BetonSports Founder Gary Kaplan Being Treated Like a Captive AnimalDetention order also contains a lot of facts irrelevant to the determination of detention, say attorneys
A judge has made public the Detention Order for one Gary Kaplan, the founder of BetonSports.com.
Kaplan was apprehended earlier this year in the Dominican Republic following his indictment on racketeering and tax evasion (among other charges) last July for his involvement in BetonSports.com (the company itself also indicted and forced to shut down). That company's former CEO, David Carruthers, is being held under house arrest outside of St. Louis. Both Kaplan and David Carruthers are considered as "flight risks" by prosecutors.
"At first thought it (the Detention Order) must be under seal due to the ridiculous contents," said an attorney close to this matter who wished not to be named. "Much to my horror the judge has made it public."
Gambling911.com has obtained a copy of the Detention Order, which among other things that Mr. Kaplan suffered from depression, anxiety attacks and attended Narcotics Anonymous, information not relevant to the order.
The Detention Order mentions that the defendant suffers from a herniated disk, a broken clavicle and ulcers, which is believed to have contributed to his other ailments and reliance on pain medication.
"He is currently being denied medication and a diet suitable for the conditions she mentions and he's in a 30 person facility with no special units."
But then the order gets real ugly, going into lurid details about Kaplan hitting rock bottom as a result of his pain and distress.
"This Detention Order contains a lot of facts irrelevant to the determination of detention. They are undoubtedly included to make Gary look bad. There is an on-purpose effort here to discredit him in the industry and embarrass him personally and to his children which is also part of trying to break him physically and mentally."
BetonSports was once considered the largest online sports betting operation employing over 1000 people
The Order also mentions arrests and only two "minor" convictions that occurred during Kaplan's youth. Legal experts have already suggested to Gambling911.com that Gary's past record (his last conviction nearly 15 years ago on a Class A misdemeanor of promoting gambling) would not be enough to classify the defendant as a "Second Time Offender" for anything. Second time offenders typically are given longer sentences.
One of the charges - Racketeering Conspiracy - carries a maximum imprisonment of 20 years. With all charges added together (including mail fraud, tax evasion, violation of a 1962 Wire Act, among others), Kaplan can be looking at an 83 year sentence.
The order goes further to compare David Carruthers with Gary Kaplan, stating that Carruthers "has none of the serious factors favoring detention that Kaplan has" even though Carruthers remains under house detention. Mentioned is a "history of drug use" the conflicts with a previous notation that Gary Kaplan only slid into "hard core" drug usage over a two week period. Also mentioned is his "criminal history". Arrests are never factored into a criminal history unless convictions have been handed down and, in the case of the defendant, only two minor convictions occurring over 15 years ago have been detailed in the order.
Judge Mary Anne L. Medler's court order also points to Kaplan's heavy use of aliases and access to substantial wealth.
"This order disgusts me and is so far out of line on information included, while keeping all of the sources of that information properly under seal, that it warrants a complaint for judicial misconduct," the attorney told Gambling911.com.
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Christopher Costigan, Gambling911.com
Originally published June 14, 2007 12:12 pm ET
