U.S. District Judge Andrew Gordon discarded at a Tuesday hearing in Las Vegas what had remained of the evidence in the illegal gambling lawsuit against Malaysian poker player and businessman Paul Phua. It could be said that the judge’s ruling in a way gutted the case.
Judge Gordon gave federal prosecutors until Friday to announce as to whether they would drop the charges against Phua. A case status check was scheduled for Monday, June 3. As for Phua, he is to appear in court on June 15.
Last year, the poker player and seven other defendants from China and Malaysia, with his son Darren being among those, were arrested on suspicion of being involved in an illegal betting scheme during the 2014 FIFA World Cup. Supposedly, the Phuas and their accomplices were taking illegal bets at three Caesars Palace villas in Las Vegas.
On July 9, 2014, FBI agents raided the properties in question and seized electronic equipment and cellphones that were installed there. According to prosecutors, Phua’s scheme earned him and the other six defendants more than $13 million.
A few months ago, however, the defendants’ attorneys argued that the FBI violated the Fourth Amendment to the U.S. Constitution when entering the Caesars Palace villas. The complaint was taken into consideration and the prosecutors have been barred from using the evidence that was collected during the raid.
Six of the defendants pleaded guilty. Due to this, they were all imposed fines and were sentenced up to five years of probation. Furthermore, they will not be able to enter the United States over that period. Charges against a seventh defendant were dropped.
Defense attorneys David Chesnoff and Thomas Goldstein commented that Judge Gordon’s decision to discard all evidence acquired during the raid was proof enough that “illegal searches will not be tolerated” on the territory of Nevada.
Prosecutors can still ask Judge Gordon to reconsider his ruling or even turn to the U.S. 9th Circuit Court of Appeals requesting the case to be kept alive.
Phua’s case attracted great international attention, due to his prominence as a poker player. He has almost $3 million in live tournament earnings.
In 2012, Phua took down the Aspers 100K No-Limit Hold’em High Roller event in Lodnon for $1,621,297, his biggest live cash so far. In 2013, he finished 3rd in the WSOP APAC Melbourne A$50,000 No-Limit Hold’em High Roller Rebuy for A$325,000 ($340,122), and 4th in the APT HK$1,000,000 Manila Millions for HK$3,151,000 ($405,922). Last April, Phua was spotted at the EPT Season 10 Grand Final €98,000 + 2,000 No-Limit Hold’em Super High Roller. There, he finished 6th and was paid €385,000 ($532,091).
