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Brushing up on iMEGA

Discussion in 'Casino Industry Discussion' started by jetset, Jun 8, 2007.

    Jun 8, 2007
  1. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    iMEGA WELL RECEIVED AT ONLINE GAMBLING CONFERENCE

    "We want a quick hearing," says spokesman on legal action against US Attorney General

    The mysterious organisation that surfaced so dramatically this week by initiating legal action against the Unlawful Internet Gambling Enforcement Act, the Interactive Media Entertainment & Gaming Association (iMEGA) expanded on its aims and objectives at a Montreal online gambling conference.

    Addressing delegates at the Global Interactive Gaming Summit and Expo, spokesman Joe Brennan Jnr described iMEGA as a grass roots organisation that is seeking an injunction against the enforcement of the Unlawful Internet Gambling Enforcement Act of 2006.

    iMEGA entered industry affairs with something of a bang, filing litigation in a New Jersey District Court against the US Attorney General, the Federal Reserve and the Federal Trade Commission earlier this week. The filings asked for an injunction to stop US banks from having to enforce whatever policies have or may be created until the courts can fully hear all the arguments against the UIGEA.

    If the injunction is granted, it will derail the mid-July timing for the introduction of specific and as yet unrevealed UIGEA regulations formulated by the Treasury and the AG.

    Brennan revealed that iMEGA has plans beyond the online gambling industry, and he stressed that his organisation was not a front for any gambling group or groups. The organisation is concerned at the erosion of constitutional liberties and fears that over-zealous government intervention could extend to other areas of American society. He pointed to other major Internet entities such as Google and YouTube as potential targets should the UIGEA concept, regulations and powers become more widely used by the authorities.

    "This law will cause problems for the entire Internet," Brennan told delegates, explaining that his organisation was backed by a small group of wealthy individuals with strong moral convictions, who were concerned at the dangers that a ban on Internet financial flows such as that used in the UIGEA could imply.

    iMEGA is concerned that if the UIGEA is allowed to continue, with its potential for absolute enforcement, the United States will fall far behind other major nations as far as online development is concerned, Brennan emphasised. "We understand there are problems that must be recognised such as underage and problem gambling, but there are ways to get rid of this instead of relying on draconian laws that will only exacerbate problems, especially when it comes to fraud and addiction," he claimed.

    Brennan said he had gathered a number of like minded colleagues together after reading the text of the UIGEA and coming to the conclusion that the law was clearly unconstitutional.

    "I immediately realised the slippery slope this represented and the larger issue this could present over the long haul," he said.

    "iMEGA wants to focus broadly. We won't be a one issue association. It just happens that iGaming is the hot topic right now, and that iGaming has implications for Internet technologies going forward. If Jon Kyl [Senator and co-author of the UIGEA] is serious about protecting minors, he needs to rely on technology, not a blatant law that attacks the mechanisms behind problems they want to solve."

    Brennan explained the hitherto low profile of iMEGA as part of its strategy to enter its action into the US legal system without prematurely warning other interested parties like the US Department of Justice. "We wanted to keep everything quiet. If the US Justice Department had found out about this, it may have begun targeting those involved. It was a strategy to get into court without tipping off the DOJ," he said.

    "We are a 501 (c) 6 trade organization. This gives the association an opportunity to have standing to lobby on behalf of our members and to maintain their privacy."

    The iMEGA initiative was apparently positively received by GIGSE delegates.

    iMEGA's president, Edward Layden will be appearing at the House Financial Services Committee hearing in Washington this week on Congressman Frank's proposal to regulate and license online gambling in the USA. Although he will not be personally testifying, he will be submitting expert written testimony within the next two weeks, which will be entered into the Congressional Register.

    According to the PACER system, the case number for the iMEGA action is 3:2007cv02625 filed on June 5, 2007 in the Trenton office of the New Jersey District Court before Judge Mary J Cooper and referred by Magistrate Judge Tonianne J. Bongiovanni. The Nature of Suit is described as: Civil Rights - Other Civil Rights. Cause: 28:1331 Federal Question: Other Civil Rights.
     
    10 people like this.
  2. Jun 17, 2007
  3. lots0

    lots0 Banned User - troll posts - flaming PABnonaccred

    Occupation:
    I do nothing productive
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    Hell on Earth
    Any news on this?

    Like a court date.
     
  4. Jun 17, 2007
  5. Mousey

    Mousey Ueber Meister Mouse CAG

    Occupation:
    Pencil Pusher
    Location:
    Up$hitCreek
    I haven't seen anything more about this either.

    They have been working on their website a little bit at least. You can sign up for their newsletter You must register/login in order to see the link..
     
    3 people like this.
  6. Jun 26, 2007
  7. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    Update

    UK'S REMOTE GAMING ASSOCIATION BACKS FREEDOM OF INDIVIDUALS TO GAMBLE ONLINE

    Trade association throws its weight behind Safe and Secure Internet Gambling Initiative

    The Remote Gambling Association (RGA), which represents some of the largest global remote gambling companies, has endorsed the Safe and Secure Internet Gambling Initiative for its efforts to promote the freedom of individuals to gamble online with the proper safeguards.

    "RGA endorses the Safe and Secure Internet Gambling Initiative in its mission to support regulated Internet gambling and protect consumers betting online," said Clive Hawkswood, Chief Executive.

    "Internet gambling is capable of control in order to prevent it from being used as a source of crime. Only through a regulatory framework as championed by the Initiative, will the proper protection be in place to guard against money laundering, fraud and identity theft, he added."

    The RGA provides the online gambling industry with a single voice on issues of importance to regulators, legislators, and key decision makers.

    "RGA's endorsement is a significant indication of the importance of mobilising support for regulated Internet gambling, and we are delighted they are joining our effort," said Jeffrey Sandman, spokesman for the Safe and Secure Internet Gambling Initiative. "We encourage supporters to visit You must register/login in order to see the link. to urge Members of [the US] Congress to co-sponsor legislation to regulate Internet gambling, thereby protecting consumers and capturing billions in [tax] revenue that is needed for critical government programs."

    Hawkswood pointed out that the RGA recently offered further evidence to Members of Congress in testimony to the House Committee on Financial Services that a regulatory framework for Internet gambling would protect consumers and provide integrity to Internet gambling financial transactions. Existing systems and technology have proven successful in combating underage and compulsive gambling and protecting Internet gambling transactions according to the RGA.

    Other endorsers of the Initiative include the UC Group and Baker Tilly.
     
  8. Jun 27, 2007
  9. lots0

    lots0 Banned User - troll posts - flaming PABnonaccred

    Occupation:
    I do nothing productive
    Location:
    Hell on Earth
    Still no word on a court date?

    The deadline is fast approaching, in just a few days the UIGEA will go into full effect, July 1, 2007.

    It would seem to me that iMEGA would want the first hearing to happen before the law takes effect.
     
  10. Jun 27, 2007
  11. sdaddy

    sdaddy Meister Member

    Occupation:
    Retired
    Location:
    Arizona
    This was reported today:
     
    1 person likes this.
  12. Jul 11, 2007
  13. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    Update

    iMEGA NUDGES U.S. ATTORNEY GENERAL

    Still awaiting official US response to suit filed a month ago

    The Interactive Media Entertainment & Gaming Association (iMEGA) lawyers are apparently not about to let their litigation against the US Attorney General be stonewalled. Despite the passage of only a month since the suit was filed, lawyers for the pressure group have this week pressed the courts to expedite a response still awaited from the US Department of Justice.

    iMEGA's original suit filed in a New Jersey court (see previous InfoPowa reports) by spokesman Joe Brennan and lawyers attacked the Unlawful Internet Gambling Enforcement Act, which it claims infringes upon basic constitutional rights and sets a dangerous precedent for I-commerce by criminalising the transmission of money where the end activity is illegal in an unspecified location.

    If the court rules favourably on the litigation, iMEGA expects it to impact the enforcement of the UIGEA, which seeks to disrupt financial transactions with online gambling sites.

    Coincidentally, the 270 days that Congress allowed for the promulgation of specific UIGEA regulations expires this week, with no regulations in sight yet. The US Treasury and the US Attorney General were tasked with designing the regulatory support for the UIGEA when it was rammed through Congress late last year.

    iMEGA President Edward Leyden commented: "Two major benefits come immediately from U.S. recognition and regulation of Internet gaming; transparency and tax revenues.

    As with the U.S. financial markets, transparency assures that broad access to relevant data and the balancing forces of a free market all operate to maintain fairness and prevent corruption. Similarly, in this age of a yawning federal "tax gap," U.S. taxation of Internet gaming transactions and companies could generate more than $20 billion during the next several years - all while saving federal law enforcement dollars for the fight against terrorism and other dire issues.
     
    1 person likes this.
  14. Jul 11, 2007
  15. Mousey

    Mousey Ueber Meister Mouse CAG

    Occupation:
    Pencil Pusher
    Location:
    Up$hitCreek
    Ah! I had wondered if this was going to just disappear into the justice system ether...

    :thumbsup:
     
  16. Jul 12, 2007
  17. sdaddy

    sdaddy Meister Member

    Occupation:
    Retired
    Location:
    Arizona
    The court date is now set for Sept. 4th
     
    1 person likes this.
  18. Jul 12, 2007
  19. Mousey

    Mousey Ueber Meister Mouse CAG

    Occupation:
    Pencil Pusher
    Location:
    Up$hitCreek
    I signed up for their newsletter on their website (IMEGA), it would be nice if they actually would send one out. LOL
     
  20. Jul 12, 2007
  21. GGW Laurie

    GGW Laurie Webmeister webmeister

    Occupation:
    Self Employed
    Location:
    In the Beautiful South !!
    diddo mousey, still waiting. lol:confused:
     
  22. Aug 14, 2007
  23. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    Update

    U.S. JUSTICE DEPARTMENT REQUESTS MORE TIME IN IMEGA CASE

    Delay expected to September 4 hearing date for iMEGA

    Jacqueline Coleman Snead, a U.S. Justice Department legal eagle from Washington DC will be defending the government in the iMEGA case....but not for another two weeks. Originally set down for hearing in New Jersey by a federal judge for September 4, the government has requested a two weeks stay, presumably to prepare its case.

    Scheduled for hearing in the US Circuit Court (3rd District - New Jersey) the case was brought by the Interactive Media Entertainment & Gaming Association (iMEGA) which attacks the Unlawful Internet Gambling Enforcement Act, which it claims infringes upon basic constitutional rights and sets a dangerous precedent for I-commerce by criminalising the transmission of money where the end activity is illegal in an unspecified location.

    If the court rules favourably on the litigation, iMEGA expects it to impact the enforcement of the UIGEA, which seeks to disrupt financial transactions with online gambling sites, and for which regulations still remain unpublished despite the passage of more than 270 days since the law's promulgation.

    iMEGA spokesmen and lawyers have consistently claimed that the organisation's interest in challenging the UIGEA stems from concerns about the impact on present and future Constitutional freedoms, and not online gambling-specific issues.

    iMEGA's original suit filed in a New Jersey court (see previous InfoPowa reports) by spokesman Joe Brennan and lawyers attacked the Unlawful Internet Gambling Enforcement Act, which it claims infringes upon basic constitutional rights and sets a dangerous precedent.

    Supporting regulation rather than prohibitionary moves like UIGEA, iMEGA President Edward Leyden commented: "Two major benefits come immediately from U.S. recognition and regulation of Internet gaming; transparency and tax revenues.

    As with the U.S. financial markets, transparency assures that broad access to relevant data and the balancing forces of a free market all operate to maintain fairness and prevent corruption. Similarly, in this age of a yawning federal "tax gap," U.S. taxation of Internet gaming transactions and companies could generate more than $20 billion during the next several years - all while saving federal law enforcement dollars for the fight against terrorism and other dire issues.
     
    2 people like this.
  24. Aug 14, 2007
  25. EasyRhino

    EasyRhino Dormant account

    Occupation:
    Analyst
    Location:
    San Diego
    Darn, I'd really like this to hit the courts as soon as possible. Mainly because UIGEA desperately needs to get wrung out in court, but also for the amusement value of hearing the arguments made on each side.
     
    1 person likes this.
  26. Aug 31, 2007
  27. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    Update

    iMEGA'S DAY IN COURT NOW SEPTEMBER 26

    Parties agree to new date

    Interactive Media Entertainment & Gaming Association (iMEGA)'s case against the US Attorney General, the Federal Trade Commission and the Federal Reserve Board of Governors has been re-scheduled for September 26 before the Hon. Judge Mary L. Cooper in the US District Court of New Jersey (Trenton Division) by mutual consent of the opposing parties.

    The pressure group launched the temporary restraining order action against US government moves to curtail online gambling through the Unlawful Internet Gambling Enforcement Act, which prohibits financial transactions with Internet gambling companies.

    iMEGA spokesmen and lawyers have consistently claimed that the organisation's interest in challenging the UIGEA stems from concerns about the impact on present and future Constitutional freedoms, and not online gambling-specific issues. iMEGA contends that the law creates bad precedent and has the potential to negatively affect both innovation and the growth in the USA of e-commerce.

    Judge Cooper will hear oral arguments on the iMEGA petition, together with a government response requesting that the iMEGA motion be dismissed, and iMEGA's argument against such a dismissal.

    If the court rules favourably on the litigation, iMEGA expects it to seriously restrict the enforcement of the UIGEA, for which regulations still remain unpublished despite the passage of well over the 270 days government was given by Congress since the law's promulgation.
     
    3 people like this.
  28. Sep 1, 2007
  29. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    Update

    U.S. APPLIES FOR iMEGA CASE TO BE DISMISSED

    "Lack of jurisdiction" and "failure to state a claim upon which relief can be granted" cited as grounds for dismissal

    The upcoming legal tussle between the Interactive Media Entertainment & Gaming Association [iMEGA] and US Justice authorities appears to be gaining momentum with details of a US application to have the case dismissed out of hand, promising lively legal argument.

    Although the parties have mutually agreed to a hearing on September 26th in a New Jersey federal court (see previous InfoPowa reports) it has now become apparent that the U.S. government has filed a cross-motion for dismissal, claiming that iMEGA lacks standing and its case lacks substance. This could he heard as early as September 4.

    iMEGA has asked for a temporary restraining order against the implementation of the Unlawful Internet Gambling Enforcement Act, which seeks to disrupt financial transactions with online gambling companies, but which remains unsupported by regulations despite the passage of more than 270 days from its promulgation.

    iMEGA's suit lists several justifications for its application, including the inappropriate restriction of a form of 'consensual private conduct;' an overbroad criminalisation of financial transactions relating to online gambling and an inconsistent and therefore unconstitutional regulation of states' rights matters.

    The body claims the right to litigate because it was formed to represent the interests of members, which are businesses or individuals involved in Internet interactive media, entertainment and gaming, including Internet gambling.

    On August 21, the US government representative gave notice that government will move for the case to be dismissed at a seperate September 4 hearing, claiming lack of jurisdiction and that iMEGA has failed to state a claim upon which relief can be granted.

    The US filing includes the wording: "Plaintiff purports to sue on behalf of its members who fear prosecution under the UIGEA. None of Plaintiff's members, however, has been prosecuted or threatened with prosecution. Thus, their fears are insufficient to confer standing on them or on an association purporting to represent them."

    The government is also using its tardiness in presenting UIGEA's supporting regulations to its advantage. The Department of Justice and the Federal Reserve were charged with framing and presenting supporting regulations for UIGEA within 270 days of its promulgation, and this deadline has not been met.

    This being the case, claims the government, the iMEGA case cannot be judged on events that have yet to occur: in other words, because the financial regulations have yet to be presented, the UIGEA itself cannot be blocked by a temporary restraining order!

    According to iMEGA President Edward Leyden, the organisation's own case is being improved in the meantime. "As with any lawsuit," commented Leyden, "ours is an evolving being that may well be amended to take into account unfolding events and legal arguments, including naming additional defendants as necessary and appropriate."
     
    1 person likes this.
  30. Sep 1, 2007
  31. Mousey

    Mousey Ueber Meister Mouse CAG

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    Pencil Pusher
    Location:
    Up$hitCreek
    Isn't that a hoot?!?! Considering the US has been determined to ruin several legitimate foreign casinos and NETeller ...

    As always, thanks for the updates, Jetset!! :thumbsup:
     
  32. Sep 2, 2007
  33. lojo

    lojo Banned User - repetitive violations of <a href="ht

    Occupation:
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    What DOJ? The AT is gonzo, the deputy position and associate position have been empty for some time.

    Off the top of my head no one has been prosecuted under UIGEA, just the wire act. But they have sure fexed our passtime and some people's business with their well-timed arrests and warrants.

    And not many prosecutions under UIGEA will hold up through appeals, as the act only applies to UNLAWFUL internet gambling i.e. things covered under the wire act and possibly the 11 states with laws against online gambling.

    I'm confident the cross-motion for dismissal will be denied anyway. (too lazy to look for supporting case law) but in layman's thinking you have the ability for a conviction of aggravated assualt (enforcement of UIGEA) if there is a threat and the ability to carry it out. And 'constructive possession', where if you could be in possession of an instrument, you are... and... the loaded gun, and screaming 'FIRE" in a theater, on and on.

    Anybody seen whose docket this cross-motion will fall on? It would help to divine it, but it's only a couple of days anyway I guess.
     
  34. Sep 2, 2007
  35. jetset

    jetset Ueber Meister CAG

    Occupation:
    Senior Partner, InfoPowa News Service
    Location:
    Earth
    The part of the US argument for dismissal that I found most amusing (in a contemptuous sort of way) was this:

    "The government is also using its tardiness in presenting UIGEA's supporting regulations to its advantage. The Department of Justice and the Federal Reserve were charged with framing and presenting supporting regulations for UIGEA within 270 days of its promulgation, and this deadline has not been met.

    "This being the case, claims the government, the iMEGA case cannot be judged on events that have yet to occur: in other words, because the financial regulations have yet to be presented, the UIGEA itself cannot be blocked by a temporary restraining order!"


    So....the attitude of government is that you can't sue us on this law because we haven't yet managed to get our stuff together long enough to design the supporting regulations LOL!
     
    1 person likes this.
  36. Sep 2, 2007
  37. Mousey

    Mousey Ueber Meister Mouse CAG

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    I sometimes feel as if I live in the world of Catch-22... or Animal Farm... So... Even though the US gov't. likes to pretend that it's illegal for banks to process funds to and from a casino ('illegal' gambling though no one has challenged this in a court of law), it doesn't apply when they don't want it to. And have banks not received any warnings, guidelines, etc.? So why can't I deposit/withdraw via ACH. And why are payment processors and casinos and poker rooms given the old 'intimidate, coerce, then extort' treatment if the UIGEA isn't enforceable.

    Hell... now I've confused myself...:D
     
    1 person likes this.
  38. Sep 4, 2007
  39. JPFisher55

    JPFisher55 Dormant account

    Occupation:
    attorney
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    The biggest problem with the iMEGA lawsuit is lack of standing. Yes, the regulations might solve this problem. Yes, the DOJ does state that all online gambling is illegal despite case law to the contrary. But the DOJ has never prosecuted any online gambling firms except those involved in the online sports betting industry.
    I hope that iMEGA has a member in that industry and such member should have been named as an additional plaintiff. I think that the iMEGA arguments about the UIGEA violating the first and tenth amendments and the WTO have substantial merit. However, I fear that they may not be heard by the court.
     
    1 person likes this.

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