Fed district court judge rules evidence suppressed in FBI as internet repairman case

LAS VEGAS -- A federal judge has thrown out evidence collected by FBI agents who posed as Internet repairmen to get into Las Vegas Strip hotel rooms last summer during an investigation into illegal bookmaking, and is giving prosecutors until Friday to decide whether to drop criminal charges altogether.

The ruling by U.S. District Judge Andrew Gordon in Las Vegas almost completely guts the case against Malaysian businessman Wei Seng "Paul" Phua, defense attorneys David Chesnoff and Thomas Goldstein said.

"There's no more evidence from anywhere," said Chesnoff, who has alleged investigative and prosecutorial misconduct and cast the case as a fight for people in their homes to be free from prying eyes of the government.

The judge's decision to suppress as "fruit of a poisoned tree" all evidence collected from three Caesars Palace high-roller suites occupied by Phua and several other people "sends a clear message that illegal searches will not be tolerated," Chesnoff said.

It wasn't immediately clear if the case could survive the crippling ruling.

U.S. Attorney Daniel Bogden was traveling and wasn't immediately available for comment, spokeswoman Natalie Collins said.

Prosecutors this month added a conspiracy count to two previous charges - operating an illegal gambling business and transmission of wagering information - initially filed after Phua and seven other people were arrested last July at Caesars Palace.

http://www.cbsnews.com/news/fbi-las-vegas-sting-operation-judge-thr...

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