Esquire Magazine Subpoenaed by Department of Justice
Esquire Magazine has become the latest media outlet to be hit with a subpoena
Tuesday 31st May 2005
By Lawrence G. Walters, Esq.
Right on the heals of the ruling by the WTO Appeals Body, Esquire Magazine has become the latest media outlet to be hit with a subpoena from the Justice Department over advertising for Internet gambling. The recent action, which was first reported by a New York Post article, relates to Esquire magazine’s April issue, which featured an eight-page insert entitled the “Gentlemen’s Guide to Poker,” sponsored by Internet poker site BoDog Poker. The insert also includes BoDog CEO Calvin Ayre’s photo and his tips for playing Texas Hold ‘Em online, along with several references to the BoDog Poker URL, images from the site, and the disclaimer: “Void where prohibited by law. Fully licensed in Costa Rica.” Since the beginning the of Justice Department’s Internet gambling investigation, the DOJ has contended that any company accepting advertisements from online casino operators could be charged with aiding and abetting. The Department has stated in various letters, including correspondence to the American Broadcasting Association, that it believes that such advertisements are in violation of the Interstate Telephone Act of 1964 and that online gambling operators are violating the Federal Wire Act of 1961.
Esquire spokesman Paul Luthringer confirmed that the magazine has received an “informational subpoena,” and stated that “We intend to provide the information as required by the law, since there is no request of any editorial information which would be constitutionally protected. ”The author will continue to monitor this situation in future updates.
Lawrence G. Walters, Esq., is a partner in the national law firm of Weston Garrou & DeWitt, with offices in Orlando, Los Angeles, and San Diego. Mr. Walters represents clients involved in all aspects of online gaming operations. Nothing in this article constitutes legal advice. Please contact your personal attorney with specific legal questions. Mr. Walters can be reached at Larry@LawrenceWalters.com, through his website: www.GameAttorneys.com, or via AOL Screen Name: “Webattorney.”