US judge moves to throw out evidence against accused gambling kingpin Paul Phua
PUBLISHED : Tuesday, 03 February, 2015, 3:11pm
UPDATED : Tuesday, 03 February, 2015, 4:45pm
Bryan Harris [email protected]
The 50-year-old Malaysian native was arrested in Las Vegas last year following a raid on three Caesars Palace villas, where US authorities believe Phua was running an illegal World Cup betting operation. Photo: AP
The Las Vegas trial of former Macau junket operator Paul Phua Wei-seng – who the FBI claim is a member of Hong Kong’s 14K triad group - took another dramatic twist yesterday after a judge recommended tossing out the bulk of evidence against him.
World-ranking poker player Phua, 50, was arrested in the US gambling mecca last year following a raid on three Caesars Palace villas, where US authorities believe Phua was running an illegal online World Cup betting operation.
US magistrate Peggy Leen found that FBI agents violated the constitution by making misleading statements to obtain a search warrant for Phua’s hotel suite.
The Malaysian national’s arrest – shortly after Phua and his associates arrived in Las Vegas from Macau in his private jet - grabbed headlines around the world after Malaysian home affairs minister Ahmad Zahid Hamidi wrote to the FBI rebutting their allegations that Phua was a member of the14K triad and describing him as a “national security asset’’.
Magistrate Leen said the warrant application for the raid was “fatally flawed” by misleading the presiding judge about suspicions Phua was involved with illegal sports bookmaking.
“The affidavit was written in a way to suggest investigators had much more information linking Phua to an illegal sports betting operation” than was true,’’ Leen said in the report outlining her recommendations to the case’s district court judge.
Federal prosecutors have the option of appealing Leen’s non-binding findings. However, if the findings are upheld, they will be forced to pursue the case without a glut of evidence — including computer and phone records — seized during the raid.
Phua’s lawyers said the decision marked a “good day for all Americans”.
“We have deep appreciation in this country for a constitutional system that protects people against government overreaching,” said attorney David Chesnoff.
Phua and his son, Darren, are the only remaining defendants in the case after five other men from Hong Kong and Malaysia pleaded guilty in December and quickly departed the United States.
The same month, the South China Morning Post reported on “a private and confidential” letter sent by Malaysian cabinet minister Zahid to FBI deputy director Mark Guiliano denying Phua was a 14K triad member.
In addition, the minister said: “Mr Phua has, on numerous occassions [sic], assisted the Government of Malaysia on projects affecting our national security and accordingly we continue to call upon him to assist us from time to time and as such we are eager for him to return to Malaysia.”
The letter sparked uproar in the Southeast Asian nation, with opposition leaders calling for Zahid to step down.
The Malaysian Home Affairs Ministry did not respond to a request for comments.
However, a reliable source within the establishment said: “There was no attempt by the minister to suggest Phua was or was not guilty of whatever case that is before the US courts. The minister has neither interest in the outcome of the case nor in Phua’s fate.”
