Online Gambling "Prohibition" Hits Snag: US Required to Respond by 21st

iMEGA Responds, Contests US DoJ Dismissal Motion in UIEGA Challenge
Association legal team demonstrates our case for standing and
potential harm to our members through bad law.

Today, in accordance with the deadline set by Judge Mary L. Cooper,
iMEGA's legal team filed its brief with the US District Court in New
Jersey (Trenton division), in response to a US Dept. of Justice
motion to dismiss our complaint against the Unlawful Internet
Gambling Enforcement Act (UIGEA).

The defendants' (US DoJ, Federal Trade Commission and Federal
Reserve) contend that iMEGA does not have requisite standing to bring
our complaint versus UIGEA, and, given that the rules and regulations
for the new law have not yet been created, that the law is "unripe"
for this kind of challenge.

In the response brief, iMEGA's attorneys provided ample precedent for
both our standing as a trade association acting on the behalf of our
members, and for the potential jeopardy of prosecution the new law
puts some of our members in. They contend that it is not necessary to
wait for one of our members to be prosecuted before the law may be
scrutinized by the courts.

The brief also highlights the heretofore unexamined jeopardy that
affiliate marketers who live and operate in the US may be in due to
UIGEA.

Next up: the defendants have until Sept. 21 to respond to iMEGA's
request of the Court for a temporary restraining order, preventing
UIGEA from being enforced before our complaint can be properly heard
by Judge Cooper.

You can read the Plaintiff's Response to the Defendant's Motion to Dismiss Here

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Gambling911.com News Wire

Originally published September 10, 2007 8:56 pm ET