Online Gamblers Jailed For Contempt For Not Testifying

Gambling News - November 19th, 2009 - Written by Glen

The 2009 year has been full of attacks against online gambling sites as well as their payment processors, but regular citizens are now falling victim to prosecution. Though not in direct violation of the law, ten citizens have been held in contempt of court for refusing to testify against the purveyors of online gambling.

Nicholas Zicarelli, the tenth in a series of online gamblers held in contempt, was a patron of an online gambling site under investigation by the government. Kenneth Hensley, Zicarelli's attorney, has asked for a two-week recess, requesting prosecutors to provide evidence showing that Zicarelli has further involvement than being an occasional bettor.

After pleading the fifth amendment under the Constitution of the United States, Zicarelli refused to testify. The fifth amendment states that an American citizen has the right to not give evidence that would show that he or she had committed a crime. The judge overseeing the trial offered him immunity, but Zicarelli had refused, and now he has been ordered to 18 months imprisonment unless he were to give the grand jury his knowledge.

The same judge had sent three other men into confinement with similar charges back in August. Those who have been jailed may see early release, provided the grand jury completes its probe or if those in jail decide to testify.

With the oncoming deadline for the UIGEA, crackdowns against Online Gambling have been ramping up. USA online sportsbooks may be next in line to take hits from federal persecution, though December 1st is the deadline for the Unlawful Internet Gambling Enforcement Act. Congressmen have been struggling to postpone this deadline, though no progress has yet been made.

The Kansas City Star contributed to this Article.

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