When it comes to laws regarding Internet gaming and poker, there has never been an attempt to prosecute any violators. Even the state of Washington, with the most draconian laws there are, has yet to arrest, try and convict someone of what the state considers a felony equal to that of child molesting – even though many have tried to get arrested. The federal courts in Kansas City, however, could be making the first steps in the prosecution of a case regarding online gaming and poker.
Last week, Tom Cascone (the owner of a popular local restaurant), Dominic Cervello and an unidentified third man, were sent to jail on contempt of court charges in the Federal Court of the Western District of Missouri in Kansas City. The trio have refused to testify before a grand jury in the court regarding a subject that, to this point, had not been disclosed. Local newspapers such as the Kansas City Star and television stations such as KMBC, after discussions with Cascone’s family, have found out that the case is about internet gaming and poker.
According to media reports, the beginning of the case goes back to March of this year. On March 31st, several homes, supposedly belonging to people tied into multiple previous investigations of organized crime from previous years in Kansas City, were raided by police allegedly investigating Internet gaming around the city. Although Cascone’s home was not one of the homes raided, he was called in to testify in the case as a witness, as he allegedly knew some of the people under question.
In July, Cascone, Cervello, and the unnamed third person were called in front of a grand jury to testify in the case and all three refused. The prosecution offered up immunity from prosecution to the trio, which was accepted, and they returned to court last week to begin what was thought to be their testimony in the case. Once on the stand, however, Cascone, Cervello, and the third party again refused to testify and were held in contempt of court by the unidentified judge overseeing the proceedings.
Unless they testify at the grand jury hearing, the trio could sit as long as 18 months in jail. There is the possibility of an earlier release if the grand jury completes its investigation into the shadowy charges or the grand jury’s term expires. The U. S. Attorney’s Office, through a spokesman, refused to answer questions from Kansas City media and the only reason that Cascone and Cervello’s names were exposed was because they requested public hearings.
Interactive Media Entertainment and Gaming Association (iMEGA) Chairman Joe Brennan told Poker News Daily that he believes the issue is a local one and not related to other internet gaming cases. In June, the Southern District of New York seized over $30 million in online poker players’ funds from banks in California.
Previous court attempts to stop online gaming and poker have gone after the providers rather than the citizens. The now infamous case in Kentucky, where Governor Steve Beshear attempted to seize online gaming domain names, is currently on its way to the state’s Supreme Court. Minnesota, who attempted to force Internet Service Providers (ISPs) to block gaming domains from access, dropped their challenges after legal action from the Poker Players Alliance and iMEGA. The case in Kansas City looks to be the first time that the U. S. Attorneys Office has brought a case to a federal court regarding online gaming and poker.
