Early shutdown for Betcha.com

jetset

RIP Brian
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BETCHA.COM CALLED BY WASHINGTON AUTHORITIES

Founder disputes claims online betting site violates state gambling ban as Washington state becomes embroiled in another legal issue.

Readers may remember recent news stories emanating from the Betcha.com website, claiming that the nature of its activities and business was legal.

This week the founder's claims were put to the acid test when Washington State Gambling Commission investigators seized computers from the new Seattle-based Internet site Monday, claiming the business violated the state's 2006 online gambling ban.

The Seattle PI newspaper reports that agents armed with a search warrant confiscated laptops and computer monitors before Betcha.com's seven employees arrived for work at the company's North Seattle office.

The newspaper reports that founder and Chief Executive Nick Jenkins (38) found out about the raid from his wife, who had stopped by the North 56th Avenue workplace before business hours and found investigators inside.

"This is ridiculous," Jenkins told reporters. "I'm going to fight it. I don't like the heavy-handed state coming down on entrepreneurs."

Jenkins is seeking a restraining order against the state, with a hearing in Thurston County scheduled for today (Tuesday). Susan Arland, the commission's spokeswoman, confirmed that the company's computers were seized but declined further comment.

The dust-up comes three days after Renton attorney Lee Rousso filed a lawsuit claiming the state's effort to suppress online gambling such as poker was an illegal breach of the Constitution's interstate trade protections (see previous InfoPowa report). The disputes are among several in the nation as state and federal regulators struggle to limit or ban popular, elusive Internet-based gambling sites.

Jenkins' fight with the state takes a different approach. He is not challenging the legality of the state ban; instead Jenkins says Betcha.com simply isn't governed under the ban approved by the Legislature last summer.

Modeled, in part, after eBay, Betcha.com provides a forum for people who want to make bets against each other on almost any topic, such as who will hit the first All-Star game home run or who will win an Oscar.

Bets are not guaranteed. Similar to the popular online auction site, individual bettors receive customer ratings based on payouts. Because there is no guarantee of payment upon winning -- Betcha.com does not accept or back bets -- it doesn't meet the legal definition of gambling and thus isn't illegal, Jenkins, who is a 1994 Georgetown Law School graduate, said.

"This is an honor-based betting platform," he said. "How can you be gambling under a legal definition if you don't have to pay when you lose?"

With both his own and investor capital, Jenkins executed a soft launch of the site three weeks ago, "to work on the bugs." Soon after, he was contacted by the state gambling authorities. Two weeks ago, he explained his legal rationale to commission attorneys.

On Friday, the Gambling Commission summoned Jenkins to Lacey to talk about his Web site. The meeting was quick.

"They said shut it down or else," Jenkins said. "I told them the law doesn't apply to us. They said the law is a matter of interpretation."

The same day, Jenkins filed his lawsuit seeking to stop the state from applying the Internet gambling law to Betcha.com

The search warrant came three days after Jenkins and the state failed to reach agreement on the site's legal status.

He said the commission has lost perspective on which laws it should enforce and upon whom.

"When you are a hammer, I guess everything looks like a nail," he said.
 
"This is an honor-based betting platform," he said. "How can you be gambling under a legal definition if you don't have to pay when you lose?"
By the same definition, it is not gambling either if you play at dodgy casinos that don't like to play winners.
 
And it just gets worse... Louisiana has stuck its nose into this... (why?? Oh... I guess they want to see if they can extort some money out of these guys, too.)

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Amanda McElfresh
amcelfresh@theadvertiser.com

Louisiana State Police troopers have arrested three Seattle men for allegedly operating an illegal gambling Web site.
The Web site, betcha.com, was allegedly owned and operated by Nicholas Jenkins, 38, state police said in a news release. The site allowed people to place bets electronically, which is illegal in Louisiana. The Web site also charged fees for people to place bets, depending on how much money was being wagered.

Bets were being accepted from people in Louisiana as well as other states, police said.

Jenkins was arrested after troopers conducted a month-long investigation with the assistance of the Washington State Gambling Commission. Also arrested were Peter Abrahamsen, 25, the sites system administrator and Josie Imlay, 24, the sites head technician.

All three are being held in Seattle while they await an extradition hearing to be brought back to Louisiana, where ...
 
This is an interesting development, alright - inter-state collaboration (presumably) because Washington authorities had already closed down Jenkins (a lawyer who is contesting the legality of the Washington actions against his site)

Without more detail it's difficult to assess on what grounds the Louisiana authorities justify their action in calling for the arrests - even assuming that the claims that Betcha is an illegal gambling site are upheld, do the Lousiana cops have evidence that Betcha was operating in their state?

With the Sportingbet case it was a sting operation where Louisiana officials actually used the facilities to prove their case - perhaps this is a similar entrapment.

If the extradition to Louisiana is granted, this sets a troubling precedent.
 
Another worrying possibility is that the Washington State Gambling Commission may have handed details of Louisiana players over to their counterparts in that state.

Last month (see Casinonmeister news archives) Betcha.com was raided by the WSGC and computer and other equipment confiscated.

I've asked for more detail on this story for clarification, but the above scenario may be to some extent confirmed by a comment at the end of the Louisiana press release which says rather ominously "further arrests are expected."
 
Here's the official Louisiana State Police release:

HEADQUARTERS- NEWS RELEASE

For Immediate Release


State Police Arrest Owner of Illegal Gambling Website


August 17, 2007

On August 15, 2007, Troopers with the Louisiana State Police Gaming Enforcement Division, with the assistance of authorities in the state of Washington, arrested three individuals in connection with the operation of an illegal gambling internet website.

The website www.Betcha.com, owned and operated by Nicholas G. Jenkins (W/M, 38 years old) of Seattle, WA, allowed gambling participants log onto the website and place bets electronically; an activity which is illegal in Louisiana. Jenkin's web company facilitated the betting process and controlled the intake and distribution of bet money between participants. In addition, the website charged fees for the placing of bets based on how much money was being wagered. Wagers were being accepted from participants in Louisiana as well as other parts of the country.

Jenkins was arrested after Troopers conducted a month-long investigation into the operations of the website with the assistance of the Washington State Gambling Commission. The Washington State Gambling Commission has also been investigating Jenkins for violating gambling laws in that state. The state commission had previously ordered Jenkins to cease his activities but Jenkins refused to comply with the order.

Also arrested were Peter M. Abrahamsen (W/M, 25 years old), the system administrator for Betcha.com and Josie M. Imlay (W/M, 24 years old), head technician for the website. Both men are also from Seattle, WA. All three suspects are currently being held in Seattle, WA and are awaiting an extradition hearing before they can be brought back to Louisiana to stand trial for violating Louisiana Revised Statute 14:90.3 Gambling by Computer. If convicted, the men could face up to five years in prison and fines of up to $20,000. Under Louisiana State Law, it is illegal for anyone to operate, maintain, or administer an internet website for the purpose of conducting or facilitating gambling activities.

State Police Gaming detectives expect more arrests in this case as they continue their investigation.



For more information contact:

Sgt. Markus L. Smith
Public Affairs Unit
Louisiana State Police – Headquarters
Office: (225)925-6202
markus.smith@dps.la.gov
www.LSP.org

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Here's the official Louisiana State Police release:

HEADQUARTERS- NEWS RELEASE

For Immediate Release


State Police Arrest Owner of Illegal Gambling Website


August 17, 2007

On August 15, 2007, Troopers with the Louisiana State Police Gaming Enforcement Division, with the assistance of authorities in the state of Washington, arrested three individuals in connection with the operation of an illegal gambling internet website.

The website www.Betcha.com, owned and operated by Nicholas G. Jenkins (W/M, 38 years old) of Seattle, WA, allowed gambling participants log onto the website and place bets electronically; an activity which is illegal in Louisiana. Jenkin's web company facilitated the betting process and controlled the intake and distribution of bet money between participants. In addition, the website charged fees for the placing of bets based on how much money was being wagered. Wagers were being accepted from participants in Louisiana as well as other parts of the country.

Jenkins was arrested after Troopers conducted a month-long investigation into the operations of the website with the assistance of the Washington State Gambling Commission. The Washington State Gambling Commission has also been investigating Jenkins for violating gambling laws in that state. The state commission had previously ordered Jenkins to cease his activities but Jenkins refused to comply with the order.

Also arrested were Peter M. Abrahamsen (W/M, 25 years old), the system administrator for Betcha.com and Josie M. Imlay (W/M, 24 years old), head technician for the website. Both men are also from Seattle, WA. All three suspects are currently being held in Seattle, WA and are awaiting an extradition hearing before they can be brought back to Louisiana to stand trial for violating Louisiana Revised Statute 14:90.3 Gambling by Computer. If convicted, the men could face up to five years in prison and fines of up to $20,000. Under Louisiana State Law, it is illegal for anyone to operate, maintain, or administer an internet website for the purpose of conducting or facilitating gambling activities.

State Police Gaming detectives expect more arrests in this case as they continue their investigation.



For more information contact:

Sgt. Markus L. Smith
Public Affairs Unit
Louisiana State Police – Headquarters
Office: (225)925-6202
markus.smith@dps.la.gov
www.LSP.org

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Not exactly an US affiliate that I said would be the next token example but these 3 are close. I am having a hell of a month predicting news. US affiliates it is coming for one of you. Hope I am wrong and they get Calvin and the Micro. boys first and maybe the witchhunt will cease but until then it is still open season. Caveat Emptor!
 
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Update

Latest on the Betcha issue is that owner Nick Jenkins and his two employees have been released on bail. Posting on his blog, Jenkins says the issue is over $35 worth of bets between Louisiana independent and adult bettors which took place on his P2P website and yielded him a mere 70 cents in revenue.

In a radio talk show interview after his release, Jenkins said he would be the subject of an extradition hearing Monday (today) to decide whether his case should be transferred to Louisiana.

Jenkins said that he believes his arrest in Seattle (see previous InfoPowa report) was orchestrated by the Washington State Gambling Commission in collaboration with the Louisiana authorities to ensure a prosecution and perhaps as retaliation for his legal action against the WSGC.
 
Latest on the Betcha issue is that owner Nick Jenkins and his two employees have been released on bail. Posting on his blog, Jenkins says the issue is over $35 worth of bets between Louisiana independent and adult bettors which took place on his P2P website and yielded him a mere 70 cents in revenue.

In a radio talk show interview after his release, Jenkins said he would be the subject of an extradition hearing Monday (today) to decide whether his case should be transferred to Louisiana.

Jenkins said that he believes his arrest in Seattle (see previous InfoPowa report) was orchestrated by the Washington State Gambling Commission in collaboration with the Louisiana authorities to ensure a prosecution and perhaps as retaliation for his legal action against the WSGC.
This is absurd and a true undeserving victim of the witchunt. Reminds me of a quote from a book "It is not paranoi if they are after you". The underserving(excluding the deserving like Calvin-research his background completely) should be paranoid. Iirc, Mousey has posted some to this effect also.
 
Dear Friends,

Living in Washington State, I have been in contact with Nick Jenkins for over a month now. I see many of you are interested in what's going on up here, and we have reported a great deal on
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, but here is an "hot off the press" update, as I just hung-up the phone with him.

Nick and the other Betcha.com employees have an "extradition" hearing scheduled for today at 2:30pm Pacific US time in King County, Washington. Nick and his attorney do not believe this is so much a hearing about sending him to Louisiana as it is to determine whether of not Washington State will tack on additional charges (remember he has not been charged here yet).

The circumstances surrounding Louisiana's involvement are quite suspect. When Nick and his attorney were last at the offices of the Washington State Gambling Commission, they were told that TWO other states were interested in his case. Immediately after they left that meeting, "someone" from Louisiana went on to Betcha.com and made the wager. That sounds a lot like what the DoJ did in Florida to "sting" NETeller.

Nick knows that if he goes to Louisiana he's a dead duck. This case has been "fast tracked" and is sitting on the Desk of the Governor as we speak... and Louisiana is not a state where you want to go on trial for online gambling... probably because of how Hurricane Katrina devastated the gambling economy (RE: Peter Dicks of Sportingbet and his $400,000 "get out of jail free" card).

In fact, when officials from Louisiana showed up at Nick's place with Washington State Troopers to arrest him, neither he nor his attorney was allowed to see the arrest warrant UNTIL they were in court standing before a judge... this is what Nick --- and our industry, for that matter --- is up against.

We have states operating in collusion to deny due process to Americans. Nick is not Taliban or Al Quida, remember. They are making this as murky, confusing, and quick as possible... and I suspect it's so that the American public doesn't learn about too much until it's over. Public officials know that the climate is changing in this country, and so they need to get as many convictions as they can, as quickly as they can.

Nick also wanted me to tell you all that more information can be found on his blogs located here:


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He told me that he would shoot me an email or give me a call tonight if all went well. He said that if I do not hear from him by tonight, I must assume he's in shackles, sitting in a cell somewhere en route to the Bayou state.
 
If I was an American I would be alarmed at the manner in which Nick Jenkins is being treated.

Since the weekend we've been widely recommending his well written blog because it reveals what appear to be some pretty scarey things going on in the Washington and Louisiana legal systems.

I would make the same recommendation to read to everyone here.

Here's how Jenkins reviews the current situation:

"Betcha.com was up for approximately a month. During that time, not a single resident of Louisiana took a bet on The Site until approximately one hour after we served the WSGC with notice that we were suing them based on their wrongful application of Washington law. That service happened at a meeting in which they told us that they were in contact with two other states about Betcha. (I wonder if Louisiana was one of them?)

"Our gross revenue off said bettor was $.70 (yep, seventy cents)
Neither of the two other guys sought on felony fugitive charges in Louisiana has ever set foot there. I haven't been there since I went to Jazz Fest while I was in law school -- in 1994.

"For operating The Site for approximately one month, we now face felony fugitve charges for a crime punishable by up to five years in prison and up to a $20,000 fine. For $.70."


We're following this case closely and will be watching for the results of the extradition hearing.

Edited to add that US civil liberty organisations should be scrutinising the activities of Washington State and Louisiana authorities carefully.
 
Update - this has now reached persecution rather than prosecution levels...

Latest items on the Betcha.com blog show to my mind that official activities have now crossed the line from prosecution to persecution.

QUOTE:

Washington Justice: Write a Blog, Go To Jail

By Nicholas Jenkins

Posted on August 20, 2007 @ 23:53:00 ET

In case you thought our trials and tribulations couldn't get any harder to believe, they just did.

As I wrote in this space last week, two colleagues and I spent last Wednesday night in King County Jail. We were released on our own recognizance on Thursday night, at which point I returned home and wrote a blog entry on the experience.

Freedom of speech yes, smart no.

When we appeared at a hearing on Monday in King County District Court, the prosecution argued that I should be returned to jail and bail be increased from $5,000 to $50,000. (Lost in the shuffle was that bail wasn't set at $5,000 -- we were released on our own recognizance.) My offense this time: in the aforementioned blog entry, I evidenced an intent to flee. The offending passage:

Next step is an extradition hearing on Monday. If we win, I guess we don't go to Louisiana on Tuesday. The warrant will remain in tact, however, so travelling for the three of us will be difficult to impossible. If I ever get picked up for speeding in Oregon, for example, I'll go through the same thing all over again. If we lose, it's back to the red canvas clothes and tighty whities, hello Bayou State.

(Emphasis added.) That part in italics, said the prosecutor, demonstrated an intent to flee from Washington. This, despite the fact that I: live here with my wife and three-month old daughter; grew up here; went to school here; and own a home here. The judge, a different one than the one who set us free on our own recognizance, bought it. So I was cuffed and booked in King County Jail. Again.

How one reads the passage in question as demonstrating an intent to flee is beyond me. For starters, the part where I talk about driving in Oregon clearly presupposes that we would have already won our extradition hearing. That's why I wrote "If we win." It also speaks to an indefinite period of time. That's why I wrote "ever." Finally: how stupid would I have to be? It's one thing to be so stupid as to flee a criminal proceeding. But being so stupid as to blog about it beforehand -- well, that would take stupidity to a whole new level. (If you're thinking I'm pretty stupid right about now, I'm about ready to join your bandwagon. I was naive enough to think that, in America, everyone gets his fair day in court. Not anymore.)

As for our history -- we were all released on our own recognizance last week. We appeared at our hearing today in suits and ties -- one hour early.

As for next steps, we have an extradition hearing scheduled for September 5 in King County. (I believe this one is the real deal.) Our hearing date on the merits of the Betcha platform isn't scheduled until September 21 in Thurston County. Not good timing.

PLEASE NOTE: Nothing in the above blog entry should be read as a demonstration of my or my colleagues' intent to flee the state of Washington.

and

It's Official: Washington Is Serving It's Own Citizens Up on a Plate By

Nicholas Jenkins

Posted on August 21, 2007 @ 01:33:00 ET

I've long suspected that this whole fiasco with Louisiana was being orchestrated by the Washington State Gambling Commission. Turns out I was right. The State of Louisiana issued a press release on Friday confirming my suspicion:

Louisiana State Police News Release
Date Posted: 08/17/2007

Statewide
Owner of Internet Gambling Website Arrested

For Immediate Release

State Police Arrest Owner of Illegal Gambling Website

August 17, 2007

On August 15, 2007, Troopers with the Louisiana State Police Gaming Enforcement Division, with the assistance of authorities in the state of Washington, arrested three individuals in connection with the operation of an illegal gambling internet website.

The website Special Notice - Betcha.com, owned and operated by Nicholas G. Jenkins (W/M, 38 years old) of Seattle, WA, allowed gambling participants log onto the website and place bets electronically; an activity which is illegal in Louisiana. Jenkin's web company facilitated the betting process and controlled the intake and distribution of bet money between participants. In addition, the website charged fees for the placing of bets based on how much money was being wagered. Wagers were being accepted from participants in Louisiana as well as other parts of the country.

Jenkins was arrested after Troopers conducted a month-long investigation into the operations of the website with the assistance of the Washington State Gambling Commission. The Washington State Gambling Commission has also been investigating Jenkins for violating gambling laws in that state. The state commission had previously ordered Jenkins to cease his activities but Jenkins refused to comply with the order.

Also arrested were Peter M. Abrahamsen (W/M, 25 years old), the system administrator for Betcha.com and Josie M. Imlay (W/M, 24 years old), head technician for the website. Both men are also from Seattle, WA. All three suspects are currently being held in Seattle, WA and are awaiting an extradition hearing before they can be brought back to Louisiana to stand trial for violating Louisiana Revised Statute 14:90.3 Gambling by Computer. If convicted, the men could face up to five years in prison and fines of up to $20,000. Under Louisiana State Law, it is illegal for anyone to operate, maintain, or administer an internet website for the purpose of conducting or facilitating gambling activities.

State Police Gaming detectives expect more arrests in this case as they continue their investigation.

At least now we know.

The release, of course, didn't get all the facts right:


Louisiana troopers didn't arrest us. Two of us turned ourselves in in Seattle. A third was arrested by the Seattle Police Department.

Betcha doesn't faciliate "gambling." It facilitates betting. All gambling involves bettting, but not all betting involves gambling.
Placing bets electronically is not illegal in Louisiana per se. Gambling electronically is illegal in Louisiana.
One wonders what that "month-long investigation" must have been like. We shut the site down on or about July 11, well over a month before we were arrested.

We did not "refuse to comply" with the Washington State Gambling Commission's cease and desist order. On the contrary, we shut The Site down. Look around. See any betting going on? There's a reason: betting is closed.

It's not quite accurate to say we will be brought "back" to Louisiana. Messrs. Imlay and Abrahamsen have never been to Louisiana. I was last there in 1994, when I was still in law school and before I'd ever even heard of the Internet. The closest I've been to Louisiana since then was in 2006, when I was in Mississippi with a church group on a Katrina relief mission.

Wagers were not being accepted from participants in Louisiana. First, Betcha doesn't accept bets. Second, it wasn't participants. It was one single participant. $35 in total bets. Total revenue: seventy cents


So far, however, facts and law haven't mattered much.

UNQUOTE

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If I was an American I would be alarmed at the manner in which Nick Jenkins is being treated.

......

Edited to add that US civil liberty organisations should be scrutinising the activities of Washington State and Louisiana authorities carefully.

I have been in Robbie the Robot mode (Danger, Will Robinson! Danger!) since the NETeller Two were arrested. :eek2:

It's a shame Louisiana isn't concentrating its courts and man power on controlling their skyrocketing crime rate (and I mean 'REAL' crime like murder and rape and assault) rather than worry about a $35 bet online. It is truly frightening...
 
I have been in Robbie the Robot mode (Danger, Will Robinson! Danger!) since the NETeller Two were arrested. :eek2:

It's a shame Louisiana isn't concentrating its courts and man power on controlling their skyrocketing crime rate (and I mean 'REAL' crime like murder and rape and assault) rather than worry about a $35 bet online. It is truly frightening...
In actuality, this situation of persecution occurs unfortunately everyday and everywhere. This particular situation just hits home for most of us. Regardless of whether Mr. Jenkins may have miscalculated or not ((J. Todd you live in Washington and I have often wondered,I'll stop or let me say just this, more power to you if the risk for you personally is worth the rewards)), the punishment just does not fit so you must aquit. Assuming this being the case, even if you win you still lose having to defend your innocence. The legal and other costs see to that. As the cliche goes, it just does not pay to fight city hall...yes it sux,it does.
 
Update

Latest blog post by Jenkins - official behaviour in this case is becoming more bizarre by the hour....

"Turns out he had good reason," writes Jenkins in describing the decision of the presiding judge to have him sent back to jail.

"Seems the prosecutor either lied to him or, at the very least, recklessly disregarded the truth about my story. To wit: in the State of Washington's complaint against me, Deputy Prosecuting Attorney Stacy A. Connole swore under oath that I "fled from the state of Louisiana" after being charged with "Gambling by Computer" on or about July 23, 2007.

"One big problem: I haven't so much as set foot in Louisiana since April 1994, well before I knew the Internet even existed and at least ten years prior to the enactment of the statute I'm being charged with violating. As such, I couldn't very well have "fled" the state.

"Not knowing this, however, the judge boosted bail from zero to $50,000 and threw me in the can. It's easy to see why: he thought I was a seasoned vet in fleeing prosecutions.

"This isn't the first time law enforcement and its agents have played a fast one on a Washington state court in this case.

"As I wrote last week, the Washington State Gambling Commission admitted in its answer to our complaint that, when it obtained the search warrant to raid our offices, it did not disclose to Judge Paula Casey that, just hours earlier, Betcha had sued it for declaratory relief based on its wrongful application of the gambling laws.

"As I said last week, I don't know for sure whether the WSGC was legally obligated to disclose that fact. I do know, however, that if I were sued on Friday, and raised money from investors on Saturday without mentioning that I was sued the day before, those investors would sue me six ways to Sunday."
 
"Seems the prosecutor either lied to him or, at the very least, recklessly disregarded the truth about my story. To wit: in the State of Washington's complaint against me, Deputy Prosecuting Attorney Stacy A. Connole swore under oath that I "fled from the state of Louisiana" after being charged with "Gambling by Computer" on or about July 23, 2007.

If true, I hope Jenkins sues and his lawyer screams to high heaven about out and out perjury by Connole.

This is so insane...
 
(J. Todd you live in Washington and I have often wondered,I'll stop or let me say just this, more power to you if the risk for you personally is worth the rewards)


Thank you for your concern... and yes, there is some risk involved in what I am doing. There are many things, however, that go on in this industry that the vast majority of players and webmasters know nothing about. Some things I can talk about, some things will have to wait.

One thing I will discuss is my relationship with the Washington State Gambling Commission. I speak with the Chief Enforcement officer... who is third in charge overall... on a semi-regular basis. He is the person in charge of prosecuting Nick, unfortunately.

This gentleman knows who I am, he knows where I live, and he knows what I do with APCW and the videos. He has told me that, if the WSGC ever has a problem with what I am doing, they will let me know! LOL! But honestly, he seems like a nice enough guy... despite the fact that he's trying to send Nick to prison. He even says he enjoys poker, but that it's his job is to enforce the laws.

Very few people know about this, and I have never spoken of this publicly until now at Casinomeister. But I feel this is an important 'relationship' because I've accomplished two critical things:


1) I have shown them that I respect the laws they enforce by shutting down my portals... so they, in turn, respect me and will talk with me.

2) I have created a friendly, open dialogue by letting them know that we both want the same outcome: Responsibility, legality, and regulation.


That being said, there can be no communication between them and I about Nick's case, of course. But I do sleep much better at night knowing that I have a good "business relationship" with the people who could make my life a living hell... and that they respect me enough to take the time to talk to me about how to operate and the laws in the state.


==========================================================

As for poor Nick, we all know he's out of jail now on $50,000 bond. He has the official hearing on September 5th, and the poor man is terrified... as any of us would be.

We will do what we can to bring as much publicity to this case as possible, because I want the everyone to know how the government has handled this man... which I believe is very poorly. Is Nick guilty? Did he facilitate gambling online? To me, that's less important that the way he's being railroaded without Due Process.

If he's guilty, fine... let's make it public and make it fair.
 
JT,
Thanks for the very enlightening,informative,interesting,etc. post. You did not have to share some of the information but glad you chose to. It certainly aids in having a better understanding of the situation in its entirety. Obviously, you appear to have your ducks in a row and of course you know your own back yard better than posters like myself. Best of luck as you continue the fight, NASH:thumbsup:
 
Just one of the issues here that concerns me is the seeming willingness of officialdom to sling a respectable citizen in jail (twice!) without apparently exercising sensible discretion (assuming for a moment that the actions of the WSGA are not as vindictive and petty as they seem LOL!)

Here we have a hearing on September 21 to effectively examine the legality or otherwise of Jenkins's business model, and the result of this clearly has a bearing on the entire case. And remember Jenkins has in the meantime showed willingness to abide by the law by shutting his site down.

Despite this, officialdom is depriving a man of his liberty on a 70 cent revenue gain! The mind absolutely boggles.

As far as I can see he has a stable and respectable background in Seattle; he is married with an infant daughter and owns his own home. Hardly a flight risk.

Yet this ridiculous extradition process is going forward with the next hearing scheduled (see his blog) for September 5....and in the meantime he has had to post a $50K bail.

Surely a little common sense and discretion by the officials concerned is in order here? Logic would seem to suggest that everyone holds fire on the jail and extradition extremes until the guy has had the legality issue sorted out in a competent and qualified court.

The night raid, opposition to bail and official falsehoods alleged by Jenkins, and the implications of this type of official disregard for personal freedom and justice just takes the breath away.
 
BTW, I've just been checking the Jenkins blog to keep up to speed on this fast developing story, and I see he has removed his allegations yesterday about the prosecution falsely accusing him of fleeing Louisiana (see post 17 on page 2 of this thread)

More official pressure?
 
Just one of the issues here that concerns me is the seeming willingness of officialdom to sling a respectable citizen in jail (twice!) without apparently exercising sensible discretion (assuming for a moment that the actions of the WSGA are not as vindictive and petty as they seem LOL!)

Here we have a hearing on September 21 to effectively examine the legality or otherwise of Jenkins's business model, and the result of this clearly has a bearing on the entire case. And remember Jenkins has in the meantime showed willingness to abide by the law by shutting his site down.

Despite this, officialdom is depriving a man of his liberty on a 70 cent revenue gain! The mind absolutely boggles.

As far as I can see he has a stable and respectable background in Seattle; he is married with an infant daughter and owns his own home. Hardly a flight risk.

Yet this ridiculous extradition process is going forward with the next hearing scheduled (see his blog) for September 5....and in the meantime he has had to post a $50K bail.

Surely a little common sense and discretion by the officials concerned is in order here? Logic would seem to suggest that everyone holds fire on the jail and extradition extremes until the guy has had the legality issue sorted out in a competent and qualified court.
The night raid, opposition to bail and official falsehoods alleged by Jenkins, and the implications of this type of official disregard for personal freedom and justice just takes the breath away.
Simply put as you must know Jetset,the violation of one's constitutional and civil rights is a common occurence without usaully any recourse for the violated unless one can perservere as well as afford the time and costs (not just financial but many other) to defend one's rights and even then logic offers no gurantees. I state again it sux,IT DOES.
 
Update

WASHINGTON AUTHORITIES ASK FOR MORE TIME IN BETCHA.COM CAS

State gaming officials triggered the issue, but now claim they have insufficient time to respond to Betcha's case

Interactive Gaming News.com reports this week on the latest developments in the Betcha.com vs. Washington State Gambling Commission issue (see previous InfoPowa bulletins)

Facing a request from Betcha.com owner Nick Jenkins for a summary judgement at a hearing scheduled for September 21 this year, on August 28 the Commission apparently sought to strike the motion in favour of a status conference aimed at setting a case schedule.

IGN referred to court documents in which the WSGC, through Washington Attorney General Robert M. McKenna, appealed to Thurston County Superior Court, claiming that it does not have sufficient time to conduct discovery "...that is necessary to meaningfully respond to Betcha.com's motion for summary judgment."

"As of the date of this pleading, the [WSGC] has not had the opportunity to conduct any discovery in this factually complex case," the motion read, despite the background to the issue which saw the WSGC earlier this year first warn and then raid Betcha.com, confiscating equipment and ultimately causing Jenkins and two employees to be deprived of their personal liberty.

Jenkins, founder of the Seattle-based operation, told IGN that he was disappointed by the move.

"I did my homework," he said. "It is increasingly looking like the [WSGC] didn't do theirs."

On July 9, Betcha.com, which Jenkins claimed has a business model that makes its activities legal in Washington State, was shut down by the WSGC on grounds that the site's modus operandi violated state statutes covering Internet gambling.

Jenkins has argued repeatedly that the honour-based betting system does not violate the state's definition of gambling, as bettors are not required to pay when or if they lose, IGN notes.

Commenting further on the WSGC request for more time, Jenkins pointed out that the Commission does not say why it has not commenced discovery nearly two months after Betcha filed its declaratory relief action.

Following an initial (and unsuccessful) attempt to enjoin the WSGC from enforcing provisions of the Gambling Act shortly before the shutdown, Betcha served the WSGC with a complaint on July 6, amended July 23, to which the WSGC responded on Aug. 13.

On Aug. 17, Betcha filed a motion for summary judgment, which it amended Aug. 23.
 
Jenkins has argued repeatedly that the honour-based betting system does not violate the state's definition of gambling, as bettors are not required to pay when or if they lose, IGN notes.
I don't think this will stand up in court. If it does, then the casinos that operate on the principle "Player loses, great; player wins, player is a bonus abuser/irregular bettor" are also legal.
 

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