Phua and Son Seek Removal of Court-Ordered Poker Prohibition While Awaiting Trial
The arrest of several prominent Macau poker personalities for their involvement in a World Cup betting scam was PokerNews’ No. 7 story of 2014, but for two of those involved — high-stakes poker pro Paul Phua, 50, and his son Darren, 23 — the story has spilled over into the new year.
When last we checked in, both men planned to go to trial, while five other defendants — Richard Yong, Hui Tang, Yan Zhang, Yung Keung Fan, and Herman Chun Sang Yeung — all pled guilty.
The Phua’s believe the FBI violated their Fourth Amendment rights by using “flimsy” evidence to convince a judge to issue a search warrant. The argument stems from the fact that days before the raid the FBI purposely cut off the Internet at Caesars Palace and posed as technicians to collect evidence inside private villas. This questionably-obtained evidence was later used to secure a warrant.
Now, according to the Las Vegas Review-Journal, the Phua’s are seeking to remove a court order that prohibits them from playing poker in casinos while awaiting trial. The duo, who are well known in the "Macau Big Game," are also seeking the ability to “dine, shop, and see shows at the casinos.” Defense lawyers David Chesnoff and Thomas Goldstein argue their clients have complied with the terms of their pretrial release since several poker pros, including Phil Ivey and Tom “durrrr” Dwan, posted $2.5 million in bail, and should be afforded the freedom.
Assistant United States Attorney Kimberly Frayn does not agree.
“The defendants are not lawfully present in the United States,” Frayn wrote on Monday. “They are present only until this criminal matter is resolved and then they will be expelled. They are charged with crimes connected to unlawful gaming activities, which they conducted clandestinely on casino premises and which were furthered through associations made and maintained through poker gambling salons located within the casino.”
Chesnoff and Goldstein have countered by saying the allegations against their clients do not involve “illegal poker playing” and that there is no risk as “the casinos are highly regulated environments with cameras throughout.”
Both Phua and his son were arrested back in July in Las Vegas after FBI agents raided what they called an illegal World Cup gambling operation. The operation reportedly took place inside Caesars Palace. In the criminal complaint, authorities claimed Phua was a high-ranking member of Hong Kong’s 14K Triad, though Malaysian officials have refuted that claim.
"To assist both your department and Mr. Phua’s legal teams, based on our information, Mr. Phua is neither a member nor is he associated with the 14K Triad,” Ahmad Zahid Hamidi, Malaysia’s minister of home affairs, said in a letter to Deputy FBI Director Mark Giuliano. “Moreover, according to our records, Mr. Phua has on numerous occasions assisted the government of Malaysia on projects affecting our national security and accordingly we continue to call upon him to assist us from time to time, and as such we are eager for him to return to Malaysia.”
For more information head on over to reviewjournal.com.
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