Lawyers representing Howard Lederer, Chris “Jesus” Ferguson and Rafe Furst have requested a conference in light of the recent ruling that poker is a skill game.
Earlier this month NY federal judge Jack Weinstein overturned an indictment against Lawrence Dicristina for running a poker game and declared poker exempt from the Illegal Gambling Business Act.
If a conference is held the defense will likely make the argument that if poker does not constitute illegal gambling than the charges should be dropped or put on hold.
“How the government approaches a potential amended complaint, and how the defendants approach moving for its dismissal, are both matters which can be more efficiently handled if the parties have an opportunity to make the Court aware of their plans and views in light of DiCristina,” an attorney for Lederer wrote in the request.
Lederer, Ferguson and Furst, all alleged owners of Full Tilt Poker, were all named in the amended civil complaint connected to Black Friday.
District Attorney Bahara Wants to Deny Request
The Department of Justice has already moved to dismiss the defense’s request for a conference.
U.S. District Attorney Preet Bahara wrote to Judge Leonard Sand to argue that the skill-game ruling does not affect the Lederer case. Bahara has been a central figure in prosecutions against online poker.
You can view the complete request from Lederer’s lawyer here.