After returning from the island nation of Antigua and being booked into the Clark County Detention Center upon his arrival, poker professional/Bitcoin entrepreneur/online poker room owner/operator Bryan Micon has decided to plead guilty to lesser charges and will avoid any jail time.
According to David Ferrara of the Las Vegas Review-Journal, the deal struck by Micon and his attorney Richard Schonfeld would keep him out of jail and also keep a felony conviction off his record, something that would be important to Micon should he want to frequent the tournament poker circuit again. If the judge rejects the plea agreement, Micon is eligible to revoke his guilty plea and the case would head to trial.
Currently Micon is facing a felony count of operating an unlicensed interactive gaming system, which is punishable by a 10-year prison sentence and/or a $50,000 fine. Under the guidelines of the plea agreement, Micon would plead guilty to a misdemeanor version of the felony charge, receive an undetermined probation (which he would have to remain in the U. S. and complete) and a $25,000 fine. Micon would also relinquish ownership of several items that were seized by Nevada gaming agents, including electronic equipment, $900 in cash and 3.0996 Bitcoins (roughly $750 in U. S. currency under current exchange rates), the financial modus operandi of Micon’s former site, Seals with Clubs.
The probation issue is the one that the case may hinge on for Micon. The judge in the case could reject the agreed-upon deal for any reason, which would force Nevada state attorney’s to try the case and Micon to face the full wrath of the legal system. Schonfeld believes that the judge will not have an issue with the plea deal, commenting to Ferrara after the hearing that the agreement was “an appropriate resolution” while Micon maintained his silence and offered no comment.
The case dates back to earlier this year when Micon – who didn’t exactly hide the fact that he was operating Seals with Clubs for at least the past year, discussing the fact in Skype communiques with others in the industry – was raided by agents of the Nevada Gaming Control Board and the Nevada Attorney General’s office. After handcuffing Micon and conducting an eight hour search of Micon’s home (and with Micon’s wife and daughter on the property), those authorities took numerous pieces of computer equipment and other evidence while releasing Micon without issue.
Micon, however, took this as a cue that he needed to leave the state. Nearly immediately after the raid, the Micon family left Nevada for what was an allegedly pre-planned trip to Antigua, home also to Bodog founder Calvin Ayre and Absolute Poker founder Scott Tom (who are wanted by federal authorities for their online gaming activities). From that locale, Micon issued a video statement that indicated he was willing to “take a stand” and fight against the “police state” that were investigating him. At this time, Micon also closed Seals with Clubs and restarted it under the name SwCPoker.
In April, Nevada officials issued the charge of illegal gambling against Micon and he, at first, seemed willing to fight them. He started a GoFundMe page to raise money for a defense but, after a couple of weeks, had raised only $4000 of a $100,000 project. In May, GoFundMe refused to allow for Micon to withdraw any funds from the project, perhaps pushing Micon to the thought of trying to negotiate a settlement with Nevada officials regarding the case.
At this time, Micon has been released on his own recognizance and is believed to be in the Las Vegas area. Next week, another hearing will be held in front of the presiding judge in the case, at which time the plea agreement will be examined and either approved by the judge or rejected. If it is rejected, then the case would be reopened for prosecution and anything could happen to Micon.
