Department of Justice bites back in Wire Act dispute

Attorneys from the US Department of Justice (DOJ) have issued a 37-page memorandum asking for the dismissal of a New Hampshire Lottery Commission lawsuit against its revised Wire Act opinion.

The memo, which was issued on Friday, requests that the US district court “grant Defendants’ motion to dismiss, deny Plaintiffs’ motions for summary judgment, and terminate these cases.”

In the document, the DOJ cites four main arguments why the lawsuit, first brought by the New Hampshire Lottery Commission in February, should be dismissed.

Firstly, the DOJ asserts that the cases have a “lack of standing” since no one has yet been prosecuted for violating the revised interpretation.

At the time of its introduction, the DOJ confirmed that no individuals would be charged with any subsequent violations for a period of 90 days, although this has since been extended, following the commencement of the lawsuit.

Secondly, the DOJ calls on the court to dismiss prior interpretations of the Wire Act, citing previous case law as being paramount in the debate. It also calls for any dismissal of plaintiff claims that the revised interpretation violates their respective state constitutions.

Thirdly, the DOJ asserts that any ruling made against it should be via “Exclusively Declaratory Relief”, a system which determines the rights of parties without ordering anything be done or awarding damages. This would mean the DOJ would not have to repay any damages to affected states.

Lastly the DOJ claims the court should reject any additional arguments made by states joining the lawsuit via the provision of Amicus Curiae memoranda and any ruling or damages should only apply to the New Hampshire Lottery Commission, the body which launched the lawsuit.

A total of 15 other states, including New Jersey and Pennsylvania, have filed memorandums in support of New Hampshire ahead of the case hearing, which is scheduled to take place on 11 April.