Par with the ever increasing new events unfolding in the case of Black Friday, a claim was filed by the Commonwealth of Kentucky, on behalf of J. Michael Brown, Secretary of the Justice and Public Safety Cabinet ("the Commonwealth"). On September 30th, 2011, the Commonwealth filed a Verified Claim and Statement of Interest or Right in Property Subject to Forfeiture in Rem in the U.S. District Court of the Southern District of New York.
The Commonwealth claims interest in "all right, title, and interest in the following Internet domain names: pokerstars.com, fulltiltpoker.com, absolutepoker.com, and ultimatebet.com." The claim demands "the proceeds from any sale or disposition of said domain names."
The Commonwealth has tried to take control of Online Gaming through a 'takeover and ban' process that began in September of 2008. The road to the Commonwealth controlling online gaming has been long, each attempt thwarted or delayed, until one more opportunity arrived for the Commonwealth to create more attention and take on the Department of Justice and the online poker sites – Black Friday!
The 2008 forfeiture action reason for the attempted seizure by the Commonwealth was "by reason of its having been victimized, both in its capacity as a sovereign state and in its parens patriae capacity with statutory authority on behalf of its citizens, by Defendants' actions, including those actions as pleaded in the Amended Complaint filed herein by the United States, and as pleaded in the Kentucky Forfeiture Action."
Kentucky is requesting a statement of interest in the September 30th claim:
- Reinstatement of its rightful interest in the aforesaid defendant property
- That it be allowed to defend the instant forfeiture action;
- That the domain names be ordered restored and released to the commonwealth; and
- That the commonwealth be awarded such other and further relief as the court may deem just.
Read the full claim at Dockets.Justia.com.