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iMEGA to Take Its Case Before the 3rd Circuit Court of Appeals


by Hillary LaClair, Senior Editor
January 16, 2009

               Things are moving forward in the iMEGA v. Keisler, et al court proceedings, where the Interactive Media Entertainment and Gaming Association will attempt to disprove the constitutionality of the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA).  According to iMEGA’s website, the U.S. 3rd Circuit Court of Appeals has requested that the advocacy group provide dates of its availability, so that the court may hear oral arguments in defense of the online casino gambling industry.

                The Court given iMEGA lead counsel, Eric Berstein, a list of dates that are open for the case to be presented. The Federal Trade Commission (FTC) and the Federal Reserve will join iMEGA in the court room, to present further remonstrance against the UIGEA’s validity. Each group will attempt to convince the court that the Enforcement Act, in its preventing transactions between U.S. players and online casinos, has placed an unreasonable burden on financial institutions.

                Additionally, the advocacy group has argued that the UIGEA is too vague in its description of what is considered “unlawful internet gambling,” to be enforced – especially by U.S. banking institutions and credit card companies. Even the Department of Treasury admitted last year that it was unable to efficiently define unlawful internet gambling.

                “We’re very happy the Court is moving forward to schedule oral arguments,” said Joe Brannan Jr. of iMEGA. “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.”

                The case will be brought before Judge Mary Cooper, who had previously ruled that had grounds for legal action. The official court date has not yet been announced, nor is it certain if a date has been set.