United States v. Lombardo
United States District Court for the District of Utah
639 F. Supp. 2d 1271 (2007)
- Written by Rich Walter, JD
Facts
The United States government brought district-court charges against Baron Lombardo (defendant) for running an Internet gambling operation in violation of the federal Wire Act. Lombardo allegedly disguised his operation by transmitting his receipts from the United States to bank accounts in the Philippines. Lombardo moved to dismiss the indictment for reasons that included the government’s obligations under the World Trade Organization (WTO) General Agreement on Trade in Services (GATS). Although the Wire Act explicitly applied both to interstate and foreign commerce, the WTO had previously ruled that the GATS precluded the United States from enforcing the Wire Act against Internet gambling services based in Antigua. Lombardo argued that the WTO’s Antigua ruling, the Charming Betsy doctrine, and the principle of international comity all prevented the government from shutting down Lombardo’s transmissions to the Philippines. The government countered that in approving the GATS, Congress formally declared that the GATS gave the WTO no power to change federal law and that in case of any conflict between federal law and the GATS, federal law would prevail.
Rule of Law
Issue
Holding and Reasoning (Stewart J.)
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