Warrants in Online Poker Funds Seizure Case May Be Unsealed Today

Today, attorneys for Costigan Media, parent company of Gambling 911.com, will present their case as part of a hearing. The company seeks to unseal warrants and affidavits used to seize over $30 million in online poker player funds. 

The US Attorney’s Office in the Southern District of New York instructed three banks – Citibank, Goldwater Bank, and Alliance Bank of Arizona – to freeze accounts linked with online poker rooms on June 3rd and on June 24th a second seizure warrant was issued to Union Bank out of California. The office has ordered for the documents to be sealed, but Costigan Media declares its First Amendment right to publish the content within these documents. In each case, Dana Conte, an FBI Special Agent, swore to the affidavits.

On July 22nd, The US government filed a brief stating, “No court in the Second Circuit has held that there is a First Amendment qualified right to access seized warrant affidavits while an investigation is ongoing.”And in a section entitled “Law enforcement concerns justify keeping the seizure warrant affidavits sealed,” U.S. attorneys explain, “Unsealing the Conte Warrant Affidavits would interfere with an ongoing criminal investigation and the Government’s ability to identify and seize forfeitable assets.” It fails to mention when a criminal investigation will be concluded and what its scope is.

Two days later attorneys for Costigan Media filed a rebuttal brief claiming that motions to unseal documents had taken place after a warrant was implemented, but before a criminal investigation had been brought together. Its attorneys cited United States v. Cabal, a case in which the court “held that a presumption of access applied to warrant applications even while the investigation was still continuing.” (Source: Poker News Daily)

Full House B says: I can’t wait to hear to verdict in this case. Thankfully, if Costigan Media is granted its First Amendment right to unseal the documents, the truth will be shown to the public. What do you all think about all of this?