of its assets without permission.
The FSRC says it wants to ensure that such assets as Betonsports still has
are applied to reimbursing its customers rather than for any other purpose.
Its application was due to be heard yesterday.
The US court order banned Betonsports from operating in the US. "The defendant
has no legally recognizable right to operate in the United States," wrote the
judge. However, the agreement permits the company to refund stakes placed by
US players; originally the Justice Department had wanted to seize those funds.
Kaye McDonald, the Director of Gaming for the FSRC, observed, "While the
jurisdiction of the United States government over Betonsports is questionable,
by virtue of being the holder of an Interactive Gaming and Interactive Wagering
license issued by the Antiguan and Barbudan authorities, . . . the company .
. . has acquiesced to our international jurisdiction over the company and its
assets.'
Lebrecht Hesse, the Chairman of the FSRC, said: "We believe that the United
States should step aside and ensure that our regulators can enforce and oversee
the application of the laws of Antigua and Barbuda to the orderly dissolution
of BETonSPORTS. We are disappointed that the United States efforts to prohibit
cross-border competition in gambling and betting services have led to the disruption
of a once-healthy and robust service provider, but we are just as adamant that
our jurisdiction be respected in the interests of consumers and others."
Betonsports and 12 individuals still face criminal charges including racketeering,
mail fraud and facilitation of gambling across state and national boundaries.
Trading of Betonsports stock in London was suspended on July 18th at the company's
request. The company ran its US Internet business from Costa Rica and Antigua.
Founder Gary Kaplan and British CEO David Carruthers are among those indicted.
Carruthers, 48, was arrested in July as he changed planes in a Dallas airport.
At a hearing in August, Carruthers pleaded not guilty to the charges of fraud
and racketeering in St Louis. Under the terms of a bail agreement negotiated
between defense lawyers and prosecutors, Carruthers was bailed under a $1 million
bond and is under house arrest in the vicinity of St Louis. An arrest warrant
has been issued for Gary Kaplan. The indictments seek forfeiture of $4.5 billion
from Kaplan and the other defendants.
In Geneva last week a three-man dispute resolution panel established by the
World Trade Organisation heard submissions by Antigua and the US over Antigua's
claim that the US has failed to implement a previous WTO ruling that the US
should adjust its legislation to allow a level playing field for internet gaming
for foreign companies.
"This is just another step in our ongoing efforts to ensure that the United
States complies with its obligations under WTO agreements and implement the
rulings and recommendations of the DSB," said Antigua and Barbuda's Minister
of Finance and the Economy, Dr Errol Cort.
Dr Cort expressed shock and dismay at the passage by Congress of the Unlawful
Internet Gambling Enforcement Act of 2006 in September. While expanding domestic
opportunities for legal gaming, the legislation effectively bans all international
and inter-state online gaming, by making it illegal for banks and credit card
firms to make payments to such internet operations. The provisions were tacked
by Senate Majority Leader, Bill Frist (R-Tenn) onto an unrelated bill on port
security.
Antigua-based operators are thought to have accounted for 25% of the estimated
$12 billion wagered online by American punters every year prior to the legislation.
"This baldly protectionist legislation, tacked on to a major security
bill at the last possible minute, is as contrary to the decision of the WTO
in our case as can possibly be imagined," said lawyer Mark Mendel, who
leads Antigua's WTO legal team. "Expanding domestic remote gambling while
at the same time further impeding our operators the right to provide these services
- which the United States committed to do under the WTO agreements - is almost
impossible to comprehend."