NETELLER ON PROBATION
20 July 2007
Settlement with US authorities by e-wallet is
going to be expensive
Press releases from the embattled Isle of Man-based
e-wallet Neteller today (Wednesday) offer some hope that
US players may at last see some of their funds frozen
since January this year. In a settlement with Department
of Justice officials, the e-wallet acknowledges
wrongdoing in regard to online gambling financial
transactions in the USA, and agrees to provide
information to US authorities, and to a two year
"probationary" period in return for deferred prosecution
on federal offences. The company will have to part with
a hefty $136 million cash forfeiture to the United
States government.
With the American legal issue apparently under control,
the e-wallet can now move forward with plans to publish
its delayed annual accounts for 2006, hopefully leading
to a re-listing of its shares on the AIM.
Most important of all, however: the company says that US
players will soon be able to withdraw funds from frozen
Neteller accounts, although no comment is made on the
question of interest accrued.
The statement advises that Neteller is using its best
efforts to allow withdrawal requests as soon as
possible, and that US customers will be able to sign in
to their accounts to request the withdrawal of their
funds by no later than 30 July 2007. The exact date upon
which US customers will be able to make requests will be
communicated to US customers via email and through the
Neteller website.
Ron Martin, Neteller President & CEO, said "This
agreement resolves the USAO's investigation relating to
the Company's former US business activities. We believe
that this settlement is in the best interests of
Neteller and its shareholders.
"Our customers, employees and shareholders have all
patiently waited for this resolution. We anticipate
within the next few weeks that we will have fully
implemented the plan for the return of funds to our US
customers and are hopeful that, by that time, we will
have restored the company's shares to trading on AIM.
"We can now begin to refocus our efforts on building and
strengthening the Neteller business in the growing
markets of the European and Asia Pacific regions. I look
forward to sharing further information about the
Company's progress over the coming months."
In its public statement, Neteller reveals that it has
entered into a Deferred Prosecution Agreement ("DPA")
with the United States Attorney's Office for the
Southern District of New York ("USAO") which represents
the resolution of the USAO's investigation into the
company.
Neteller has therefore consented to the filing of a
criminal information relating to transactions between
Internet gambling merchants and persons located in the
United States.
The statement specifies that the USAO has agreed to
defer the prosecution of any federal charges and, as a
consequence, Neteller will not be convicted of any
federal crime, as long as it fulfils the set conditions
of the Deferred Prosecution Agreement during the two
year term that has been negotiated. At the conclusion of
the two year term, the criminal information will be
dismissed.
The United States District Court for the Southern
District of New York has approved the deferral of the
prosecution. As part of the DPA, Neteller has also
agreed to forfeit US$ 136 million to the United States.
This amount includes the approximately US$ 60 million
that the USAO has previously seized.
The company will now seek to publish its audited annual
accounts for 2006 and have its shares restored to
trading on AIM as soon as practicable thereafter..
Key terms of the Deferred Prosecution Agreement
The settlement takes the form of a two year Deferred
Prosecution Agreement with the USAO. In the DPA,
Neteller has consented to the filing with the United
States District Court for the Southern District of New
York of a criminal information charging the e-wallet
with participating in a conspiracy in violation of
certain US laws. If Neteller fulfils its obligations
under the DPA, the criminal information will be
dismissed, following the two year term.
Specifically, the DPA contains the following main
points:
Neteller, as detailed in the "Statement of Admitted
Facts" attached to the DPA, admits that it had operated
in the US an unlicensed money transmitting business and
had participated in the performance of financial
transactions for the purpose of promoting unlawful
transactions between internet gambling merchants and
persons located in the US.
Neteller agrees that it will pay an amount to the United
States totalling US$ 136 million which is disgorgement
of certain profits received from the activities
described in the Statement of Admitted Facts. This
amount includes the approximately US$ 60 million that
the USAO has previously seized. Neteller agrees that it
will satisfy the remaining portion of its forfeiture
obligation with a payment of US$ 40 million to be paid
on or before 15 October 2007, and the remaining balance
(approximately US$ 36 million) to be paid on or before
17 January 2008.
Neteller agrees to cooperate fully with US authorities
in all matters relating to the ongoing investigations by
the USAO.
Neteller agrees to fully implement procedures and
controls to prevent illegal transactions between
internet gambling merchants and persons located in the
US and to continue to retain Navigant Consulting Inc., a
forensic accounting firm, to monitor its compliance with
these procedures and controls.
Restoration of trading to AIM
Further to the Neteller announcement of 13 July, the
company informs that it continues to make progress
regarding the ongoing suspension of its shares from
trading on AIM. Discussions with its advisers and AIM
continue, and the understanding is that the admission of
the e-wallet's ordinary shares to trading on AIM has not
to date been cancelled.
The statement ends with the assurance to investors that:
"With today's announcement of a resolution of the USAO
investigation, the Company is now focused on finalising
and publishing its audited annual accounts for 2006. The
Company will endeavour to post the 2006 accounts to its
shareholders as soon as practicable following which the
Company anticipates that trading in the Company's
ordinary shares on AIM will be restored."
Simultaneously, the US authorities issued a statement
with the same information.
Online Casino News courtesy of
InfoPowa
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