iMEGA to challenge dismissal of lawsuit against UIGEA
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The Interactive Media Entertainment & Gaming Association filed notice that it plans to challenge the dismissal of its lawsuit against the Unlawful Internet Gambling Enforcement Act in the United States.
iMEGA has said that the UIGEA infringes upon basic constitutional rights and that criminalization of financial transactions can be illegal in some instances.
According to pokerpages.com:
Earlier this month, though Judge Mary L. Cooper of the U.S. District Court for the District of New Jersey dismissed the overall case, she countered a major government challenge to iMEGA’s suit by ruling that iMEGA did indeed have “legal standing” to pursue challenging UIGEA further, which was a strategic victory (click here for related article).
Commenting on important elements within the ruling, Eric M. Bernstein, Esq., attorney for iMEGA noted that “Judge Cooper’s ruling holds that, even with the passage of UIGEA, online gambling is only illegal in states where a statute specifically says it is.” Joe Brennan Jr., the chairman of iMEGA noted another significant aspect of the ruling, saying, “Judge Cooper found that banks, credit card companies and other payment system instruments are exempt from criminal sanctions under UIGEA, significantly undercutting UIGEA’s enforcement mechanism. Her ruling echoes the growing consensus of opinion that UIGEA is a fundamentally flawed statute.”
iMEGA’s recent filing is only the first step in the appeals process for its case against the UIGEA.
