Caesars Las Vegas and the FBI Reach an Agreement on Subpoena Fight
Posted: November 12, 2014
Updated: June 4, 2017
The Federal Bureau of Investigations and Caesars Palace finally managed to resolve the issue regarding the search case of the popular casino.
Nearly a fortnight ago a team of FBI agents tricked their way into three separate luxury villas of the Caesars Palace in Las Vegas to crack down on an illegal sports betting ring. As part of their undercover guise they entered the hotel as internet technicians and later arrested a total of eight men who they were suspecting of having facilitated illegal mobile betting services in the US.
However, the problem with this is that the government agency did not have a warrant for the sting operation which resulted in a court battle between them and the popular Caesars Palace. A federal judge in Nevada heard arguments from both parties, however after a heated discussion between the two they managed to come to an understanding on the matter.
Caesars lawyers wanted to quash the subpoena
• The FBI agents impersonated internet repairmen as part of the operation
• A total of eight men were arrested in the process
• Caesars handed over all the emails and money records to the prosecutors
The case was presented to the US District Court in Las Vegas, however the arguments didn’t open up the discussion of submitting evidence that the FBI agents tricked their way into the villas impersonating repair technicians. Caesars representatives in the court aimed to quash a subpoena requiring the handing over of email and business records that defense attorneys were adamant would show the agency violating the defendants’ Fourth Amendment.
Additionally, parallels can be drawn with US gambling laws that suggest people engaging in illegal online gambling activities must be presented with a warrant before any further actions can be taken against them. US Magistrate Judge, Peggy Leen, considered arguments presented by both sides for around 40 and then came to the decision that she won’t be quashing the subpoena. The representatives then took it upon themselves to reach a deal between them.
Attorney that represented Caesars Palace, Vincent Savarese, stated that they have come to a conclusion that involved a “narrow scope” of disclosures. While David Chesnoff, who served as the main attorney for the lead defendant Wei Seng Phua, stated that by getting the necessary document they’ll “be able to pursue the truth.” Although both of the parties agreed on the disclosing the details between them, they did not release any information to the public.
Defense attorney pleaded a strong for Caesars Palace
Thomas Goldstein, the defense attorney, pointed out to the judge that they believe that emails and records will show Caesars officials were “centrally involved” with various federal investigators and prosecutors trying to crack the case. They were attempting to find sufficient probable cause to obtain the important search warrant against Wei Seng Phua, who has been charged with facilitating illegal internet betting in the US.
Goldstein highlighted that it is not just to simply view the popular Las Vegas casino as an innocent bystander but rather that the evidence should suggest if they were involved in the matter and to what degree. “It’s not the case that Caesars is innocently involved and just a third party. We need records that show their participation and what happened in the searches… (and) if staff was directly involved in the process.”
Monica Pinciak, a highly esteemed lawyer, was tasked with also speaking on behalf of Caesars Palace. She indicated that the reputable casino firm had nothing to hide, as they had already handed over all the records and money transfer details pertaining to the case. She likened the subpoena to a “fishing expedition” for emails and materials that could potentially be used against the gaming establishment and huts the business operations in the future.
However when Judge Leen posed the question if business records involved emails as well, Pinciak blatantly replied no. She lamented that the investigators seek for anything that will help them in their civil suit battle against Caesars. “They want anything and everything, to fish for unknown evidence to use in this case or their threatened civil suit against Caesars.
As US laws dictate, a person must be willing to give up on their constitutional rights and protections against irrational probes unless of course the proper authorities and government agencies present a valid warrant. Any evidence that is gathered in such a manner without a warrant cannot be submitted to the court for serious consideration.