Lawyers for BetonSports fail to show up for hearing

Lawyers representing online gambling firm BetonSports were a "no show" Monday for a hearing that stemmed from an indictment handed down exactly two weeks ago.

Federal prosecutors said BetonSports had been served with the appropriate paperwork, including papers given to former BetOnSports CEO David Carruthers upon his arrest in Texas. 

The St. Louis Post-Dispatch reported early Monday that lawyers for BetonSports might not show up for the hearing and in fact they failed to do so. 

An industry insider who said his job was at risk if he publicly identified himself said that executives at BetOnSports have discussed ignoring federal prosecutors' biggest effort in years to shut down offshore gambling and sports betting, according to the Post-Dispatch.

The U.S. Attorney’s office is researching what sanctions will be requested against the company.

U.S. Attorney Catherine Hanaway was not surprised by BetonSports failure to show.

"They have not had any regard for the law.  And to not appear would be a further step along that same path."

BetonSports PLC current Board of Directors could be further charged since the indictment lodged against the company extended to April of this year.  The company's Board of Directors have claimed they were not active during the time of cited complaints.  All were actively involved with the company at some point during the investigation however. 

Also missing early in the day - but not by choice - was fired CEO David Carruthers.  Authorities were having a difficult time transferring Mr. Carruthers from his penal institution in Fort Worth Texas to the Federal Courthouse in St. Louis. 

Carruthers pleaded "Not Guilty" later Monday upon his late arrival in St. Louis.  His lawyers were negotiating a release that would likely restrict his travels.  For the time being, Carruthers would remain in federal custody. 

All of the other criminal defendants pleaded not guilty either in person or through lawyers, including one other company, DME Global Marketing & Fulfillment Inc.

A lawyer for DME said lawyers or representatives of two other companies that had been charged, Direct Mail Expertise Inc. and Mobil Promotions Inc., were unlikely to show up because the companies had gone out of business.

"Then we’ll just have to take you into custody," U.S. Magistrate Judge Mary Ann Medler joked.

Direct Mail Expertise Inc. and Mobil Promotions Inc. were owned by the same individuals who operated DME, all of whom plead not guilty today.

The companies and employees have been charged in federal court in St. Louis with a 22-count indictment that alleges that BetOnSports allowed U.S. gamblers to bet and gamble billions of dollars even though the company knew it was illegal.

DME Global and the other companies are accused of providing advertising and promotional services and helping sign up customers.

Entering not guilty pleas before Judge Medler were BetonSports founder Gary Kaplan's brother and sister, Neil Kaplan and Lori Kaplan-Multz.  Also entering not guilty pleas were Tim Brown, William H. Lenis, William L. Lenis, Manny Lenis and Monica Lenis. All have been free on bond.

Neither of the Kaplan siblings nor Tim Brown have previous arrest records.  Some of those named in the indictments have not yet turned themselves in.  Gary Kaplan is unlikely to, having decided a number of years ago not to travel to the United States again. 

The BetonSports indictments occurred just over a month after other indictments were handed down against two principals of an offshore phone wagering operation, World Wide Tele Sports.  That company was later merged into BetCorp, which like BetonSports, trades on the London Stock Exchange. 

Jessica Davis Hewitt and Bill Scott were charged in May with racketeering.  Hewitt resigned from BetCorp on "good terms" immediately following the indictment that was handed down while she had been attending a Global Gaming Conference in Montreal on behalf of BetCorp.  Davis Hewitt had served over 11 years with the company.

For BetCorp, it's business as usual though the company made a decision to no longer accept phone wagers from the US immediately following David Carruthers capture in the US.

Like with BetonSports, none of the current BetCorp Board of Directors have been charged with any crimes, which has led many industry observers to speculate what other motives BetonSports might have for shutting down their operation. 

"The situation is nearly identical," said one industry observer.  "The only difference is BetCorp did the right thing and continued to operate.  The only company named in the indictment related to BetonSports was BetonSports itself.  That company could have continued to operate its other branding concepts under the management of its current Board of Directors, none of whom were charged.  They could have transferred all accounts to those other gambling operations if the concern relates to charges directed specifically at BetonSports."

Though the investigation referenced a period leading right up to April of this year, the BetonSports case was begun in January of 2002.

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Christopher Costigan, www.gambling911.com

Originally published July 31, 2006 6:38 pm EDT