Online and Offshore
Gambling Industry News By:
Q.
Smyth
July
19th, 2007 - Page Updated at 9:45am
Senior Editor For WagerOnFootball.com Handicapping.
Neteller PLC Press Releases
WagerOnFootball.com
Press Release
NETELLER Announces Settlement of US Situation
Wednesday, 18 July 2007 - NETELLER Plc (LSE:
NLR), the independent global online payments
business, today announces that the Company
has entered into a Deferred Prosecution Agreement
(“DPA”) with the United States
Attorney's Office for the Southern District
of New York (“USAO”). The DPA represents
the resolution of the USAO’s investigation
into the Company.
Pursuant to the DPA, the Company has consented
to the filing of a criminal information relating
to transactions between Internet gambling merchants
and persons located in the United States. The
USAO has agreed to defer the prosecution of
any federal charges and, as a consequence,
the Company will not be convicted of any federal
crime, as long as the Company fulfils the set
conditions of the DPA during the two year term
of the agreement. At the conclusion of the
two year term, the criminal information will
be dismissed. The key terms of the DPA are
set out in more detail later in this announcement.
The United States District Court for the Southern
District of New York has approved the deferral
of the prosecution. As part of the DPA, the
Company has also agreed to forfeit US$ 136
million to the United States. This amount includes
the approximately US$ 60 million that the USAO
has previously seized.
Additionally the Company announces:
Following this resolution, the Company will
seek to publish its audited annual accounts
for 2006 and have its shares restored to trading
on AIM as soon as practicable thereafter.
The Company is using its best efforts to allow
withdrawal requests as soon as possible and
US customers will be able to sign in to their
NETELLER account to request the withdrawal
of their funds by no later than 30 July 2007.
The exact date upon which US customers will
be able to make requests will be communicated
to US customers via email and through our website.
Ron Martin, President & CEO, said “This
agreement resolves the USAO’s investigation
relating to the Company’s former US business
activities. We believe that this settlement
is in the best interests of NETELLER and its
shareholders."
“Our customers, employees and shareholders
have all patiently waited for this resolution.
We anticipate within the next few weeks that
we will have fully implemented the plan for
the return of funds to our US customers and
are hopeful that, by that time, we will have
restored the Company’s shares to trading
on AIM. We can now begin to refocus our efforts
on building and strengthening the NETELLER
business in the growing markets of the European
and Asia Pacific regions. I look forward to
sharing further information about the Company’s
progress over the coming months.”
Key terms of the Deferred Prosecution Agreement
The settlement takes the form of a two year
DPA with the USAO. In the DPA, NETELLER has
consented to the filing with the United States
District Court for the Southern District
of New York of a criminal information charging
NETELLER with participating in a conspiracy
in violation of certain US laws. If NETELLER
fulfils its obligations under the DPA, the
criminal information will be dismissed, following
the two year term.
Specifically, the DPA contains the following
main points:
NETELLER, as detailed in the “Statement
of Admitted Facts” attached to the DPA,
admits that it had operated in the US an unlicensed
money transmitting business and had participated
in the performance of financial transactions
for the purpose of promoting unlawful transactions
between internet gambling merchants and persons
located in the US.
NETELLER agrees that it will pay an amount
to the United States totalling US$ 136 million
which is disgorgement of certain profits received
by NETELLER from the activities described in
the Statement of Admitted Facts. This amount
includes the approximately US$ 60 million that
the USAO has previously seized. NETELLER agrees
that it will satisfy the remaining portion
of its forfeiture obligation with a payment
of US$ 40 million to be paid on or before 15
October 2007, and the remaining balance (approximately
US$ 36 million) to be paid on or before 17
January 2008.
NETELLER agrees to cooperate fully with US
authorities in all matters relating to the
ongoing investigations by the USAO.
NETELLER agrees to fully implement procedures
and controls to prevent illegal transactions
between internet gambling merchants and persons
located in the US and to continue to retain
Navigant Consulting Inc., a forensic accounting
firm, to monitor NETELLER’s compliance
with these procedures and controls.
Distribution Plan to be implemented
As announced on 4 June, the Company has agreed
to a plan for the distribution of funds to
its US customers. The agreed plan details the
process and mechanisms by which US customers
will be able to initiate the return of their
funds after the plan is implemented. NETELLER
is using its best efforts to start implementing
the plan as soon as possible and, in any event,
by no later than 30 July 2007. The Company
will communicate to US customers via email
and through its website the exact date upon
which such customers will be able to make requests.
Restoration of trading to AIM
As stated in the Company’s announcement
of 13 July, the Company continues to make progress
regarding the ongoing suspension of the Company's
shares from trading on AIM. The Company is
in discussions with its advisers and AIM and
understands that the admission of the Company’s
ordinary shares to trading on AIM has not to
date been cancelled.
With today’s announcement of a resolution
of the USAO investigation, the Company is now
focused on finalising and publishing its audited
annual accounts for 2006. The Company will
endeavour to post the 2006 accounts to its
shareholders as soon as practicable following
which the Company anticipates that trading
in the Company’s ordinary shares on AIM
will be restored.
Further details will be announced as and when
they become available.
About the NETELLER Group
Trusted by millions of consumers in over 160
countries to move and manage billions of
dollars each year, the NETELLER Group operates
the world's leading independent online payment
business. The Group specializes in providing
innovative and instant payment services where
money transfer is difficult or risky due
to identity, trust, currency exchange, or
distance. Being independent has allowed the
Group to support thousands of retailers and
merchants in many geographies and across
multiple industries.
The Group is quoted on the London Stock Exchange’s
AIM market, with a ticker symbol of NLR. NETELLER
(UK) Limited is authorised by the Financial
Services Authority (FSA) to operate as a regulated
e-money issuer. For more information about
the Group visit www.netellergroup.com.
As WagerOnFootball.com
sportsbook review continues to expand our ongoing
relationship's with our clients, and fellow
gambling enthusiasts, it is our pledge to continue
to add content to an already detailed review
site. So please check out our industry's best
sportsbooks today.
|