Headquarters:
1325 G Street NW, Suite 500Washington, DC 20005202.552.7431 office888.448.4PPA toll free202.552.7423 faxemail@pokerplayersalliance.org
www.pokerplayersalliance.org
June 8, 2009
VIA FACSIMILE and ELECTRONIC MAIL
Arlo Devlin-BrownAssistant United States AttorneySouthern District of New York One St. Andrew’s Plaza New York, NY 10007Fax: (212) 637-0097E-mail: arlo.devlin-brown@usdoj.govRe: Allied Systems, Inc.Dear Mr. Brown:We have been advised that your office recently instructed three banks -- namely, Citibank, N.A.(“Citibank”), Goldwater Bank (“Goldwater”), and Alliance Bank of Arizona (“Alliance”) -- totreat as “seized” all funds in accounts maintained by Allied Systems, Inc. (“Allied Systems”) pending a forthcoming order of seizure. Because the funds in those accounts belong to membersof Poker Players Alliance (“PPA”),
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PPA has standing to be heard in the above-referenced matter and hereby requests notice and the opportunity to be heard.
See
United States v. Comprehensive Drug Testing, Inc.
, 513 F.3d 1085 (9th Cir. 2008). The PPA is the leading poker grassrootsadvocacy group with more than one million members nationwide dedicating to protecting therights of the poker playing community.We understand that letters issued to Goldwater Bank and Alliance state clearly that the UnitedStates Attorney’s Office for the Southern District of New York has initiated the process of obtaining a seizure warrant for assets in accounts held by Allied Systems. Presumably, your office has initiated such proceedings in accordance with 18 U.S.C. § 981(b), which provides thatseizures thereunder are to be made pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. Rule 41, in turn, permits the
ex parte
seizure of personal property based on probable cause so long as the seizureis otherwise constitutional.Your office secured a warrant for seizure of a competing processor for the same industry in SanFrancisco. But your decision to sidestep the warrant requirement as to Allied Systems’ bank accounts in Los Angeles and Arizona -- accounts which concern the same account holder and,
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The Poker Players Alliance (www.pokerplayersalliance.org
) is a nonprofit membership organization comprisedof over 1,000,000 online and offline poker players and enthusiasts from around the United States who have joined together to speak with one voice to promote the game and to protect poker players’ rights.
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