Feds won’t appeal Malaysian businessman’s gambling case dismissal

Federal prosecutors will not appeal a judge’s dismissal of an illegal gambling case against wealthy Malaysian businessman Paul Phua, Nevada U.S. Attorney Daniel Bogden said Thursday.

U.S. District Judge Andrew Gordon dismissed the case June 1 after prosecutors told him they couldn’t make a case against Phua at trial. Gordon earlier tossed out the bulk of the government’s evidence, saying FBI agents violated Phua’s rights when they entered his Caesars Palace villa posing as Internet repairmen to secretly gather evidence days before the July 9 raid.

“We disagree with Judge Gordon’s decision for the reasons stated in our court filings; however, the government will not be appealing his decision to the Court of Appeals for the 9th Circuit,” Bogden said in a statement.

Bogden was responding to a Las Vegas Review-Journal inquiry about the expiration of a 30-day period for the government to file notice of an appeal. He offered no further explanation.

Hours after last month’s dismissal Phua boarded his $48 million private jet in Las Vegas and left the country.

“On behalf of Mr Phua, (attorney) Tom Goldstein and my office, we are pleased that the wisdom of Judge Gordon’s decision is not being challenged,” defense lawyer David Chesnoff said.

The case fell apart after Gordon barred the government from using evidence FBI agents seized from Caesars Palace villas during a July 9 raid on an alleged operation that accepted millions of dollars in illegal wagers on World Cup soccer.

Phua, 51, a widely known poker player and Strip high roller, was among eight defendants from Malaysia and China charged in the international betting case. Six pleaded guilty and were each fined and sentenced to five years of probation on condition they stay out of the U.S. during that period. The case against a seventh defendant was dismissed.

Contact Jeff German at jgerman@reviewjournal.com or 702-380-8135. Find him on Twitter: @JGermanRJ