U.S. Supreme Court Declines to Review Conviction of Jay Cohen for Internet Gaming

On June 24, 2002 the U.S. Supreme Court declined certiorari to review the conviction of Jay Cohen in U.S. District Court in New York for one count of conspiracy and seven counts of violating the Interstate Wire Act in connection with the operation of an Internet gambling site in Antigua and Barbuda called the World Spots Exchange. On July 31, 2001 the U.S. Court of Appeals for the Second Circuit affirmed the district court?s conviction for which Cohen was given a sentence of 21 month in prison, two years of supervised release, a special assessment of $800 and a fine $5,000. On February 22, 2002 Cohen filed a writ of certiorari to have the Supreme Court review his case. The Government of Antigua and Barbuda had filed an amicus brief urging the U.S. Supreme Court to review the Cohen case. The Court had asked the U.S. Government to file a brief in response to Cohen?s petition. The Cohen conviction shows that U.S. law enforcement can and will prosecute persons who operate Internet gaming operations abroad as long as they have certain links with the U.S. Some of the issues prior to and during the trial focused on whether Cohen and his agents had done enough in the jurisdiction to allow the court to assume jurisdiction. The Court did not find any difficulty with the notion that Cohen and his agents had taken plenty of steps within the court?s jurisdiction for the court to adjudicate the case.