Having BetonSports Testify May Help Kaplan, Co-Defendants

Lawyers for Gary Kaplan, founder of BetonSports PLC, may be banking on testimony from the company and its board of directors to help their client's case.

BetonSports shut down in July 2006 following a series of indictments against Kaplan, then CEO David Carruthers and several other "co-conspirators".  Carruthers, a British citizen, had been apprehended while changing flights in Fort Worth, Texas.  He remains under house arrest awaiting trial. 

Kaplan was captured in the Dominican Republic in March.

But while an attorney for BetonSports insists to Gambling911.com members of the Board of Directors will not be appearing in a St. Louis court to testify against Kaplan and others, those close to the BetonSports matter simply do not buy this concept.

"BetonSports plea agreement is that there will be full document disclosure and testimony," says a source close to the situation.  "Who then if it's not the board of directors is going to speak on the company's behalf."

Kaplan is rumored to have some of the best attorneys in the country including famed attorney Benjamin Brafman, who right now is sitting on the sidelines but may be called upon in the event of a trial. 

"Kaplan's attorneys will question why those running the company at the time of the indictment are not standing trial and the person who was no longer involved with the company at that time is," says our source. 

Attorneys for Kaplan believe that any testimony offered up by company officials will demonstrate that their client was gone very soon after BetonSports was taken public, Gambling911.com has learned.  Neil Kaplan, the co-founder's brother and another named defendant in the matter, is said to have left the company very soon after an investigation was begun. 

Sources close to Gambling911.com believe that Kaplan will be out on bail shortly but will have to wear an ankle tracking device.  His wife has been shopping for homes in the St. Louis area where Gary will remain awaiting trial. 

David Carruthers has plead "Not Guilty" and has asked his fellow colleagues in the online gambling community and the European Union for support.

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Christopher Costigan, Gambling911.com

Originally published June 4, 2007 1:50 pm ET