Update: Sentencing Delay Sought by Black Friday Indictee

New phase in the trial to Brent Beckley

The latest report from the trial to one of 11 online poker professionals indicted in Black Friday action, former Absolute Poker finance exec Brent Beckley (31), includes news that his legal team requested a delay in sentencing in order to prepare arguments against a possible increase in his punishment.

At first, Beckley (31) entered a guilty plea of conspiring to violate the Unlawful Internet Gambling Enforcement Act and committing bank fraud in December 2011, but did so as he expected his sentence to be 12 to 18 months imprisonment.

On the occasion, judge Ronald Ellis ruled that he could be released on bail pending sentencing.

However, in May this year, instead of passing sentence on the agreed plea, Judge Lewis Kaplan of the United States District Court, Southern District of New York stated that he wants to consider an upward revision of the penalty, postponing sentencing to June 28.

According to Judge Kaplan, there is “an aggravating circumstance in this case of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines.” In addition, he assessed the pecuniary level of the offence as an influencing factor, since Beckley knowingly breached the U.S. law.

Therefore, prosecutors and defendant were required to argue against such a "departure from sentencing guidelines" by June 18 and June 8 respectively, so on June 4 Beckley's lawyers requested an extension of this deadline to July 23, to which the prosecution did not oppose.

Still, sentencing may not come before September, as the court documents indicate that both sides have previous commitments. So far, one outcome’s certain – that Beckley will forfeit $300,000 as part of his plea deal, a fact that will also be taken into account.

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