Prosecutors in Phua Case Plead for Evidence to be Reinstated

9 years ago
Prosecutors in Phua Case Plead for Evidence to be Reinstated
22:23
18 Feb

Federal prosecutors have found themselves cornered after the Magistrate Judge deemed that the evidence gathered against the father-son duo of Paul and Darren Phua was inadmissible in court. Judge Leen ruled that the search warrant was procured based on a sworn affidavit that contained false information and was "fatally flawed."

Without that evidence, the prosecution doesn’t have much with which to proceed on illegal gambling charges. The proceedings are set to begin on April 13 and, if nothing changes by that date, the Phuas will have a great chance of walking away with their freedom. For that reason, prosecutors are trying to get the presiding judge, Andrew Gordon, to dismiss Judge Leen’s findings and allow for the case to proceed with the evidence included.

U.S. attorneys Kimberly Frayn and Phillip Smith Jr. claim that despite the fact that the affidavit may have contained some errors and false statements, the inaccuracies were not made on purpose and are not severe enough to justify the removal of the evidence procured from the search.

At the same time, the Phua defense team is going in for the fatal blow. Although Judge Leen dismissed the evidence, she concluded that the agents’ actions were not unconstitutional. To remind readers who may not be following the case, federal agents disconnected the Internet at the villa where the Phuas (and others) were located and then proceeded to enter representing themselves as technicians who were there to perform repairs.

The government’s position in this case — and the legal rule the magistrate judge suggested this court adopt — would shock the conscience of ordinary Americans." Las Vegas ReviewJournal;

David Chesnoff and Thomas Goldstein, who represent the defendants, disagree. They filed their own motion before Judge Gordon to overrule Leen’s decision and asked the court to find that the action taken against the Phuas was unconstitutional.

Should the Phua attorneys be successful in overruling the Magistrate Judge's decision and persuade Judge Gordon to rule that the search was unconstitutional, the entire case will be dismissed. But even without it, unless the evidence is reinstated, betting against the Malaysian businessman at this point would be quite a gamble.

Of course, depending on how hard prosecutors want to press the matter, this case could drag on for some time, as it may go all the way to the Supreme Court.

We will keep you updated.

Photo: Las Vegas ReviewJournal


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Ivan Potocki is the editor in chief and one of the lead news writers for PokerTube. His natural flair and enthusiasm for journalism combined with a deep poker knowledge make him an exciting contributor for PokerTube.The experience garnered playing poker professionally for several years and the knowl...Read more

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