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=d REFERENCE from Jay Cohen Appeal...Serious Implications
http://www.osga.com/Cohen.htm
-U.S. government doesn't draw a distinction between making a bet on the Internet and calling a bookie, and the law might be on their side.
''It may not make a difference whether the server was located in Antigua, because the federal anti-gambling law in question applies broadly,'' said Jim Halpert, a Washington, D.C., lawyer familiar with Internet law. ''Typically, the fact that a site is doing business with consumers in a jurisdiction is sufficient to establish jurisdiction in the state where the consumer is located.''
-Jay's lawyer Ben Brafman, Brafman & Ross, P.C., 767 Third Ave., 26th Floor, NY, NY 10017.
-Jay's Judge orig trial Honorable Thomas P. Griesa, United States District Judge, Southern District of New York, United States District Courthouse, 500 Pearl Street, NY, NY 10007.
http://www.usdoj.gov/criminal/cybercrime/cohen.htm
-MARY JO WHITE, the United States Attorney for the Southern District of New York, announced that JAY COHEN was convicted today in Manhattan federal court after a two-week trial of operating a sports betting business that illegally accepted bets and wagers on sporting events from Americans over the Internet and telephones. COHEN was convicted of conspiracy to violate the Wire Wager Act and seven substantive violations of the Wire Wager Act in connection with his operation of World Sports Exchange ("WSE").
-COHEN solicited Americans to call WSE through the use of toll-free 800 telephone numbers, and to contact WSE via WSE’s Internet website. The Wire Wager Act makes it a crime to, among other things, use telephone lines in interstate or foreign commerce for the placement of sportsbets, or for the transmission of information assisting in the placing of bets on sporting events and contests
-COHEN, 33, originally from Woodmere, New York, lives in San Francisco, California Assistant United States Attorneys JOSEPH V. DE MARCO and TERESA A. PESCE are in charge of the prosecution
http://www.igamingnews.com/jaycohen_fairtrial.cfm
Mark Balestra, Editor Interactive Gaming News:
-I got to know Jay Cohen a little bit throughout the two weeks of the trial. One of the things that I share with him is the belief that the U.S. justice system is fair and is right. Having said that, I don't think anyone could rationally argue that the system is perfect.
-The verdict hinged on the interpretation of the Wire Act, and the judge ruled that Cohen's alleged activities were illegal.
-It was quite obvious that Judge Griesa was not going to budge on his rulings, yet he consistently allowed Brafman to argue his points well beyond clarity. I perceived the judge's tolerance to be an intended opportunity, in light of the fact that Cohen had no chance of acquittal, for Brafman to lay a solid foundation for an appeal. Perhaps the strongest evidence of this was when the judge told Brafman just before deliberation, "You may very well win in the court of appeals, but I have ruled against you," as if to grant the defendant some leverage.
dictionary:
jurisdiction (j¢r´îs-dîk´shen) noun
1. Law. The right and power to interpret and apply the law: courts having jurisdiction in this district.
2. a. Authority or control: islands under U.S. jurisdiction; a bureau with jurisdiction over Native American affairs. b. The extent of authority or control: a family matter beyond the school's jurisdiction.
3. The territorial range of authority or control.
http://www.osga.com/Cohen.htm
-U.S. government doesn't draw a distinction between making a bet on the Internet and calling a bookie, and the law might be on their side.
''It may not make a difference whether the server was located in Antigua, because the federal anti-gambling law in question applies broadly,'' said Jim Halpert, a Washington, D.C., lawyer familiar with Internet law. ''Typically, the fact that a site is doing business with consumers in a jurisdiction is sufficient to establish jurisdiction in the state where the consumer is located.''
-Jay's lawyer Ben Brafman, Brafman & Ross, P.C., 767 Third Ave., 26th Floor, NY, NY 10017.
-Jay's Judge orig trial Honorable Thomas P. Griesa, United States District Judge, Southern District of New York, United States District Courthouse, 500 Pearl Street, NY, NY 10007.
http://www.usdoj.gov/criminal/cybercrime/cohen.htm
-MARY JO WHITE, the United States Attorney for the Southern District of New York, announced that JAY COHEN was convicted today in Manhattan federal court after a two-week trial of operating a sports betting business that illegally accepted bets and wagers on sporting events from Americans over the Internet and telephones. COHEN was convicted of conspiracy to violate the Wire Wager Act and seven substantive violations of the Wire Wager Act in connection with his operation of World Sports Exchange ("WSE").
-COHEN solicited Americans to call WSE through the use of toll-free 800 telephone numbers, and to contact WSE via WSE’s Internet website. The Wire Wager Act makes it a crime to, among other things, use telephone lines in interstate or foreign commerce for the placement of sportsbets, or for the transmission of information assisting in the placing of bets on sporting events and contests
-COHEN, 33, originally from Woodmere, New York, lives in San Francisco, California Assistant United States Attorneys JOSEPH V. DE MARCO and TERESA A. PESCE are in charge of the prosecution
http://www.igamingnews.com/jaycohen_fairtrial.cfm
Mark Balestra, Editor Interactive Gaming News:
-I got to know Jay Cohen a little bit throughout the two weeks of the trial. One of the things that I share with him is the belief that the U.S. justice system is fair and is right. Having said that, I don't think anyone could rationally argue that the system is perfect.
-The verdict hinged on the interpretation of the Wire Act, and the judge ruled that Cohen's alleged activities were illegal.
-It was quite obvious that Judge Griesa was not going to budge on his rulings, yet he consistently allowed Brafman to argue his points well beyond clarity. I perceived the judge's tolerance to be an intended opportunity, in light of the fact that Cohen had no chance of acquittal, for Brafman to lay a solid foundation for an appeal. Perhaps the strongest evidence of this was when the judge told Brafman just before deliberation, "You may very well win in the court of appeals, but I have ruled against you," as if to grant the defendant some leverage.
dictionary:
jurisdiction (j¢r´îs-dîk´shen) noun
1. Law. The right and power to interpret and apply the law: courts having jurisdiction in this district.
2. a. Authority or control: islands under U.S. jurisdiction; a bureau with jurisdiction over Native American affairs. b. The extent of authority or control: a family matter beyond the school's jurisdiction.
3. The territorial range of authority or control.