Good thing this is a non violent crime. Even still, Micon will not do well in prison.
Can't believe he actually thought he'd get away with this.
Good thing this is a non violent crime. Even still, Micon will not do well in prison.
Can't believe he actually thought he'd get away with this.
If Micon does attempt to defend this (it will be interesting if he decides to return to Nevada to attempt to beat it), he can offer up two defenses:
1) Users were only gambling for bitcoin, not cash. There are no laws on the books specifically banning gambling for bitcoin, much as there are no laws banning gambling for play chips on sites like Zynga Poker.
2) He did not have the servers in his house, did not do any technical work for the site, and had no actual ownership of Seals. He was just a paid spokesman while the actual owners hid in the shadows.
However, the prosecution could counter with:
1) The three elements of gambling are Consideration, Prize and Chance. Consideration means players must pay something of value to be eligible to participate. Bitcoin definitely counts as "something of value", and Micon clearly knew this, as did all of Seals customers. Prize includes not only money, but anything of value. There was definitely a prize for winning pots, and they definitely had value. Chance means the outcome is not determined by skill. There can be arguments that poker is a skill game and "chance" isn't involved, but Nevada accepts poker to still be gambling, so this argument doesn't really apply.
2) Micon represented himself as "Chairman" of the site, not a paid promoter. He clearly took on a role similar to ownership and/or upper management. I imagine that the computers seized from Micon will provide ample evidence that he wasn't just a paid spokesman.
Perhaps a good attorney can cast enough doubt on the part of the prosecution where a deal can be struck, but I have to think it will involve at least some prison time, and likely a hefty fine. It would also likely involve a stipulation that swcpoker.eu is shut down and that Micon cannot run any further online poker sites serving Americans -- something I doubt he would be willing to concede at this point.
His case is also probably hurt by the fact that he left for Antigua to continue committing the same crime, rather than ceasing such activity and claiming that he didn't know it was illegal at the time he was committing it. Now he can't make such a claim anymore, yet he's still running basically the same site.
My opinion is that he's fucked. I also think the Attorney General wants to make an example out of him here, as this isn't just the run-of-the-mill illegal casino run out of someone's office building. This is the first-ever bitcoin gambling site prosecuted in the US, and I have to think that this Attorney General wants to make a name for himself getting the first conviction of its kind.
Seriously though, if any of you internet detectives can find the arrest warrant online, please post it here.
Before you indulge in all the schadenfreude regarding Micon's legal difficulties......
The wheels of justice turn so very slowly. These could be the greatest 2 years of Micon's life. He will immediately recognize the opportunity to be a Cause célèbre..
WSOP? Can you imagine?
He will finally have the attention and the platform he has dreamed of all his life as a C-list poker personality. You kidding me? Radio, podcasts? Fuck that.. This is an opportunity that exceeds anything he could have deliberately contrived.
He will spend more on his publicist than his lawyer.
Who will be cast as Micon in the movie?
The self described civil liberties Bitcoin/poker martyr.
We will all tune in and the nerds will give generously.
Last edited by Sanlmar; 04-27-2015 at 11:08 PM.
Las Vegas Township Justice Court Records Inquiry
https://lvjcpa.clarkcountynv.gov/Anonymous/default.aspx
Register of Actions
Case No. 15F06274X
State of Nevada vs. MICON, BRYAN §
§
§
§
§
Case Type: Felony
Date Filed: 04/27/2015
Location: JC Department 4
Party Information
Lead Attorneys
Defendant Active WarrantMICON, BRYAN
State of Nevada State of Nevada
Charge Information
Charges: MICON, BRYAN Statute Level Date
1. Oper game estb/srv/sys w/o lic [53563] 463.160.1 Felony 04/27/2015
Events & Orders of the Court
OTHER EVENTS AND HEARINGS
04/27/2015 CTRACK Track Assignment JC04
04/27/2015 Criminal Complaint
04/27/2015 Request For Arrest Warrant
04/27/2015 Declaration of Warrant Summons (Affidavit)
04/27/2015 Arrest Warrant Request (10:15 AM) (Judicial Officer Sciscento, Joseph S.)
Result: Arrest Warrant Issued
04/27/2015 Arrest Warrant Ordered to be Issued (Judicial Officer: Sciscento, Joseph S. )
20,000/20,000
04/27/2015 Minute Order - Department 04 (Judicial Officer: Sciscento, Joseph S. )
04/27/2015 Warrant Issued
04/27/2015 Arrest Warrant - Face Sheet
04/27/2015 Arrest Warrant Confidential
Thanks!
This should take you right to it directly.
https://lvjcpa.clarkcountynv.gov/Ano...aseID=11683957
Edit: That worked for a bit but don't seem to now so just go enter the case number under criminal records in the original link. I was just trying to make it easier to get to but they must kick it out after a few minutes.
Last edited by BeerAndPoker; 04-27-2015 at 11:18 PM.
I get a Public Access Error when clicking your link.
An error occurred while processing your request.
Please contact your system administrator.
Odyssey User
Configured (System)
SiteID Configured (NVCLARKJCPROD)
Mode ISAPI
Redaction
Show All
All documents are available regardless of their redaction status.
Location Clark JC Production
Transport
http://lvjcodyssey.co.clark.nv.us
The document management transport is determined based on the document location. All public access servers must have HTTP access to this server.
Error
obviously, there is someone who would be a perfect fit for the role...
![]()
Just would also like to point out that the new AG was a nobody that came out of nowhere to win the last election. His biggest supporter was....
Very good.
What would your reflex be to this news if you were Micon?
I would give my left nut for a meeting. Two Jews walk into a room. One says to the other.....
Micon is smooth and has a young wife.
Edit:
I am appalled at the first level thinking here. The American legal system & justice are two different things. Oh, Micon was bad so he will be punished next month. Really.
When you factor in American pop culture & new media there is so much play to be had here.
Last edited by Sanlmar; 04-27-2015 at 11:44 PM.
"Birds born in a cage think flying is an illness." - Alejandro Jodorowsky
"America is not so much a nightmare as a non-dream. The American non-dream is precisely a move to wipe the dream out of existence. The dream is a spontaneous happening and therefore dangerous to a control system set up by the non-dreamers." -- William S. Burroughs
Normally you're thrilled to be indicted by the state rather than federally, but probably not at all when its Nevada and gaming.
Makes me wonder about extradition though. If the DOJ wanted him, he'd be proper fucked almost immediately. Don't know if the state holds that type of sway. Probably not. He probably should have went to Israel under right of return. They don't extradite often, and probably never for something like this. Unless, of course, Sheldon wants his ass back in Nevada. Seems like many American Jew white collar criminals have been able to skirt there unless the DOJ really wants them badly.
For his sake, I hope he does have the millions in bitcoin some have speculated. Or he better hope he becomes a cause for the Antiguan gov't after the US ignored the ruling against them. I doubt that though. He's not a big enough player for that heat.
Interested to hear from the resident lawyers. The state part is the curious angle versus the DOJ
Micon doing 5 years in a Nevada state prison is just unreal to think about. Don't think he has that in him. The weed withdrawal anxiety alone would cripple him
There exists a unique breed whose desire for attention and maybe fame supersede their instinct for self-preservation.
Nothing said tomorrow will diminish potential celebrity.
The worst threat of punishment, of course, is forfeiture of book/movie rights... Let's not be hasty posting the obvious/typical laws pertaining to this profiting from crime while in prison.
Lawyers may muzzle young Micon in the interim - but maybe not.
You are not playing this game correctly Sonatine. I am disappointed.
i agree sanlmar, in that he almost wanted to get busted more than he wanted the site to blowup. micon wants to be seen as a sort of kim dotcom
although i think that has changed a bit in the last 24 hours as the reality of what being martyr is going to end up costing him is starting to set in
he's out of moves and is probably going through manic, megalomaniac moments interrupted by spurts of uncontrollable sobbing
There are currently 2 users browsing this thread. (0 members and 2 guests)