Two payment processors who were indicted on Black Friday last year failed in their attempt to have their cases dismissed in federal court this week.
The defendants, a former Utah banker named John Campos, and an e-processor named Chad Elie unsuccessfully argued that poker is not gambling and that therefore the charges against them should be dismissed.
In an eight page opinion, Judge Lewis Kaplan wrote: “Defendants’ argument that poker is not gambling fails, at least at this stage."
The move should not be considered a surprise by the defendants, who were told late last year by Judge Kaplan that it would be “extraordinarily unlikely that the entire indictment will be dismissed.”
The government has charged the men with eight counts of violating the Illegal Gambling Business Act, and the duo will face trial next month. Six men who were indicted along with Campos and Elie have already plead guilty in the case.
Early last year the United States Department of Justice indicted eleven men and filed a $3 billion lawsuit against major online poker companies Absolute Poker, PokerStars, and Full Tilt Poker. The lawsuits have handed the companies some large setbacks, with Full Tilt Poker crippled by the indictment and seizure of its web domain.