A lawsuit in Kentucky previously targeting Full Tilt Poker and Party Gaming has been amended to include Microgaming, Poker News Daily has learned. The complaint was re-filed a few weeks ago in the legal matter, which is numbered 10-CI-505. In addition, existing defendants in the case have been recently served.
The lawsuit details that Microgaming is based in the Isle of Man and “facilitates, hosts, operates, and profits from more than 120 online casino sites and 40 online poker sites. Microgaming manages and controls the various partnerships.” It adds that the family of sites hosts more than three million visitors every month and the case against it can be litigated in the Commonwealth of Kentucky because it has “sufficient minimum contacts with the Commonwealth to establish a personal jurisdiction.”
Kentucky lawyers allege that Microgaming conducted commercial transactions, accepted monetary transfers, extended credit, hosted online poker games, set up and maintained accounts, took rake, shared in profits from its family of sites, employed proprietary software, and designed websites with “a purposeful, specific intention to do business over the internet” with players located within its borders. It added, “A clear commercial link exists between Microgaming and residents of the Commonwealth and warrants a finding of personal jurisdiction.”
Microgaming exited the Kentucky market in late 2008. Kentucky attorneys assert, “Microgaming received 25% of the gross revenue from its online gambling business in Kentucky.” The Commonwealth cites the time period of September 29th, 2005 to October 23, 2008 as when Microgaming conducted business in the Bluegrass State and is seeking the amount that Kentucky residents lost during that time period. The amount is not given as a number; rather, Commonwealth attorneys leave it to be “determined at trial.” Additionally, Kentucky is seeking to be awarded pre-judgment and post-judgment interest, attorney fees, and “such further relief as the Court deems just and proper.”
Earlier this month, Party Gaming was served in the case. Jim Ryan, Party Gaming’s CEO, was listed as the recipient of the summons in the documents, which were sent to Gibraltar. Party Gaming previously signed a non-prosecution agreement with the United States Department of Justice; however, Kentucky Justice and Public Safety Cabinet Secretary J. Michael Brown filed the legal action in this case. Party Gaming is a publicly traded company on the London Stock Exchange and is in the midst of finalizing a merger with gaming rival bwin.
Kentucky has continued to take a hard stance against internet gambling. In a separate case that was recently sent back to the trial court from the state Supreme Court, Commonwealth attorneys are seeking the forfeiture of 141 internet gambling domain names, including those belonging to PokerStars and Full Tilt Poker. URLs like Microgaming.com are also at risk, even though the network of sites no longer accepts action from the United States.
According to PokerScout.com, which keeps tabs on online poker traffic, the Microgaming Network is the ninth largest worldwide, with a seven-day running average of 1,700 real money ring game players. Its arsenal of rooms includes Betway, Gnuf, Ladbrokes, PokerTime, and Unibet. It is the sixth largest network that does not accept players from the United States and has headquarters in the Isle of Man.
The case against Full Tilt Poker owners Pocket Kings was originally filed in April. Four months later, Party Gaming was added to it. Stay tuned to Poker News Daily for the latest poker legal headlines.
Sounds like the states attorneys are doing everything possible to protect the dying sport of horse racing in the bluegrass state. I’m sure glad I don’t live there.