January 30, 2009 (iGaming Business News) — The Interactive Media Entertainment And Gaming Association (iMEGA) has announced that its legal action questioning the Constitutionality of the Unlawful Internet Gambling Enforcement Act (UIGEA) could be heard in April.

The Washington, DC-based non-profit lobby group revealed that its legal team was recently contacted by the US Third Circuit Court Of Appeals and asked to provide notice of their availability in April in order to provide oral arguments in the suit.

The Court also provided a list of possible dates to Eric Bernstein, lead counsel for iMEGA, and to the US Department Of Justice, a defendant in the suit alongside the Federal Trade Commission and the Federal Reserve.

“We’re very happy the Court is moving forward to schedule oral arguments,” said Joe Brennan, Chairman for iMEGA.

“We’re confident we have a strong suit and it will be difficult for the Department Of Justice to defend UIGEA because it is so fatally flawed.”

The action, iMEGA v. Keisler, alleges that UIGEA is unconstitutional because it shifts the determination, burden and cost of enforcement onto financial institutions. iMEGA argues that the 2006 legislation should be ‘void for vagueness’ and that Congress erred when it declined to define ‘unlawful Internet gambling’ as they are required. The lobby group contends that Congress cannot delegate this determination banks and credit card companies.

Last year, the Department of Treasury, which crafted the regulations for UIGEA, testified before Congress that it was unable to make the necessary determination of what constituted "unlawful Internet gambling".


Reprinted from iGaming Business.com. Click here to read the original story



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