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BETonSPORTS U.S. ban extended by Missouri judge A federal judge on Tuesday extended another 30 days an order preventing indicted online gaming company BETonSPORTS Plc from taking bets in the United States. The London-based company has not operated in the United States since mid-August after it and a dozen executives, several from related Florida companies, were named in a 22-count indictment alleging they failed to pay billions of dollars in excise taxes.
The order extending the ban was issued by Judge Carol Jackson of the U.S. District Court. Federal prosecutors and a lawyer representing the company told Jackson they were trying to work out some of the finanrcial issues raised in the indictment.
No details were made available and it was not clear if they were referring to the taxes the U.S. government claims it is owed or money that may be due to customers.
BetOnSports is negotiating a settlement BetOnSports PLC, the billion-dollar Internet gambling company targeted by federal prosecutors in St. Louis and Washington, is negotiating a settlement of civil and criminal charges against the company, lawyers on both sides said in court here Tuesday.
"What we are interested in doing is resolving this matter," Jeffrey Demerath, a lawyer for BetOnSports, told U.S. District Judge Carol Jackson.
Assistant U.S. Attorney Michael Fagan agreed, telling Jackson, "I think we can resolve matters."
Jackson agreed to extend a restraining order until Oct. 16 to allow the parties to negotiate.
Neither lawyer would comment after the hearing.
Tuesday marked the first time a lawyer for BetOnSports has appeared in federal court in St. Louis. Prosecutors initially had difficulty serving the company with required legal paperwork.
Although officials supplied then-Chief Executive David Carruthers with details of the charges against the company after his arrest in a Texas airport on July 16, the company fired him while he was still behind bars.
About $4.6 billion was wagered with BetOnSports from 2001 to 2005, according to court documents and the company's annual report. Most of the 9.9 million bets placed in 2005 came from the U.S.
BetOnSports, its employees and associated companies and individuals were indicted in June on charges of mail fraud, wire fraud and racketeering. Prosecutors say they knowingly violated the law by allowing U.S. customers to gamble and place bets over the phone and online.
The charges surfaced after Carruthers was arrested at the Dallas-Fort Worth airport on his way home to Costa Rica. He has been released on $1 million bond and is under home detention at a hotel in Clayton.
Prosecutors also won a temporary restraining order that barred BetOnSports from accepting bets from U.S. customers. The order also seeks to force the company to give up $4.5 billion and other property and hand over business records.
Company executives announced Aug. 11 that BetOn-Sports no longer would accept bets from U.S. customers, and that it would refund customer money held in existing accounts when it became available.
The only remaining issue appears to be customer refunds and the handover of company documents, as well as any penalties the company may face.
Although some industry observers initially had speculated that BetOnSports would ignore prosecutors and continue accepting bets from the U.S., an industry insider said the company is listed on the London Stock Exchange and must clear its name before resuming operations.
A BetOnSports customer from New York said she had called the company repeatedly and was told that there should be more information on customer repayments by the beginning of October. She asked not to be identified because of the questions about the legality of online gambling.
A BetOnSports spokesman did not return a call seeking comment, nor did the company's lawyer based New York.
Judge Extends Court Order Against BetonSports
Sep. 1--A federal judge in St. Louis on Thursday extended a temporary court order against BetonSports, an Internet sports gambling operation, in hopes the London-based company would send a representative to respond to it soon.
An indictment unsealed July 17 alleges that the company took $3.7 billion in illegal bets from Americans over three years, and accuses it of mail fraud, racketeering and other crimes. Federal prosecutors sought an order prohibiting the company from selling its websites and ordering it to return bets to American players.
U.S. District Judge Carol E. Jackson has granted a temporary order to that effect, but lawyers for BetonSports have never appeared at the federal courthouse here to answer it. They didn't show up Thursday, either.
"Is anyone here from --Beton---Sports?" she asked to open a brief hearing.
"Just like the last time."
Marty Woelfle, a lawyer for the Justice Department's organized-crime unit in Washington, was in the room and told the judge the government has made some progress in formally serving papers on BetonSports' London headquarters. Woelfle said a process server in London expected to complete that task soon, and asked for a 30-day extension on the judge's temporary order, which would have expired today.
Jackson granted that extension.
Woelfle is seeking a permanent order to bar the company from taking bets and to force it to give up $4.5 billion.
On Aug. 10, the company closed its American operations. Its website, betonsports.com, explains the change and, among other things, promises to "repay balances due to U.S. customers in an orderly manner."
David Carruthers, the company's former chief executive, was arrested July 16 in Dallas, allegedly while trying to fly to Costa Rica, where the company has an operation. The company fired him after he was arrested. He was freed on $1 million bond on Aug. 16 from the federal courthouse in St. Louis.
BetonSports Still Stiffing U.S. Bettors
Roy Mark
U.S. gamblers holding accounts with BetonSports, the beleaguered London-based online betting site, are not likely to see their money any time soon.
BetonSports is also under a court order to return any balances in accounts held by U.S. bettors -- one of the many and complex legal issues facing the company.
That, according to a BetonSports spokesman, has not happened.
"We are not making payments right now," J.P. Masters, who is working a U.S. telephone response line for the company, told internetnews.com. "All of our accounts are frozen right now. We have no time frame for returning any money."
How many U.S. bettors affected by the order is unknown.
The next court action facing BetonSports is Thursday, when U.S. District Judge Carol E. Jackson will consider extending the temporary restraining order (TRO) against BetonSports that expires on Friday.
BETonSPORTS Back-tracks on Processors Holding Funds
Interviewed by Igamingnews.com BETonSPORTS Director of
communications Kevin Smith backtracked on the Board's statement to the AIM issued on August 10. "[Payments] will take time and their successful completion will depend upon the company's ability to
persuade banks and cash processors to release its funds." BoS Board
said.
"Neteller is not holding any funds from BoS.com and, thus, has not
frozen or held any reserve funds from this company. These business
controls continue to be in place. Neteller has indicated to its
members that all transfers from BetonSports.com must be initiated on
the BetonSports.com Web site and has provided customer service
contact information to reach BetonSports.com." Neteller Vice
President of corporate development and communications told
TheOnlineWire.com in an exclusive interview.
"The nature of the (BoS board's) statement forced us to be as vague
as possible," Smith told igamingnews.com. "But nowhere in our statement does it specifically say Neteller is holding our funds."
Kevin Smith also said he doesn't think the Theonlinewire.com and
Gambling911.com complaint filed with the AIM for alleged false corporate communication against his company is reasonable.
TheOnlineWire.com also accrued evidence that some Bank accounts
belonging to BETonSPORTS are not frozen, unlike BoS Board of
Directors wanted its shareholders and the general public to believe
with their statement made to the AIM on August 10.
The Status conference regarding temporary restraining order (TRO)
against BETonSPORTS will be held August 31 at 11.00am CST before
U.S. District Judge Carol E. Jackson. Observers believe the TRO will
be once again extended.
BETonSPORTS is unlikely to appear.
The company's attorneys never appeared at any of the previous hearings.
"Closure of BETONSPORTS PLC will not affect the prosecution of the
civil and criminal actions filed in the Eastern District of Missouri." stated U.S. Attorney Catherine L. Hanaway when she learned BoS has shut down its U.S. facing operations.
The intention to continue with the prosecution of the case may
ignite a political scandal in the United Kingdom. The peer of the House of Lords and Conservative Party's spokesman on Northern Ireland affairs Lord Glentoran is a non-executive Director and member of the Board of Directors of BETonSPORTS since July 8 2006.
Lord Glentoran told an Irish journalist that he won't comment on the specifics of what's going on "for legal reasons." Lord Glentoran also questioned "why it is only he who is being questioned about this when there are others in the company much more involved than he", the Irish journalist shared with TheOnlinewire.com.
"We have no comment to make." the Conservative Party Press Office
manager Mrs. Jennie Gorbutt told Theonlinewire.com when asked to
comment on Lord Glantoran's involvement with BETonSPORTS.
TheOnlineWire.com and Gambling911.com will meet again Thursday to discuss the future course of action in light of the outcome of
Thursday morning's hearing.
Former BetOnSports CEO free on bail David Carruthers, 48, was released after a hearing before U.S. District Judge Mary Ann Medler. He had been expected to be freed as early as Monday but it took days to work out technical details. Among those details: A dedicated phone line had to be installed at the residence where he will stay.
Carruthers must remain in the St. Louis area until his trial. According to the terms of his bond, Carruthers will live at a hotel in the suburb Clayton. He will not be allowed to leave the hotel except for court appearances, meetings with his attorney or medical emergencies.
During the hearing, Carruthers asked the judge if the home-incarceration was 24 hours a day. She said it was.
BetonSports facing bankruptcy - 15/08/06
BetonSports is facing bankruptcy after a federal restraining order was extended yesterday. Judge Carol Jackson of the U.S. District Court in St. Louis said the order would be extended so that U.S. prosecutors could have more time to properly notify BETonSPORTS that it was being prosecuted in federal court. The order bars the online betting company from taking bets that originate in the United States, which accounts for nearly 80 per cent of its turnover.
Shareholders, of which Conservative peer Lord Glentoran has been revealed to include, and players stand to lose their stakes in the company. Lord Glentoran alone will lose an estimated £50,000 according to reports.
The company is facing further hearings today in Missouri to decide whether it was served in accordance with U.S. laws and eventually switch the temporary restraining order to a permanent one.
David Carruthers Released After Raising Bail
It has been reported that former BetOnSports chief executive David
Carruthers will finally be released from prison later Monday August 14th,
following his party's success in raising the required $1 million
dollars to make bail.
As part of the bail requirements, Mr Carruthers has been ordered to
stay in St Louis, Missouri, and will be fitted with an electronic
tag to monitor his movements during the course of the trial.
Reports suggest that Carruthers is likely to finance his own legal
defence, although BetOnSports has claimed that it will provide the
funding for his attorneys. This is despite the company's decision to
withhold the payment of deposits to its customers, with many
claiming to be owed five figure sums.
US Attorney Catherine Hanaway
has ordered all customer deposits be paid immediately, implying that
further actions may be taken against the company.
Last Friday the firm announced it was closing down its US business,
which resulted in the loss of around 800 jobs as well as raising
doubts over the long-term viability of the company
Advisers to Betonsports faced with legal action
Nick Mathiason
Sunday August 13, 2006
The Observer
The company was brought to the London stock market two years ago, but institutional investors are unhappy that the history of Betonsports founder Gary Kaplan was not made clear in the company's offer document.
Betonsports' representatives have insisted that Kaplan was not a director of the company, so it was under no obligation to detail his past, which includes a brush with the law over gambling offences in New York in 1993.
Kaplan, who is wanted by the US Department of Justice, faces possible charges of fraud and racketeering. He is said by those close to the company to have left Costa Rica for Israel.
One of the biggest institutional shareholders in Betonsports said: 'It [legal action] is possible given that certain information was not circulated at the time of the float. What's known now should have been known then. It's a disgraceful situation that's hard to explain away but individually it will be hard to get anywhere. Collectively, it's possible.'
Betonsports' float was handled by Evolution Beeson Gregory, now Evolution Securities. Baker Tilly was its auditor and reporting accountant. Both firms have said they supplied all the information that was required of them to the relevant listing authorities.
David Carruthers, the former chief executive of Betonsports, already accused of racketeering and fraud, has been incarcerated in a Missouri jail. His lawyers and family are believed to have raised $1m bail. Carruthers has pleaded not guilty to the charges and should be released from jail tomorrow.
Last Friday the firm announced it was closing down its US business, which generated most of its profits. Industry insiders say the closure of its US business will be a huge problem for the long-term viability of the company. Many predict the company will see its share price become worthless if it resumes trading. Its shares have been suspended for three weeks since the US authorities arrested Carruthers in Texas.
Betonsports hopes its decision to stop taking US bets will ward off any further legal action by US authorities.
American law makes it illegal for companies to take sport bets from US citizens via the telephone and internet.
Betonsports' withdrawal from the US will result in the loss of 800 jobs and will see it leave Costa Rica and Antigua. The company will now attempt to boost its presence in the potentially lucrative Asian market, having last year paid £17.2m for Easybets.
Feds Still going after BetOnSports.com
Federal prosecutors said Friday they will continue prosecuting BetOnSports PLC even though the online gambling company is shutting down its operations that take bets from U.S. customers.
Separately, U.S. Attorney Catherine Hanaway's office approved conditions for the release of London-based BetOnSports' former Chief Executive David Carruthers, according to his attorney, Scott Rosenblum.
Hanaway's case against BetOnSports is one of the most high-profile prosecutions of online gambling. Last month, her office unveiled a 22-count indictment against the company. It seeks a $4.5 billion forfeiture from Carruthers and 10 other people associated with the operation that the government claims fraudulently took bets from U.S. residents by phone and the Internet, and failed to pay excise taxes.
Carruthers, then the company's CEO, was arrested last month during a layover in Texas and should be released within days. Rosenblum said prosecutors are waiting for $1 million in bond money to be wired to St. Louis before his release. The large wire transfer was delayed by technical complications Friday but should arrive no later than Monday, he said.
In a brief statement released Friday, Hanaway said she learned that BetOnSports was closing its Costa Rica and Antigua offices that processed billions of dollars worth of bets placed from the United States.
"If true, closure of BetOnSports PLC will not affect the prosecution of the civil and criminal actions filed in the Eastern District of Missouri," the statement read. A spokeswoman said Hanaway wouldn't comment further on the matter.
The closure will have little effect on the government's case, said I. Nelson Rose, a professor at Whittier College of Law and an expert on Internet gambling.
"It's like robbing a bank and on the way out you change your mind -- which does happen -- you can't give the money back" and avoid prosecution, Rose said.
Carruthers was arrested during a layover in Texas as he flew from London to Costa Rica. His attorneys have been negotiating with Hanaway's office over the technical terms of his release since a bail hearing July 31.
On Friday, Rosenblum met with prosecutors in the chambers of U.S. Judge Mary Ann Medler. He said all parties agreed on the terms of Carruthers' release, which will require him to stay in the St. Louis area under electronic monitoring until his trial on racketeering and fraud charges.
Rosenblum said Carruthers likely would not be released until Monday afternoon because of the delay.
BetOnSports spokesman Kevin Smith said the company will lay off roughly 800 workers in Costa Rica and Antigua. He said the company will remain in business although it will no longer take any bets from the United States.
Smith said the company will focus on customers in Asia and South America, which together accounted for about 20 percent of BetOnSports' total revenue before the indictment.
However, Wayne Brown, an analyst at Altium said the decision was the "worst case scenario" that effectively spelled the end of the company, which currently generates almost three-quarters of its business in the United States.
BETonSPORTS shutters US business
LONDON (Reuters) - Internet gaming group BETonSPORTS (London:BSS.L - News), which removed its chief executive from his job following his detention in Texas last month on racketeering charges, said on Friday it was closing down the U.S. business, the driver of most of the company's profits.
The company's decision to halt operations in Costa Rica and Antigua, where its U.S. operations are based, puts a question mark over how BETonSports will recover from the ongoing court action it faces in the United States.
BETonSPORTS London shares have been suspended for the past three weeks.
Altium Securities analyst Greg Feehely described the company's decision to drop its U.S. business as the worst possible outcome for shareholders given the U.S. accounts for around 95 percent of profits.
"Today's news does at least draw a line under the situation and of course removes a significant competitor in the U.S. market ahead of one of the busiest periods of the year," he said in a research note.
BETonSPORTS might have to sell its Asian business to settle its outstanding liabilities, leaving nothing for equity investors, he said.
However, a spokesman for the company said it would be premature to comment on how BETonSPORTS would come through its current U.S. legal issues.
"The board believes they have sufficient assets to settle the liabilities of the business in an orderly manner," he said.
BETonSPORTS said earlier on Friday its U.S. operations were no longer viable amid a restraining order on the business and the charges faced by former Chief Executive David Carruthers.
The company said it would pay any liabilities to staff and creditors and repay balances due to U.S. customers. Its ability to do this would "take time" and partly depend on whether it could persuade banks and other intermediaries to release its funds, the company added.
"It will also depend on the company's ability to realize further and sufficient funds from its assets and operations outside Costa Rica and Antigua and to earn sufficient profits from operations which are not U.S. facing," BETonSPORTS said.
SEVERAL HUNDRED JOB CUTS
Management were taking steps to make sure the company did not knowingly accept any wagers form U.S. customers, it added.
Around 800 staff in Costa Rica and Antigua are losing their jobs due to the closure of the U.S. operations, said the BETonSPORTS spokesman.
BETonSPORTS's full-year results for the year to February 5 showed pretax profit of $14.9 million, compared with $13.3 million a year earlier.
Although the United States accounts for the lion's share of the company's business, BETonSPORTS has been expanding its Asian business via acquisitions including Easybets last year and China's sportsbook Hooball and 777ball in May. Easybets takes about 80 percent of its business from China and Hong Kong.
Feehely said that UK online gaming firms with significant U.S. business like Leisure & Gaming (London:LNG.L - News) and online bookmaker Sportingbet (London:SBT.L - News) were likely to be beneficiaries of BETonSPORTS' U.S. closure.
He said, however, that short-term sentiment across the UK online gaming sector was likely to take a fresh hit.
In afternoon trading shares in Sportingbet were 7.6 percent lower at 249-1/2 pence, while Leisure & Gaming was unchanged at 77 pence. Shares in PartyGaming were down 2 percent at 108-3/4 pence while Internet casino and poker room 888 Plc (London:888.L - News) was trailing its opening level by 1.4 percent at 73-3/4 pence.
Carruthers and seven others have already pleaded not guilty to racketeering and other charges and a U.S. court has extended to August 14 an order barring the online bookmaker from taking U.S. bets.
Carruthers was arrested by U.S. authorities in July while passing through a Texas airport. He was en route from the United Kingdom to Costa Rica.
The charges allege the company failed to pay U.S. excise taxes on more than $3.3 billion in wagers taken from U.S. gamblers. The government seeks forfeiture of $4.5 billion, removal of access to BETonSPORTS's Web sites in the United States, and the return of money held for U.S. account holders. The United States is the bookmaker's biggest market
Net Gaming Stocks Rally On US Comments
1438 GMT [Dow Jones] Share gains in online gaming groups, such as Sportingbet (SBT.LN), PartyGaming (PRTY.LN) and NETeller (NLR.LN), are probably the result of comments from the US regarding the recent BetonSports (BSS.LN) indictment, says Daniel Stewart.
"In summary, the chief protagonists in the BetonSports indictment, Federal prosecutor Marty Woelfle and US Attorney Catherine Hanaway, have admitted that it is troublesome attempting to successfully prosecute individuals and companies that are based offshore.
Apparently, BetonSports was advised
not to turn up to the courts in St. Louis this week as it does not have a case to answer in the U.S. given its offshore (Antigua and Costa Rica) status," analyst James Hollins says. Sportingbet +11%, PartyGaming +8.2% and Neteller +19%. (LEV)
BetonSports Defendants Freed on Bail
By Tamsin Waghorn, Daily Mail, London
Aug. 1--Neil Kaplan and Lori Kaplan Multz, brother and sister of BetonSports' colourful founder Gary Kaplan, were among several people released on bail yesterday after pleading not guilty to racketeering, fraud and other charges.
David Carruthers, the incarcerated former boss of embattled online gambling group BetonSports -- who had also been expected in court -- did not appear, suggesting his bail hearing may have been delayed for a second time.
The US attorney's office in St Louis said the timing of Carruthers' arraignment must have been changed at the last moment.
There was also expected to be a court hearing to determine whether the Department of Justice could order BetonSports' US-facing websites to be permanently shut down.
About 80pc of its revenues are generated by these sites. Carruthers was arrested last month in the US. He was dismissed by the company last week. His arrest came just weeks after the House of Representatives passed a bill that could effectively ban online gambling in the US.
BetonSports Board of Directors could be issued arrest warrants
U.S. Attorney Catherine Hanaway warned Monday evening that any executives or high ranking employees of BetonSports PLC could be faced with arrest warrants for contempt of court if they come onto U.S. soil. Attorneys for BetonSports PLC failed to show for a court hearing in St. Louis Monday following indictments against the company two weeks ago.
The company shut its websites down claiming this action was necessary in order that they adhere to U.S. prosecutors requests, yet BetonSports failure to show up in a Federal Court Monday suggested company officials had zero intention of abiding by the prosecutors demands.
Hanaway said it was very rare for someone to simply ignore a federal prosecution. "They're just doing what they have been doing," she noted. "I don't think it's surprising that they would continue to."
Marty Woelfle, of the Justice Department's organized crime and racketeering section, in Washington, told the St. Louis Post-Dispatch that Steve Cohen, a New York lawyer hired to advise the company, told her BetOnSports would not answer the charges.
UPDATE 2-BETonSPORTS figures plead not guilty
Mon Jul 31, 2006 6:10 PM ET
(Recasts with ex-CEO's not guilty plea)
ST. LOUIS, July 31 (Reuters) - BETonSPORTS Plc's <BSS.L> former chief executive and seven others pleaded not guilty to racketeering and other charges on Monday, while a judge extended to Aug. 14 her order barring the online bookmaker from taking U.S. bets.
David Carruthers, who was sacked by BETonSPORTS after his arrest by U.S. authorities two weeks ago while passing through a Texas airport, entered the not guilty plea and was ordered held while a bail arrangement was worked out.
The company said on July 25 that Carruthers was fired because he could not fulfill his duties while in custody.
Carruthers, a 48-year-old Briton, was wearing a prison-issue T-shirt and khakis and was led into and out of court in handcuffs. Negotiations for his release were under way, prosecutors and Carruthers' attorney said.
The terms would require Carruthers to post a $1 million bond and remain in the St. Louis area pending trial, while his movements would be monitored with a global positioning system device.
He was among 11 people and four companies that have been charged in a 22-count indictment unsealed in St. Louis, alleging racketeering, fraud, tax evasion and conspiracy.
BAN ON U.S. BETS
Meanwhile, another federal judge in St. Louis extended the ban on BETonSPORTS taking U.S. bets for another two weeks while prosecutors resolve questions about whether the company was served with the charges legally at its offices in Britain and Costa Rica.
A defendant in U.S. court cases -- whether a company or an individual -- must be contacted directly by the complaining party. Prosecutors told U.S. District Court Judge Carol Jackson that BETonSPORTS was served legally.
The company once again did not send a lawyer to the court hearings in St. Louis, triggering questions about whether it would seek to defend itself or instead take a position that U.S.-ordered sanctions against it were unenforceable. So far, the company has complied with the U.S. judge's order not to take wagers from U.S. bettors.
The charges allege the company failed to pay U.S. excise taxes on more than $3.3 billion in wagers taken from U.S. bettors. The government seeks forfeiture of $4.5 billion, removal of access to BETonSPORTS' Web sites in the United States, and the return of money held for U.S. account holders. The United States is the bookmaker's biggest market.
Prosecutors said a U.S. lawyer had advised BETonSPORTS about whether to send a representative to court, but that the company had decided not to.
"By not coming to court, you can make the assumption that since we weren't served, we can carry on our business in a normal capacity," said Kevin Smith, a BETonSPORTS spokesman, after the hearing.
Prosecutors had sought to make the ban on U.S. bets permanent, pending a trial.
Others entering the not guilty pleas were Neil Kaplan, Lori Kaplan-Multz, Tim Brown, William H. Lenis, William L. Lenis, Manny Lenis and Monica Lenis.
All are free on bond.
The Kaplans are related to BETonSPORTS' founder Gary Kaplan, the subject of a U.S. arrest warrant. The Kaplans and Brown formerly worked for BETonSPORTS. The Lenis family members held positions with Florida firms involved in the online betting operation.
One of the Florida firms, DME Global Marketing & Fulfillment Inc., entered a not guilty plea, while two other companies did not enter pleas.
Not guilty pleas entered in online gambling case ST. LOUIS — Seven defendants named in a federal indictment of one of the world's largest online gambling companies, BETonSPORTS, pleaded not guilty Monday to federal racketeering and mail and wire fraud charges.
Neil Kaplan and Lori Kaplan Multz, the brother and sister of BETonSPORTS founder Gary Kaplan, were among those pleading not guilty to a 22-count indictment. The government claims BetOnSports and its employees fraudulently took billions of dollars in wagers from U.S. residents by phone and over the Internet without paying excise taxes.
No one appeared on behalf of the BETonSPORTS corporation.
Gary Kaplan is a former New York-area bookie now living in Costa Rica, authorities said. He remained at large despite the indictment.
David Carruthers, chief executive of BETonSPORTS, was expected to appear in court Monday afternoon and enter a not guilty plea.
Carruthers was being transported to St. Louis from Dallas, according to court officials. He was arrested July 16 by federal agents at Dallas-Fort Worth International Airport en route to Costa Rica, where the company has an office.
The Justice Department is seeking the forfeiture of $4.5 billion, cars and computers from the defendants.
BETonSPORTS fired Carruthers last week and the company has agreed to a judge's order to stop accepting U.S. bets. The company has also asked the London Stock Exchange to suspend trading of its shares.
A judge was expected to extend a temporary restraining order later Monday to halt all BETonSPORTS business in the U.S.
Also entering not guilty pleas at Monday's arraignments were BETonSPORTS ex-employee Tim Brown; William Lenis, 52, who owned Mobile Promotions, a Florida company that did promotions and marketing for BETonSPORTS; William Lenis' son and daughter, Monica and William Luis Lennis, and his nephew, Manny Lenis, who worked for Mobile Promotions.
William Lenis also owned two other companies named in the indictments.
A lawyer appeared for DME Global Marketing, another one of the Lenis family companies, which does work for BETonSPORTS, and pleaded not guilty.
U.S. Magistrate Judge Mary Ann Medler set a hearing date of August 21st for the defendants who appeared, but said that date may be postponed.
2 Hearings Monday in BetOnSports Case
DOJ Lawyers Involved From Start in BetOnSports Probe, Says Not Part of Governmentwide Crackdown
WASHINGTON (AP) -- Attorneys at the Justice Department headquarters here have been involved from the outset of an investigation by the US Attorney's office in St. Louis of BetOnSports PLC that so far has resulted in a court-ordered suspension of its operations and the arrest of the British online gambling company's chief executive.
David Carruthers was arrested July 16 at Dallas-Fort Worth International Airport in Texas while trying to make a connecting flight from the United Kingdom to Costa Rica, where BetOnSports is based. The site suspended U.S. operations July 18 following the issuance of a temporary restraining order by the U.S. government. On Monday, a hearing on the order is scheduled at the U.S. District Court in St. Louis. Carruthers, whose employment contract with BetOnSports was terminated July 25, will be arraigned in a separate hearing in St. Louis.
The BetOnSports case has garnered media attention because it is one of the largest companies to date that the government has taken legal steps against. In the fiscal year ended Feb. 5, BetOnSports said it had handled $1.8 billion in bets. The case also attracted attention because Carruthers has been an outspoken advocate of online gambling. "I'm optimistic that we can come to agreeable terms for his release," at Monday's arraignment, said Tim Evans, Carruthers' Fort Worth-based attorney.
Going after a high-profile player may not be coincidental, but the case, the latest of many the Justice Department has brought and continues to pursue, is not part of a coordinated federal crackdown on the industry, according to spokesmen there.
Carruthers, company founder Gary Kaplan -- who the Justice Department says is still at large -- and nine others were named in a 22-count indictment unsealed last week by federal prosecutors. The government says BetOnSports fraudulently took bets from U.S. residents by phone and the Internet, and failed to pay excise taxes. It is seeking the forfeiture of $4.5 billion, cars and computers from the defendants.
The Justice Department pursues cases that have the strongest evidence and greatest potential for deterrence, said spokeswoman Jackie Lesch, adding that the BetOnSports indictments were sealed June 1.
Catherine L. Hanaway, U.S. attorney for the Eastern District of Missouri, brought the indictment against Carruthers and said her office has a history of bringing cases against Internet gambling firms and companies that carry advertisements for them, including Paypal, the Discovery Channel and the Sporting News.
"Those cases have resulted in multimillion dollar civil enforcements," Hanaway said. Her office has been pursuing Internet gambling cases since 1998 and its "investigative and prosecutorial resources have great expertise" in that area, she added.
The BetOnSports investigation started long before Hanaway became U.S. attorney last July and the Justice Department lawyers in Washington had been involved from the beginning, she said, noting that an attorney from Justice's organized crime and racketeering section is working on the case. No other U.S. attorney offices are involved.
When asked if the case was part of a larger, coordinated Justice Department effort, Hanaway said she could not comment on ongoing investigations.
There is growing pressure from Congress and antigambling groups to crackdown on online gambling companies. Opponents of Internet gambling cite the always-available nature of the sites and the potential for addiction, bankruptcy and crime.
Experts who follow the industry -- estimated at $12 billion a year worldwide -- say U.S. law prohibits using phone lines to wager on sports, but using the Internet for other types of betting is still a legal gray area. They point to a 2002 ruling in which a federal appeals court in New Orleans dismissed a lawsuit against credit card companies that let gamblers use their cards to make online wagers.
The House earlier this month overwhelmingly passed legislation that would prohibit credit cards and other payment forms from being used to settle Internet wagers. The bill, which would exempt state-run lotteries and horse racing, would update current law to spell out that most gambling is illegal online, and would allow law enforcement officials to work with Internet providers to block access to gambling Web sites. It appears to be on hold in the Senate.
The BetOnSports case confirms that Internet gambling is illegal based on existing law, according to an aide for Rep. Jim Leach, R-Iowa, co-author of the legislation. But more needs to be done, the aide added.
BETonSPORTS fires arrested CEO
LONDON (Reuters) - Internet bookmaker BETonSPORTS (BSS.L) has removed David Carruthers from his job as chief executive following his arrest in Texas on racketeering charges.
Carruthers, 48, has been in custody since July 16 when he was arrested by federal authorities while changing planes in Texas. He is one of 11 people charged with racketeering, conspiracy and fraud in a 22-count indictment.
"On July 24, the contract under which David Carruthers acted as CEO of the company was terminated,"
BETonSPORTS said in a statement on Tuesday. "Clearly, while he remains in the custody of the U.S. government he is unable to perform his duties," it added.
BETonSPORTS also sought to distance itself from founder Gary Kaplan, who U.S. authorities also want to arrest, saying he had not been involved in managing the group since it was listed on the London Stock Exchange in 2004.
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BetonSports claims rivals are trying to poach customers
Simon Bowers Monday September 25, 2006
The Guardian
Rival websites are trying to cash in on BetonSports' legal problems in the US by sending unsolicited emails to its former customers offering them discounted promotional betting opportunities.
London-listed BetonSports was forced to shut the American part of the business last month after David Carruthers, its chief executive, was arrested in July.
BetonSports, which last year made 98% of its revenues in the US, is at the centre of a 22-count grand jury indictment alleging it was part of a multibillion-dollar illegal gambling enterprise in America. Charges include wire act offences, money laundering, conspiracy, fraud and racketeering. Mr Carruthers has pleaded not guilty.
BetonSports has promised to comply with a court order to return money held on account to US customers. But it believes contact details for its customer database have been illegally sold to rival operators.
Several unsolicited emails have been received by former BetonSports customers from BetMaker.com, a rival website offering sports bets to US customers via the internet or via a free phone service. It has historic links with Sportingbet, the UK online gaming site whose chairman, Peter Dicks, has been charged with alleged violations of the gambling laws in the US. He denies any wrongdoing. The site also offers poker bets and casino games.
"NBA games tonight - get this sign-up special," reads one email. "Get an extra 30% sign-up bonus when you deposit $300 or more."
Yesterday a Sportingbet spokesman said BetMaker no longer had anything to do with its operations, though Sportingbet had bought "the business and certain assets of BetMaker.com" in May 2000.
The acquisition was a good deal for Sportingbet, more than doubling its size and widening its focus from the UK to a transatlantic online and telephone operation dominated by US customers. After the deal, the US accounted for more than half of Sportingbet's registered customers and more than 70% of revenues.
BetonSports Easybets brand confiscating US player accounts
From Gambling911.com - For those of you that believe BetonSports is going to pay you, consider the following in regard to their intentions:
It's only brand that remains open and has been taking bets since BetonSports was indicted two months ago, EasyBets, has begun confiscating US player funds and making all future bets void.
It is becoming clearer by the day that BetonSports Board of Directors led by one Clive Archer has little intention of paying customers, despite what they continue to tell people over the phone.
Roberto Castiglioni of TheOnlineWire.com was scheduled to meet with two respected UK attorneys this coming week to discuss legal actions against BetonSports and its Board of Directors, as well as high ranking employees who may be liable. One customer is already prepared to take legal action.
Sources close to Gambling911.com have also suggested that board members may have invested customer funds into an Asian real estate deal, hence the reason none of the money appears to be available.
Gambling911.com will continue to monitor the situation closely.
BetonSports accused of stalling on customer repayments - Further problems are brewing for BetonSports as industry analysts are starting to question the whereabouts of an estimated $10 million of customer deposits. The online gambling firm has suggested so far that the return of the money is being held up by e-processors, a claim that research and marketing firm 911gambling.com disputes.
"[That] is untrue because the e-processors are not supposed to have deposit money," said president Christopher Costigan. "I think they are using this as an excuse not to pay people." He went on to add "I understand them not returning winnings because in the case of a bankruptcy, customers may not be entitled to that money."
E-processors transfer funds on clients behalf, and are allowed to hold money for certain amounts of time in the case of business closure, but it is not clear whether this has been the case with BetonSports. A U.S. judge recently extended the court order banning operations of BetonSports in the country for a further 30-days. "The U.S. order clearly says that BETonSPORTS is supposed to send the deposit money back to customers," said Costigan. "This is just 30 more days for BETonSPORTS to delay the repayment of its customers."
Gambling Portals Consider Legal Action vs. BetonSports
by Emily Swoboda, Interactive Gaming News
Online gambling information portals The Online Wire and Gambling 911 have jointly filed a complaint with the Alternative Investments Market Regulatory News Service against BetonSports' (BoS) board of directors for false corporate statements made in an Aug. 11 announcement.
The board stated in a release when the company shut down its Costa Rican and Antiguan operations, "[Payments] will take time and their successful completion will depend upon the company's ability to persuade banks and cash processors to release its funds."
Roberto Castiglioni, editor-in-chief of The Online Wire, and Christopher Costigan, founder and president of Gambling 911, filed the complaint on Friday after Castiglioni posted on his Web site an e-mail he received from Andrew Gilchrist, vice president of corporate development and communications for payment processor Neteller, in which Gilchrist stated that BoS's funds are not being withheld or frozen by his company.
The e-mail, which Gilchrist has acknowledged sending, stated that Neteller halted all transfers to BetonSports.com following the indictments by the U.S. Department of Justice against BoS and certain related companies and individuals, but has continued to allow transfers from the company to facilitate member payouts. Transfers to and from Easybets.com, BoS's Asia-facing sports book, are operating as usual.
The e-mail states:
Neteller is not holding any funds from BoS.com and, thus, has not frozen or held any reserve funds from this company. These business controls continue to be in place. Neteller has indicated to its members that all transfers from BetonSports.com must be initiated on the BetonSports.com Web site and has provided customer service contact information to reach BetonSports.com.
BoS Director of Communications Kevin Smith does not think the portal' complaint against his company is reasonable.
"The nature of the (BoS board's) statement forced us to be as vague as possible," Smith said. "But nowhere in our statement does it specifically say Neteller is holding our funds." Castiglioni said the complaint is just the first step in a long process toward filing a class action suit on behalf of the BoS customers who have not received their money since the BoS Web site was shut down on July 19. He and Costigan have met with several law firms in the United Kingdom (one of which has already declined to represent them due to a conflict of interest) and they expect to secure counsel this week.
"Customers, vendors and those other than shareholders cannot file claims with the London Stock Exchange," Castiglioni said. "Our claim was taken into consideration because of alleged corporate fraud. . . . We need to clearly understand if the company has assets, if there is cash at hand, before we decide whether to pursue a class action suit in the interest of the players."
If and when they establish that, he said, account holders who want to pursue legal action would be able to do so through them.
"The class action will be our burden, our duty, our cost," he said.
Castiglioni considers himself an advocate of the so-called jilted customers. He said he is doing this strictly for the players and that he is upset that the media has paid so much attention to David Carruthers and BoS and so little to the account holders.
"Nobody talks about the players, and there's over 53,000 of them, including non-U.S. residents," Castigiloni said. "My only concern is that the players get paid, even if it's just the initial deposits."
Antigua lead counsel in WTO case Mark Mendel sits down with G911
Mendel says BetonSports management did absolutely everything wrong
Mark believes that the management of BetonSports did absolutely everything wrong. They sacked Carruthers and left him out to dry simply for doing what he was hired for and paid to do. They have effectively destroyed their company and put customer funds at risk. They should have never shut down and ceded to the American jurisdictional claims. He cannot imagine the situation being handled any worse.
Mark goes on to assert that regulated Antiguan providers of all gaming services should continue business as usual and not change anything they do. The same is true for any offshore operators offering non-sportsbook services. Further, not accepting telephone bets is a meaningless gesture.
When asked about the portion of the indictment that accuses BOS of not properly remitting the wagering excise tax, he states that is simply a tactic. He doesn't see how the US can assert taxing jurisdiction over a foreign entity with no American presence.
See More.
How rival widened its net to catch American punters Call-based services have been wound down, says Sportingbet
Simon Bowers
Saturday August 12, 2006
The Guardian
Ever since the shock arrest of BetonSports chief executive David Carruthers at Dallas airport last month all eyes have been on the firm's much-larger rival Sportingbet as investors wondered whether the US department of justice might widen the scope of its crackdown against online gambling operators.
The company's management has remained silent as shares in Sportingbet more than halved in the wake of the indictment against BetonSports. The stock remains down more than 25%. At its peak earlier this year the company had a market value of almost £2bn.
Chief executive Nigel Payne has been on holiday during the crisis, and is currently at a Center Parcs resort. Finance director Andrew McIver - who takes over from Mr Payne in October - yesterday spoke to the Guardian in his first interview since Mr Carruthers' arrest. He played down the significance of Sportingbet's past operations which included a sizeable telephone bookmaker.
BetonSports was targeted by the US authorities largely for its telephone betting operation. Mr McIver said:"I think it was substantial in relation to Sportingbet at the time, but I don't think it would be today ... Telephone betting was wound down gradually and was certainly not a significant part of the business when I joined in December 2001."
Mr McIver also played down legal advice the company received in the same year as he joined. The advice, passed on to investors, stated it was "likely" some of Sportingbet's activities may violate US federal law. Mr McIver said: "Lawyers always have to write the worst case scenario in flotation prospectuses." However, he confirmed that the company had never updated this advice to shareholders.
The company has several blue chip investors, including Fidelity, Merrill Lynch and Deutsche Asset Management, but almost 30% of Sportingbet remains controlled by two groups of anonymous investors who sold their businesses - Sportsbook.com and Paradise Poker - to the company.
Global ambitions
Executive vice-chairman Mark Blandford, who used to run his own small chain of bookmakers in south Wales, founded Sportingbet in 1998, listing it on the Ofex market in February 1999. At that time it was a small, British-focused company, but one with global ambitions. In its Ofex paperwork, Mr Blandford said Sportingbet, then called NetBet, "intended to become one of the world's leading sports betting operators within a period of three years". The company had already identified the US as the key growth market and a month later launched its first American-facing website with a plan to increase active customers to 7,000 in two years.
The competition, however, was tough and Sportingbet quickly realised the best way to gain customers was through acquisitions. When the company moved to the Aim junior market in 2001, it said in the admission document that its acquisition targets would be "other online or telephone betting operators". Mr Blandford knew by then what benefits acquisitions could bring as Sportingbet had just been transformed almost beyond recognition by buying www.BetMaker.com in May 2000. The new business was described as "an online and telephone-based sports betting business principally serving the North American market from a base in Costa Rica".
Mr Blandford told shareholders the move was a "step change ... facilitating access to the important and more mature North American sports betting market." After the deal, America accounted for more than half of Sportingbet's registered customers and over 70% of revenues. Sportingbet's monthly number of active customers grew from 702 in June 1999 to 9,598 in 2000.
But the BetMaker deal had brought more than just an online customer base. It also swelled the number of telephone punters using Sportingbet's services. In the six months to September 30 - a period when more than 75% of revenues were from US sports - almost one in three wagers with the group was placed via toll-free telephone lines to call centres in Costa Rica and tax haven Alderney, where Sportingbet had become the biggest employer. Asked about this, Mr McIver said: "That's news to me. I wasn't here [at Sportingbet] at the time."
Sportingbet paperwork clearly states that in early 2001 minimum bets were set at $6 (£3.15) for its US online customers and $50 for the more serious US punters using its telephone services.
A year after the BetMaker deal, Mr Blandford announced a second US-focused acquisition, that of Sportsbook.com. Again there was a step change and this became the group's main website targeting American punters. At that time Sportsbook was rapidly expanding its US telephone betting arm and in the year to March 31 2001, telephone business accounted for 5% of its earnings. Mr McIver insisted these telephone sales were wound down after Sportingbet took control.
The company's history appears to have been forgotten by some analysts who are confident Sportingbet operates quite a different business to that of BetonSports. However, the small print of Sportingbet's float paperwork from 2001 states: "The directors have been advised that it is likely that certain of the group's activities may constitute a violation of certain US federal statutes, including the federal Wire Act and the laws of certain individual states. The penalties for violations of these statutes include the possibility of significant fines and imprisonment of relevant individuals."
Avoiding the US
The paperwork also claims Sportingbet's legal advice was that it would be difficult for directors or the company itself to be prosecuted so long as they did not visit the US. The wording is strikingly similar to that used by BetonSports when it floated on Aim two years ago.
Most legal experts believe grounds for a prosecution under the US Wire Act are clearest in the case of sports betting where telephone, rather than internet, communications can be shown.
While Sportingbet does not have any assets in the US, it has advertised there for many years - on TV and sports radio as well as through sponsorship of sporting events. The group's Sportsbook.com even has a permanent billboard ad in New York's Times Square. Directors, meanwhile, have been regular visitors to the US, conducting a high-profile lobbying campaign to pressure US legislators to license and regulate online gambling operators rather than tightening laws against them. Mr Payne even took out full-page adverts in influential US papers promoting the campaign - and generating a little helpful publicity for Sportingbet along the way.
Mr McIver said all Sportingbet management flew back from Mexico via the US a week before Mr Carruthers' arrest. None has returned since.
Absent BetonSports directors still face arrest
By David Litterick in St Louis
The directors of BetonSports could face arrest warrants for contempt of court if they step foot on US soil after failing to show up for this week's arraignment and injunction hearings, it is understood.
The online gambling company was not represented either in the criminal racketeering and fraud case, or the civil case that seeks to shut down its US operations.
US attorney Catherine Hanaway, who is leading the largest crackdown on internet betting, said the company could also face additional penalties. She said it was rare for anyone to simply ignore a federal prosecution. "They're just doing what they have been doing," she said. "I don't think it's surprising that they would continue to."
The company insists it has not been served with any court documents, although prosecutors say they have faxed them to the company's offices in London and Costa Rica. In court, the government claimed BetonSports had been advised by New York lawyer Steven Cohen of law firm Kronish Lieb Weiner and Hellman, not to appear.
The firm's lawyers are not authorised to appear in court or accept documents on its behalf. However, it is advising the company on a number of matters including jurisdiction.
Mr Cohen specialises in white-collar criminal defence and has defended Napster, as well as numerous Wall Street individuals.
Sam Buell, a Washington University Law School associate professor, said prosecutors could seek fines against the company if they continue to refuse to show up. If the fines built to an "economically significant" level, it could strengthen the government's hand in pursuing the company or its executives, he said.
The case could also become a major battle over the issue of the jurisdiction US courts hold over foreign companies that do business in the US, Mr Buell said.
David Carruthers, the company's fired chief executive, now in jail in St Louis, is expected to be released as soon as his lawyers and prosecutors agree terms of his bail, including securing a $1m bond. His lawyer Tim Evans, said: "Right now, we want to get him out and living in clean sheets and clean clothes."
Doubts cast on BetonSports version of SDS links
By Russell Hotten (The Times)
BETonSPORTS' claim that it severed connections to a firm with alleged Mafia links before its 2004 flotation were undermined last night by fresh admissions from the London-listed company.
A gambling company called Safe Deposit Sports, some of whose staff are suspected of making millions of dollars for New York's Bonanno family, shared offices at BetonSports' headquarters in Costa Rica until May last year.
BetonSports provided "bandwidth" (telephone services) to SDS and both businesses may have used the same UK solicitor. It is also alleged a senior SDS manager had a betonsports.com email address.
Last week BetonSports said: "There is no relationship between BetonSports and this company in our current situation or since going public."
However, in fact, SDS used BetonSports' offices for almost a year after the company floated in June 2004. In May 2005, the US authorities indicted 36 people linked to SDS with running an illegal gambling operation.
Last night BetonSports admitted that it was not until then that SDS staff left the Costa Rica offices. "We sub-let space to SDS and provided bandwidth. When we heard the allegations against SDS we asked them to leave the building," said a spokesman.
David Carruthers, sacked as BetonSports' chief executive last week, appears today in court in St Louis, Missouri, in an attempt to get bail. He was detained in Texas two weeks ago charged with conspiracy and racketeering.
Mr Carruthers, from Bromsgrove, near Birmingham, was arrested at Dallas Fort Worth airport while en route to Costa Rica. BetonSports was accused of abandoning him by sacking him.
However, it is understood the company will honour Mr Carruthers' contract and is fully insured to cover his legal fees, which could run into millions of dollars.
A BetonSports source said last week: "We were advised by lawyers to dismiss David rather than suspend him, which, because we were dealing with the US legal system, was deemed better for both sides." He denied the company abandoned Mr Carruthers.
After an injunction from the US authorities, BetonSports closed its betting website at a cost of about £3m a day. In a separate court hearing today US prosecutors will seek an extension of that injunction.
BetonSports' founder Gary Kaplan is also wanted by the US authorities. His whereabouts are unknown.
Hope for online betting trade-off
By Harry Wallop
BetonSports, the online betting company at the centre of criminal prosecution in the United States, hopes that sacking its chief executive is winning it enough leverage with the Department of Justice to allow it to re-open its website "within a week".
The board, including its three British non-executive directors, is
still meeting in Costa Rica, with much of its energy spent negotiating with the DoJ.
The DoJ last week issued a restraining order stopping the company from taking bets from US citizens. Since then its website has been closed not just to Americans but also to punters logging in from Europe or Asia. However, a source close to the company said: "We're getting our ducks in a row, both legally and commercially. We're going to be back on-line within the next few days, I hope."
His comments came just a day after the company sensationally sacked David Carruthers as he languishes in a Texan jail, a move that has been widely criticised by industry players and lawyers.
How much of the website would be opened is still being negotiated and it is uncertain whether the company will be successful. The 22-charge indictment issued by US attorneys in Missouri lists BetonSports alongside Mr Carruthers and the company's controversial founder, Gary Kaplan. The indictment makes clear BetonSports.com "operated illegally in the US".
However, the company source said: "There is a major matter of
jurisdiction here. Who says the DoJ has jurisdiction over a company that is listed in London, with licences in both Costa Rica and Antigua?" He said one of the options for the company was to ignore the DoJ's restraining order and open the site regardless. "Let's see the DoJ come and try to stop us."
A more likely scenario is that the company will close down its
telephone betting service, unequivocally illegal under the US Wire Act, and possibly some of its sports betting website, but keep up its poker and casino side.
Even if the sacking of Mr Carruthers is enough to win over the DoJ, the move has shocked the industry. A source close to Sportingbet, BetonSports main rival, said: "He's been hung out to dry. It's just extraordinary."
Andrew Brown, a partner at the City firm Herbert Smith and a leading employment lawyer, said: "There is the concept of innocent until proven guilty, which pertains to employment law as much as any other area of law. The fact that he has been sacked after being merely arrested rather than being convicted is very unusual."
Mr Brown urged directors to examine their liability insurance to
check they are covered for being arrested on criminal charges.
Partygaming, the largest online gambling company, said that all its directors were fully indemnified even after they left the company.
Meanwhile, the anti-online gambling movement in the States has received a big setback. The Senate majority leader, Bill Frist, said the Bill that would outlaw transfers of money between banks and betting websites was not a priority. With only a few legislative days left before mid-term elections, the Bill is now likely to go unheard.
BOS Distances Itself From Founders
In a separate statement, the company has moved to distance itself from lurid allegations published in a UK tabloid at the weekend regarding the activities of company representatives at the firm’s headquarters in Costa Rica.
”Some media reports have focused on alleged improper activity occurring at the group’s Costa Rican business premises during VIP parties and other events. All the allegations relate to the time prior to the acquisition of the business by the company and its July 2004 float.“
Elsewhere in the statement, the company further distanced itself from those named in the indictment. ”The board wish to make absolutely clear that none of the founders of the original business has any continuing role within the company. As disclosed in the Aim document, the original founder has a consulting agreement with the company under which his role is non-management related which was an absolute requirement of the board for the float and thereafter.“
The statement then adds that the company is looking at its options going forward.
A spokesperson said no acting chief executive had been appointed and that executive control remained in the hands of the executive directors, including Richard Creed, chief financial officer, and Clive Archer, operations director.
The contact at the end of the statement is newly appointed director of communications Kevin Smith, who going by the contact telephone number given for him is based is St Louis, Missouri.
Costa Rica VP Chinchilla says BETonSPORTS’ Gary Kaplan will not be extradited
"He is protected by the law" Costa Rica Vice President Laura Chinchilla told the Tico newspaper Al Dia, commenting on the arrest warrants issued by the U.S. Department of Justice against Gary Kaplan.
Costa Rica has no law that regulates the sports betting industry, Mrs. Chinchilla said, therefore the government doesn't have legal means to intervene and assist the DoJ. Sports betting is not illegal in Costa Rica. The Tico government imposes an annual tax on the over 750 sports books located in the country, a number of which operate without paying the tax.
Mrs. Chinchilla also revealed that the Costa Rican government had been warned last week that the United States was about to undertake legal action against companies operating in Costa Rica and their executives. The warning was given during a meeting Tico officials had with officers of the Caribbean Financial Action Task Force (GAFIC) last week in San Jose.
Interpol-Costa Rica reported not having received arrest warrants for Gary Kaplan until Wednesday. Gary Kaplan has traveled to and from Costa Rica more of a hundred times during the past few years, Costa Rican Immigration officials told Al Dia. "Gary Kaplan resides in Costa Rica and a warrant has been issued for his arrest." The DoJ said Monday in its press release announcing the Indictments. Kaplan's whereabouts remain unknown.
The Costa Rican OIJ (Organization of Judicial Investigation) Director Mr. Jorge Rojas said that his department ran several investigations for money laundering allegations related to the sports betting industry in the past years. ”Our investigations never found evidence of these alleged crimes“, he said.
Betonsports boss chooses to stay in jail
BBC News Friday, 21 July 2006, 15:16 GMT 16:16 UK
FORT WORTH, Texas (AP) -- The chief executive of BetOnSports PLC, a major online sports-betting operation, remained in custody Friday on racketeering and conspiracy charges after his lawyer asked to postpone a bail hearing.
The hearing for David Carruthers will be held instead in federal district court in St. Louis. No date was set.
US authorities oppose bail for BetonSports chief - Thursday July 20, 2006
· Defence lawyer likens plight to NatWest Three
· Rival Sportingbet's phone service may breach law
Simon Bowers and Andrew Clark in New York
The Guardian
The US government is opposing bail for BetonSports' chief executive, David Carruthers - but his defence lawyer intends to cite the so-called NatWest Three as a precedent for demanding that the British businessman is allowed out of prison.
Mr Carruthers' Texan lawyer, Tim Evans, said last night that the 49-year-old British gaming boss is "upset and concerned" to find himself languishing in a prison cell after being arrested while changing planes at Dallas airport on Monday, accused of illegal gambling and racketeering.
The American authorities have informed the defence team that they consider Mr Carruthers a "flight risk" as a foreign national, and that they want him to remain in custody until his trial, which is likely to be many months away.
However, a Texas judge's rare decision last week to permit bail in the case of three British businessmen accused of an Enron-related fraud is likely to be raised in Fort Worth tomorrow as an argument for more lenient treatment of Mr Carruthers.
In his first public comments on the case, Mr Evans said all the charges would be vigorously denied and he was "optimistic" over the outcome. "In our global society, this case raises big issues - not only about gaming, but other issues as well. So, as a lawyer, it's a very interesting and big case, and it's obviously hugely significant to Mr Carruthers personally."
He added that Mr Carruthers was getting standard treatment on remand, which means he will be required to wear a prison-issue jumpsuit. "He's not being mistreated, neither is he being given any special consideration."
Despite the tough line taken by the American authorities, the Guardian has learned that BetonSports' larger rival, Sportingbet, has been quietly taking bets over the telephone from the US.
Sportingbet, which generates about two-thirds of its £1.5bn revenues from the US, regularly updates investors about the number of American punters using its websites, but makes little or no mention of bets placed by telephone.
Most legal experts believe grounds for a prosecution under the US Wire Act are clearest in the case of sports betting where telephone, rather than internet, communications can be shown.
A Sportingbet spokesman said: "We are an online operator with 99% of our wagers in the US taken via the internet. However, there is a telephone service available to a select number of customers should they experience problems with the internet when trying to place a bet."
Regulatory filings five years ago show the Sportsbook.com website, at the time it was bought by Sportingbet, was rapidly expanding its US telephone betting arm. "Sportsbook's revenue is principally derived from the internet. However, in April 2000, Sportsbook introduced a telephone betting service. This has grown rapidly." In the year to March 31 2001, telephone business accounted for 5% of Sportsbook earnings.
A temporary restraining order placed on BetonSports by a court in Missouri prompted it to shut down its website, although it has not complied with other requirements, which include placing an advert in US newspapers stating that it does not accept American customers.
The US government also insists BetonSports establish a toll-free phone number for customers to call and retrieve money lodged with BetonSports.
Shares in BetonSports continue to be suspended, while Sportingbet fell 1.75p to 180.25p. Sportingbet has lost 44% of its market value since FBI agents arrested Mr Carruthers. The arrest and subsequent indictment of BetonSports, 11 connected individuals, and three connected companies fuelled investor fears of a clampdown on online gambling in the US, particularly on sports betting.
Each of the wire offences in the indictment carries a maximum penalty of five years in jail.
The gamble that misfired for online betting entrepreneurs
By Dominic Kennedy, Dominic Walsh and James Doran
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AS DAVID CARRUTHERS, the ex-Ladbrokes bookie, sat in an American jail yesterday accused over an alleged $4.5 billion (£2.42 billion) illegal gambling racket, he must have wondered why he had been quite so brazen. BetOnSports, which claimed to be the world’s biggest gambling website, seemed to enjoy nothing better than goading US prosecutors.
The arrest of Mr Carruthers, the company’s Scottish chief executive, by FBI and tax agents as he passed through transit at Dallas airport last Sunday is being hailed as the start of a ruthless new clampdown by the authorities on internet gaming. But the moment of impertinence that eventually led to BetOnSports’s problems was lovingly recorded back in 2002 by the St Petersburg Times in Florida: ”Four men stood near a garishly painted motor home parked in front of Raymond James Stadium. It was Sunday, Buccaneers game day.
”They tossed footballs, T-shirts and hats to the throngs of fans walking into the stadium. ‘Action you can bet on!’ said the letters on the side of the motor home. ‘World’s Largest, Legal and Licensed Sports Book.’ Two Tampa police detectives who passed by the display disagreed . . .“
The policemen walked into the mobile home, placed a bet on the American football team, then pulled out their badges and arrested four men taking bets ranging from $25 to $100,000. Mr Carruthers told the newspaper that the bets were completely legal because they were placed via the internet to Costa Rica, BetOnSports’s home, where gambling on sports games is allowed.
”You have a great law in the US,“ he said. ”It’s called free speech.“ He boasted that BetOnSports spent tens of millions of dollars on advertising, including slots on Howard Stern’s radio show.
The four men, working for the Miami company Mobile Promotions, had been hired to advertise and promote the betting site, Mr Carruthers said.Then he made his fateful error. He bragged that he had asked the company to drive another mobile home, emblazoned with the BetOnSports name, to the forthcoming St Louis Rams match against the Seattle Seahawks.
That journey to the Midwest state was a trip into the lion’s den. The US Attorney for the Eastern District of Missouri had just begun a crusade against online gaming. That campaign married old-style temperance zeal with an imaginative use of the legislative armoury. The attorney even employed the Patriot Act, which bans transmitting funds from lawbreaking, to make eBay forfeit $10 million taken by its PayPal service for online gaming companies.
BetOnSports strove to impart an upbeat, cheerful image. Peering under the stone, Missouri prosecutors found hardened veterans of the tough world of illegal gaming.
Gary Kaplan, the man behind the company and a neighbourhood bookie from New York, had been arrested in his home state on gambling charges as long ago as 1993, according to a Grand Jury indictment against him, Mr Carruthers, BetOnSports and others, which was unsealed this week. Mr Kaplan sought the shelter of the island of Aruba in the Dutch Antilles. He established freephone telephone lines and internet websites to take bets from American punters. He moved the business to Costa Rica in 1998. A thuggish, cruel flavour characterised some of the unusual bets he took. Would Bobby Brown, Jean-Claude Van Damme or Dennis Rodman be the first to be arrested for beating his wife? ”I’m a believer in Rodman all the way, so the odds on him were short,“ Mr Kaplan told the Miami Herald. ”Bobby Brown, you think maybe Whitney will keep him in check a little bit, so we put him down at the bottom.“
Ahead of BetOnSports’s flotation in London, he arrived at a meeting with potential City advisers wearing a silver-grey mohair suit, black shirt and snakeskin shoes. To one of the bemused consultants, he bore a remarkable visual resemblance to Joe Pesci’s character in the gangster film GoodFellas. They decided not to represent him.
Mr Kaplan’s hobby is target shooting in a firing range at his tower-block headquarters. He seems nervous of strangers knowing his face, insisting that workers call him Greg Champion or, in front of visitors, just ”G“. So opaque is his history that some believe that he really is called Greg Champion.
The business is kept in the family. His brother, Neil Scott Kaplan (pseudonym ”Scott Kaye“), purchases goods and services; his sister, Lori Beth Kaplan Multz (pseudonym ”Beth Wilson“), arranges advertising.
Gary Kaplan is forever surrounded by bodyguards and is said to carry a handgun. He claimed to have no fear of the FBI. ”They haven’t charged anyone,“ he said, ”since 1998, and I don’t think they will.“
Yet America has been taking an increasingly dim view of online gambling. One theory is that the indictment against BetOnSports aims to promote the anti-gambling lobby’s perception that internet gambling is rife with racketeering, fraud, conspiracy and tax evasion.
Jon Tarasewicz, a leisure analyst at Deutsche Bank’s City arm, suggested that the action may be aimed specifically at the Kaplans and their associates. The family had run physical gambling operations before going offshore and BetOnSports made greater use than rivals of telephone betting, in contravention of the Wire Act in America.
Mr Tarasewicz said: ”If this is not driven by trying to get at the founders and is genuinely the start of an industry clampdown, the timing seems odd, given that politicians have passed legislation through Congress whose whole point is that existing legislation is not robust enough to prosecute anyone.“
Mr Carruthers joined Ladbrokes as a teenager in 1976. He became Mr Kaplan’s chief executive in 2000. Some employees were disgruntled with the Briton’s management style and whistleblowers came forward to help the FBI with its investigation.
If ever shares of BetOnSports resume trading, they are expected to be almost worthless. Investors in the company are considering their legal position over the level of disclosure about its business history in the firm’s flotation prospectus.
The document, prepared by the company’s City adviser, Evolution Securities, then called Evolution Beeson Gregory, made no reference to Gary Kaplan’s colourful past. Nor did it mention that he controlled Boulder Overseas Corporation, the Panama- registered firm floating BetOnSports. The only reference to Mr Kaplan was a single paragraph on page 65 of the 68-page document, revealing that he would be paid $150,000 a year as a consultant.
It emerged this week that Evolution faced tough questioning from London Stock Exchange regulators over Mr Kaplan before the 2004 flotation. The firm had been alerted to his questionable past, continuing consultancy role and 40 per cent shareholding (now reduced to 14 per cent).
Although listing particulars need normally provide background only on board directors, investors believe that they should have been told about Mr Kaplan’s past. ”If he was effectively acting as a shadow director, there should have been greater disclosure,“ one said.
Evolution, however, has rejected the suggestion that it should have disclosed Mr Kaplan’s chequered past, given that he was not a director. ”Did Evolution fulfil their obligations in terms of disclosure? Absolutely,“ a spokesman said.
He added that Evolution had had ”full and open discussions“ with regulators ahead of BetOnSports’s listing on the Alternative Investment Market and that ”they seemed happy with the details provided“.
Investors cannot complain about Evolution’s disclosure of the risks of taking American bets. In nine pages of ”risk factors“, it gives warning that ”sports betting in the US via the telephone or internet are in violation of existing US federal laws“. Evolution adds in the document that there may be ”at least some risk that such liability may extend to shareholders“, especially US citizens, but minority shareholders would be unlikely to face prosecution.
The prospectus suggests that it would be ”difficult . . . for a director to be prosecuted on a criminal charge . . . if he were not physically present in the US. Further, any such director would be unlikely to be successfully prosecuted unless he were a US citizen.“
Mr Carruthers, for one, must be praying that this legal advice turns out to be accurate.
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Net betting firm's float was queried by the LSE
EVOLUTION SECURITIES, the stockbroker that advised BetOnSports on its flotation on the Alternative Investment Market in 2004, was closely questioned by AIM regulators about the online betting company’s suitability as a public company, The Times has learnt.
BetOnSports was indicted in the US on Monday on a range of charges including racketeering and money-laundering, forcing the company to withdraw its ”US-facing“ services.
A spokesman for Evolutionconfirmed yesterday that it had been questioned on BetOnSports’s AIM listing by the regulators. ”They had full and open discussions with AIM and they seemed happy with the details provided,“ he said.
The stockbroker, formerly known as Evolution Beeson Gregory, rejected suggestions that it should have disclosed the chequered past of its fugitive American founder, Gary Kaplan, in the share offer prospectus because he was not a director of BetOnSports but merely a consultant and 44 per cent shareholder.
The spokesman added: ”Did Evolution fulfil their obligations in terms of disclosure? Absolutely.“
The prospectus made clear the regulatory risks of running an internet and telephone betting business that targets Americans, a practice that it admitted was ”in violation of US federal laws“. But the only reference to Mr Kaplan was his appointment as a consultant to BetOnSports’s Antiguan subsidiary for an annual fee of $150,000 (£80,000). It did not mention that Boulder Overseas Corporation, the Panama-registered firm floating BetOnSports, is controlled by Mr Kaplan.
The London Stock Exchange confirmed that it was up to a company’s nominated adviser to decide on the level of disclosure beyond the basic listing requirements, and AIM regulators would become involved only if they had particular concerns. The adviser would then be asked to make extra checks to ensure proper disclosure.
The Times has learnt that at least one other investment bank declined to become involved with BetOnSports’s flotation, because of concerns over Mr Kaplan’s background and the fears that, even after the flotation, he might exert undue influence on the way the company was run.
The US indictment also says that Mr Kaplan, who was first arrested for his gambling activities in 1993, failed to pay excise taxes on more than $3.3 billion of bets.
· Evolution is known for being accident-prone. In November 2004 it was fined £500,000 by the FSA for market abuse after short-selling shares in a quoted shell company, Room Service Group. Last year the broker achieved notoriety with its involvement in Regal Petroleum, a client, for which it raised £44.8 million in a placing just three weeks before the shares collapsed.
No BETonSPORTS deal with US prosecutor
Wed Jul 19, 6:48 AM ET
Online gaming group BETonSPORTS (BSS.L) has not reached a deal with U.S. prosecutors over charges against the company and its chief executive, a source close to the situation said on Wednesday. Shares in online gaming companies had earlier rallied after a gaming news Web site published a report saying the U.S. Department of Justice had reached a deal with BETonSPORTS allowing it to resuming trading by the end of the week. "No deal has been done between BETonSPORTS and the Department of Justice," the source told Reuters.
BETonSPORTS Plc Complying with US Feds If you go to www.betonsports.com, the following appears.
IN LIGHT OF COURT PAPERS FILED IN THE UNITED STATES, THE COMPANY HAS TEMPORARILY SUSPENDED THIS FACILITY PENDING ITS ABILITY TO ASSESS ITS FULL POSITION. DURING THIS PERIOD NO FINANCIAL OR WAGERING TRANSACTIONS CAN BE EXECUTED. FURTHER INFORMATION WILL BE POSTED ONCE THE COMPANY IS IN A POSITION TO DO SO.
The BETonSPORTS.com
customer support team
Guess they are waiting to file an injunction or something?
Morgan Stanley owns BetonSports
The list of owners of major online casinos and poker rooms reads like
a Who's Who of the top investment firms. According to public filings,
tens of millions of shares of SportingBet are owned by Fidelity,
Merrill Lynch and Goldman Sachs. Fidelity Management holds the most
shares of SportingBet with $363 million in stock, or 14.1 percent of
all available stock. Merrill Lynch is next with a $164 million stake
in the company, while Goldman Sachs has $137 million invested.
Goldman Sachs and Morgan Stanley Securities hold large investments in
BetOnSports, another major online player. Morgan Stanley owns the
biggest stake, worth $25.6 million, but the company claims that the
investment is on behalf of one major investor who it refused to
disclose.
Gaming shares tumble as US targets BETonSPORTS Fears of a crackdown on online gambling in the United States knocked 600 million pounds ($1.10 billion) off the value of U.K. gaming stocks on Tuesday after the FBI moved to shut down the U.S. operations of BETonSPORTS.
U.K.-listed stocks in the sector, which lost more than 300 million pounds on Monday, fell again after BETonSPORTS asked that its stock be suspended.
Sportingbet.com Plc (SBT.L) plunged 35 percent, while Partygaming Plc (PRTY.L) fell 17 percent, 888 Plc (888.L) was off 13 percent, and BetandWin.com Interactive Entertainment AG (BWIN.VI) tumbled 24 percent.
Although online gaming is not explicitly illegal in the United States, the U.S. Justice Department has signaled its disapproval, saying it is barred by the U.S. Wire Wager Act.
As a result, online gaming companies have settled offshore in such locations as Antigua and Costa Rica and had been operating freely in the U.S. -- until this week.
"The language used in the Department of Justice release suggests to us there is the possibility that other Internet sports books could be targeted," said leisure analyst Richard Carter at Numis Securities.
BETonSPORTS said it was urgently trying to assess the impact of a temporary restraining order on its business in the U.S., its biggest market.
Defense attorney Tim Evans, who represented Carruthers at a brief court appearance in Fort Worth on Monday, was not immediately available for comment.
"This comes a week after the extradition of the NatWest Three, and a lot of companies will be looking at their travel plans," said leisure analyst Wayne Brown at Altium Securities. He referred to three British bankers extradited to the U.S. last week on fraud charges linked to collapsed energy giant Enron Corp. (Other OTC:ECSPQ).
"It's not just travel," said one U.K. gaming executive who declined to be named. "The U.S. has proved it can get to anyone it wants in the U.K. A lot of executives are feeling very uncomfortable."
British Prime Minister Tony Blair's spokesman declined to comment, when asked if gaming executives could be extradited to the U.S.
BETonSPORTS was among 11 individuals and four corporations facing various charges of racketeering, conspiracy and fraud in the indictment. The founder of BETonSPORTS.com, Gary Kaplan, 47, who lives in Costa Rica, was also charged with 20 felony violations and a warrant was issued for his arrest, according to federal prosecutors.
The indictment was handed down by a grand jury in St. Louis, and prosecutors said they would seek to try the case there. The U.S. Attorney in St. Louis, Catherine Hanaway, was appointed by President George W. Bush last December.
BETonSPORTS or Gary Kaplan Who are they really going after? Read the indictment below. Looks like its G they want, not a company that has been legally formed in the UK and is licensed in Antigua…
Eleven Individuals and Four Corporations Indicted On Racketeering, Conspiracy And Fraud Charges
7/17/2006 5:34:00 PM
To: National and State desks, Legal Reporter
Contact: U.S. Department of Justice, 202-514-2008; Web:
http://www.USDOJ.GOV
WASHINGTON - A federal grand jury in the Eastern District of Missouri has returned a 22-count indictment charging 11 individuals and four corporations on various charges of racketeering, conspiracy and fraud, the Department of Justice announced today. The indictment was returned on June 1, 2006, and unsealed today.
BetonSports PLC, a publicly-traded holding company that owns a number of Internet sportsbooks and casinos, was among the companies charged in the indictment. The founder of BetonSports.com, Gary Stephen Kaplan (G), 47, was charged with 20 felony violations of federal laws including: the Wire Act, Racketeer Influenced and Corrupt Organizations (RICO) Conspiracy, interstate transportation of gambling paraphernalia, interference with the administration of Internal Revenue laws and tax evasion.
Other defendants in the racketeering conspiracy include: Kaplan's siblings, Neil Scott Kaplan and Lori Kaplan Multz; Norman Steinberg; David Carruthers, chief executive officer of BetonSports.com; Peter Wilson, media director for BetonSports.com; and Tim Brown, Steinberg's son-in-law. The three other charged companies, all Florida-based, were Direct Mail Expertise, Inc., DME Global Marketing and Fulfillment Inc. and Mobile Promotions Inc. Also charged are William Hernan Lenis; Monica Lenis and Manny Gustavo Lenis, owners and operators of the Florida companies; and William Hernan Lenis' son, William Luis Lenis.
"Illegal commercial gambling across state and international borders is a crime," said U.S Attorney Catherine L. Hanaway of the Eastern District of Missouri. "Misuse of the Internet to violate the law can ultimately only serve to harm legitimate businesses. This indictment is but one step in a series of actions designed to punish and seize the profits of individuals who disregard federal and state laws."
The indictment alleges that Gary Kaplan started his gambling enterprise via operation of a sportsbook in New York City in the early 1990s. After Kaplan was arrested on New York state gambling charges in May 1993, Kaplan moved his betting operation to Florida and eventually offshore to Costa Rica.
According to the indictment, BetonSports.com, the most visible outgrowth of Kaplan's sports bookmaking enterprise, misleadingly advertised itself as the "World's Largest Legal and Licensed Sportsbook." The indictment also alleges that Kaplan failed to pay federal wagering excise taxes on more than $3.3 billion in wagers taken from the United States and seeks forfeiture of $4.5 billion from Kaplan and his co-defendants, as well as various properties.
The indictment alleges that Gary Kaplan and Norman Steinberg, as the owners and operators of Millennium Sportsbook, Gibraltar Sportsbook, and North American Sports Association, took or caused their employees to take bets from undercover federal agents in St. Louis who used undercover identities to open wagering accounts. The indictment also alleges that Kaplan and Mobile Promotions illegally transported equipment used to place bets and transmit wagering information across state lines and that DME Global Marketing and Fulfillment shipped equipment to Costa Rica from Florida for BetonSports.com.
The racketeering conspiracy alleges that the defendants agreed to conduct an enterprise through a pattern of racketeering acts, including repeated mail fraud, wire fraud, operation of an illegal gambling business and money laundering.
In conjunction with the indictment, the United States has filed a civil complaint in federal court to obtain an order requiring BetonSports PLC to stop taking sports bets from the United States, and to return money held in wagering accounts to account holders in the United States. U.S. District Judge Catherine D. Perry issued the temporary restraining order today. A hearing in the civil case has been requested within 10 days. As authorized by federal statute, the FBI is issuing letters to four telephone companies, instructing them to stop providing phone service to the Internet sportsbooks and casinos operated by BetonSports PLC.
Gary Kaplan resides in Costa Rica and a warrant has been issued for his arrest. Neil Kaplan, 40, is in custody in Ft. Pierce, Florida. Carruthers, 49, a resident of Costa Rica and Bromsgrove, Worcestershire, England, is in custody in Ft. Worth, Texas. William Luis Lenis and Manny Gustavo Lenis are in custody in Miami. Tim Brown was arrested near Philadelphia. Warrants have been issued for the other defendants not currently in custody. The United States will seek extradition of all defendants to St. Louis for prosecution.
The charges are the result of a joint investigation by Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation. The prosecution is being conducted by the Organized Crime and Racketeering Section of the Justice Department's Criminal Division and the U.S. Attorney's Office for the Eastern District of Missouri. The Florida Department of Law Enforcement, the Tampa Police Department, the Jacksonville, Fla. Sheriff's Office, and NFL Security and NCAA Enforcement Office personnel also assisted in the investigation.
The charges set forth in an indictment are merely accusations, and each defendant is presumed innocent until and unless proven guilty
UPDATE 3:30 PM Central Time FORT WORTH, Texas David Carruthers, whom authorities say runs an offshore gambling company that illegally takes bets from U-S residents, was ordered held in custody today until Friday after a brief appearance in federal district court in Fort Worth.
Federal prosecutor Mark Nichols summarized the multi-count indictment in open court, saying that Carruthers and several other people were charged with conspiracy in offering bets on professional and college sports to U.S. residents.
Prosecutors asked that Carruthers be held until he could be sent to Missouri to face charges. Bleil agreed that Carruthers would remain in custody at least until a detention hearing can be held Friday in Fort Worth.
A sealed indictment had been issued in Missouri. Federal Magistrate Judge Charles Bleil ordered the indictment unsealed, but prosecutors declined to make a copy available until they could hold a press conference later today.
When a court officials asked Carruthers if he had read the charges against him, he said no. Tim Evans, an attorney who appeared on Carruthers' behalf, handed him a document, adding, "You won't have time to read it all, of course."
Carruthers spoke only when the judge asked him if he understood the charges. "Yes," he replied.
Evans declined to comment after the hearing, saying he hadn't had time to fully read the indictment. Nichols declined to comment, and referred questions to prosecutors in Missouri, who declined to make the unsealed indictment available.
BETonSPORTS CEO Detention unrelated to online gambling ban Breaking news of BETonSPORTS plc CEO David Carruthers's detention in Miami (Actually Dallas) travelled lighting fast this morning, shocking the entire gaming industry and negatively affecting gaming stocks on the UK Stock Exchange.
TheOnlinewire.com Costa Rica and U.S. sources report that Carruthers' detention is unlikely related to the online gambling ban (HR 4411) approved by the House last week but is more likely related to the federal investigation on BETonSPORTS's former owner Gary Kaplan.
It was known within the industry that Gary Kaplan was under federal investigation for his actions while at the helm of BETonSPORTS before the company went public in 2004. Sources report that federal authorities want to clearly identify possible criminal activities directly related to credit business ran by BETonSPORTS at the time Kaplan was at the helm of the company.
According to the same sources Carruthers' detention is related to the mentioned federal investigation. Investigators believe Carruthers might be in possess of information that could lead to Kaplan's indictment.
Gary Kaplan is rumored to be the real main man behind Igotsportsbook.com, a sportsbook established last year after Kaplan sold his remaining shares in BETonSPORTS.
Carruthers detained by US Feds on stopover Shares of British-based online gaming operators plunged on Monday after BetOnSports said its chief executive was detained while switching flights in the U.S., raising the prospect that American authorities are moving to crack down on overseas Web sites that allow U.S. citizens to bet illegally.
BetOnSports (UK:BSS: news, chart, profile) said its CEO, David Carruthers, was detained by federal authorities while switching flights en route to the Costa Rica, where the company has call centers.
The board of BetOnSports said it was seeking "clarification" on the move.
BetOnSports plunged 20%, and other operators, including FTSE 100 member PartyGaming (UK:PRTY: news, chart, profile) , also dropped sharply.
PartyGaming fell 6%, Sportingbet (UK:SBT: news, chart, profile) dropped nearly 11% and 888 Holding (UK:888: news, chart, profile) dropped 6%.
But the prospects for passage of the bill in the U.S. Senate remain uncertain, and President Bush has only given tepid support, saying he backs it but has unspecified "concerns."
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Commentary
BetonSports David Carruthers unlikely ally, New York State government
The U.S. government has indicted BetonSports and several of its
former key executives including Brooklyn born founder Gary Kaplan and British CEO David Carruthers.
BetonSports has since fired Carruthers, who remains the only
individual still in custody. Carruthers must remain within the confines of an upscale suburban St. Louis hotel room while at all times wearing a tracking device on his ankle. U.S. prosecutors have deemed him a "flight risk".
Carruthers was initially picked up while changing flights in Fort
Worth, Texas. He was later transported to St. Louis where the charges were handed down. St. Louis handles most "tax-related" cases tied in with online gambling. Carruthers is not only accused of tax evasion
but various other charges including money laundering and violation of
an obscure 1962 wire act.
The U.S. government contends that running an online gambling
establishment that caters to its citizens is illegal no matter where
that establishment might be set up. In the case of BetonSports, we
are talking about Costa Rica and the United Kingdom, where the company traded publicly.
But Carruthers had a most unusual bedfellow in the way of a New York
State government agency.
Just three years ago, New York's Metropolitan Transportation Authority (better known as the MTA) accepted a check for $1 million to adorn its city buses with BetonSports advertisements. You couldn't miss them living or working in Manhattan. They were everywhere.
New York Attorney General wasn't happy with the MTA when they entered into an advertising deal with BetonSports, but the MTA still accepted the $1 million check
The MTA represented a government agency that actually conducted
business with an online gambling business and became $1 million
richer as a result. That money, we would assume, got pumped back into
the local economy.
Meanwhile, some U.S. politicians are working to pass a bill that
would make online gambling illegal.
In its first session Tuesday since the August recess, Senate Majority
Leader Bill Frist prioritized the appropriation bills, judicial nominee confirmations and halting Internet gambling as his top issues.
"Internet gambling threatens our families by bringing addictive
behavior right into our living rooms,"
The House of Representatives approved legislation in July updating
the 1961 Wire Act that bans sports wagering over the telephone to
include all forms of online gambling.
The bill would also force banks and credit card companies to refuse
payments to the estimated 2,300 offshore gambling sites located
outside of U.S. jurisdiction.
The Unlawful Internet Gambling Enforcement Act of 2006 (H.R. 4411)
specifically exempts online horse racing and state lotteries from the
legislation.
"We tried to get it done [Senate passage of the bill] before the recess but were unable to get unanimous consent to bring the bill up," Karen Weyforth, a spokesperson for Frist's office, told internetnews.com.
To make room on the jammed Senate calendar, Weyforth said Frist hopes
to bring up the bill for a vote "with very little debate" by limiting the time available for floor discussion of the legislation.
Onlinewire.com reports that BoS database has been stolen
Meanwhile the BETonSPORTS saga hit a new low. The former sports betting giant has been unable to secure customer sensitive data which is now being sold on the black market to other sportsbooks
operations.
Clerks and former management alike are offering customers lists with
full data: names, addresses, balances, recent transactions. BoS
players began reporting being approached by other sportsbooks they never signed up with.
Operations and marketing manager Clive Archer has been unable to
secure BoS customers' sensitive data. Archer, also known as the "last man standing" at BETonSPORTS, recently pointed his fingers to gambling information portals accusing them to "report lies".
Theonlinewire.com obtained proof of this act of theft consumed under
Archer's eyes. TOW received three separate lists from different sources. These lists will be made available to colleagues of the media to substantiate this new scandal within the scandal.
St Louis life: If internet gambling is 'a scourge on society', then
why not casinos?
By David Litterick
As David Carruthers was brought into courtroom 13 South of the Thomas F Eagleton courthouse in St Louis on fraud charges this week, a smartly suited man called Geoff Brammer sat at the back of the public gallery.
Brammer has no direct connection to the case but, as Britain's Deputy
Consul General in Chicago, it is his job to make sure Britons in custody abroad are well cared for and come to no harm. Brammer is fresh off the plane from London where three weeks ago he was given the job of crisis management - looking out for Brits caught up in the Lebanon conflict or the Asian tsunami.
Chicago must have seemed like a plum job at the time but at the rate
the US authorities are locking up British businessmen, one wonders if
he knows what he's got himself into. Soon, he'll be more familiar than most with the inside of courtrooms in the US. St Louis is likely to be just the start. But there are worse places to have to be than this Mid-Western city, which is about as close to the centre of the US as you can get with-out standing in a Kansas cornfield.
Straddling the Mississippi, it was once the frontier of the fledgling nation. It is known abroad, if at all, for its soaring arch on the banks of the river, whose mud-brown waters wind down to a shattered New Orleans and the Gulf of Mexico. The monument was built to commemorate President Thomas Jefferson and his drive to open up the west of the continent. Many of those who embarked on ventures to the Pacific Coast did so from St Louis.
"First in booze, first in shoes, and last in the American League," the wags once said of the city, in reference to its major industries and struggling baseball team. Anheuser-Busch, the brewer of Budweiser, still has its headquarters here, but the once bustling footwear and clothing companies are largely gone.
Once freed - something that should happen this week - Mr Carruthers
can combine two of the three with a visit to Busch Stadium, where the
St Louis Cardinals are again a force to be reckoned with. In his lighter moments, he may even appreciate the irony that if he walks a few blocks away from the court-house where he appeared, he will be free, once again, to gamble.
Despite US Attorney Catherine Hanaway's crackdown on internet
betting, the President Casino is still open for business. A boat afloat on the Mississippi, the President offers three decks of opportunity to lose your money on slot machines, roulette, blackjack or poker.
It's not a classy place, resembling nothing better than the gaudiest of amusement arcades at Blackpool Pleasure Beach. It's also supposedly strictly regulated, although you'd be hard pushed to notice. Punters can visit 22 hours every day and you don't even have to make an effort to get there. The casino lays on free shuttle buses from the suburbs.
As a sop to the religious right, who hold increasing sway in the state (Hanaway was controversially appointed by President Bush after
she ran his election campaign in Missouri) losses are limited -
although only to $500 every two hours. You can still lose more in one
week than the average American earns in a year.
As Anheuser retirees sit downstairs betting their retirement savings on Texas H |