On Friday, attorneys for the Commonwealth of Kentucky responded to the Interactive Media Entertainment and Gaming Association (iMEGA). The organization had filed a motion to intervene on behalf of 141 internet gambling domain names that could be forfeited if legal action taken by the State is successful.
Court documents filed by iMEGA read in part, “iMEGA seeks to intervene in order to move that this Court address all of the jurisdictional and constitutional issues in this case. These issues are numerous and substantial, as appellate courts of this state have recognized. As ground for this motion, iMEGA asserts that this action is without basis in Kentucky law and that this Court is without subject matter jurisdiction to proceed.” The trade organization added that it sought to avert a court hearing scheduled for Monday.
iMEGA’s legal counsel attached a proposed order to the filing and asserted that it held standing in the case because one of its members, TruePoker.com owners Yatahay Limited, was targeted. To prove that Yatahay Limited is an iMEGA member, the organization submitted three affidavits, one from iMEGA Chairman Joe Brennan, one from Network Solutions’ Natalie Sterling, and one from Matthew Bartlett of Yatahay.
Also to claim standing, iMEGA explained, “In this action, iMEGA will raise statutory and constitutional issues that apply in any case involving the effort to seize any domain name under… the Kentucky Penal Code. The individual participation of iMEGA members is not required. In fact, iMEGA’s representation of its members serves goals of judicial economy.”
Kentucky’s attorneys reminded the Court that issues of the validity of Yatahay’s affidavits were brought up in preceding hearings. Moreover, the legal counsel maintained, “iMEGA’s current motion is yet another attempt to skip important procedural steps… The issue may not be decided until the Commonwealth has had a reasonable opportunity to conduct reasonable discovery on the issue.”
As to iMEGA’s rights to defend the URLs in jeopardy, Kentucky’s lawyers noted, “There is no indication of how many members support iMEGA’s positions on the litigation or how the decision to support iMEGA’s position was made.” The Commonwealth continually questioned Yatahay’s interest in the case and cast doubt on Bartlett’s association with the company.
In November, Commonwealth attorneys proposed splitting up the 141 domain names in question, with the first batch consisting of playersonly.com, sportsbook.com, sportsinteraction.com, mysportsbook.com, and linesmaker.com. Two months prior, the Kentucky Supreme Court returned the case to the trial court level due to questions of standing.
The domain names were originally seized two years ago in a way that iMEGA claimed violated due process. The case now returns to Judge Thomas Wingate, who upheld the State’s seizure back in 2008. iMEGA sought the intervention of the Kentucky Court of Appeals, which ruled in January 2009 that the Commonwealth did not have jurisdiction to act. The case then made its way to the Kentucky Supreme Court. If the State were successful, the 141 internet gambling domain names, including those belonging to major online poker sites PokerStars and Full Tilt, could be inaccessible worldwide.
Kentucky attorneys summarized, “Once an owner is identified as a matter of fact, should the owner wish to appoint a duly authorized representative to appear on its behalf, the Court may consider the issue of representation standing in an in rem action at that time. However, until the factual issue of ownership is determined, issues of standing are premature and not properly before the court.” What will happen next in this roller coaster of a case is anyone’s guess.
Kentucky Justice and Public Safety Cabinet Secretary J. Michael Brown is serving as the Plaintiff in the case, which is numbered 08-CI-1409. Stay tuned to Poker News Daily for the latest developments.
