Earlier this week, it was reported that popular high-stakes poker player Wei Seng ‘Paul’ Phua’s trial has been postponed for a later date. It appears that the judge in charge of his case needs a bit more time to decide whether FBI’s approach to the collection of evidence failed to comply with the Fourth Amendment to the United States Constitution.
Initially, the trial was scheduled for January 12. However, a few days ago, the date was changed to February 9.
Back in July, Phua, his son Darren, and six other people were arrested on suspicion of taking illegal wagers during the 2014 FIFA World Cup at Las Vegas-based Caesars Palace. The Phuas are the two defendants left with charges against them. Five of the other defendants pleaded guilty and received more lenient sentences. Charges against the other individual, who was involved in the case, were dropped.
It seems that United States Magistrate Judge Peggy Leen, who is in charge of Phua’s trial, has taken into consideration the argument of the defendants’ attorneys that the FBI agents did not comply with the Fourth Amendment while collecting the necessary evidence for arrest warrants to be issued.
According to advocates of civil liberty, federal agents meddled with the internet connection of the villas where the defendants stayed. Undercover agents supplied with special body cameras were sent there after Phua called for a technician to fix the problem.
Last week, Judge Leen stated that she would do her best to announce her decision on whether the evidence is valid “soon”.
Earlier in December, Michael Kung, an undercover agent who took part in the raid, was interrogated in her presence. He stated he did not mention in his report the fact that the arrests were carried out without the respective warrant. What is more, the agent shared that he was not aware of any previous operations of this kind.
Paul Urban, special investigations director at Caesars, claimed that he refused to take part in the raid due to the fact that he considered it violated the privacy of guests of the hotel. Kimberly Frayn, an Assistant U.S. Attorney, also tried to warn federal agents that their operation would raise certain “consent issues”.
It was reported that the FBI has been seeking $13 million in asset forfeiture from Phua and his son. Agents believe that the sum is equal to that the defendants collected from taking illegal wagers during the 2014 FIFA World Cup. In order for bail to be made, Phua put up his $48-million private jet as collateral.
In April, Paul Phua finished sixth at the EPT Grand Final in Monte Carlo where he captured $532,091. Yet, he achieved his biggest success in poker back in 2012 when he won a £100,000 No Limit Hold’em event in London and was awarded the amount of £1,000,000 or approximately $1,621,297.