Penelope Tucker Files Pretrial Motions in BetonSports Case

Legal counsel for Penelope Tucker, who was recently added to the list of defendants in the federal case against BetonSports (BoS), have filed pretrial motions.

Similar to the other defendants that have filed motions, Tucker's lawyer, Larry D. Hale of St. Louis-based Hale Law Firm, is asking for a dismissal of count one of the indictment (the RICO charge) on grounds that the indictment fails to allege a true RICO enterprise. In addition, he is asking for the charges to be dismissed based on the United States' violation of the General Agreement on Trade in Services regarding its restrictions on cross-border I-gaming..

Unlike the other defendants, however, Tucker has filed a motion asking for her trial to be separated from her codefendants to prevent prejudicial spillover. Hale argues that most of the criminal activity alleged in the indictment has nothing to with her and that her role in the company was limited.

"Mrs. Tucker's alleged involvement in the gambling activity of codefendant Gary Kaplan is limited to, at most, administrative and personal financial matters which are virtually unrelated to the RICO charges. Tellingly, Mrs. Tucker is only mentioned in three paragraphs of the 36-page, 22-count Superseding Indictment," court documents read.

Tucker's most creative motion requests the disclosure of any and all impeaching information that could serve to establish her innocence. Specifically, Tucker is requesting reports, interview transcripts or other documents relating to any statements made to any law enforcement agent or prosecutor by any witness referring or relating to the allegations in the indictment or the ongoing investigation. This information may include transcripts of Grand Jury witness testimony.

She is also requesting the name and address of any witness who may establish her innocence, mitigate punishment or impeach the credibility or contradict the testimony of any witness the government may call at the trial. The motion further requests the "rap sheets" of any witness the government may call at the trial and a slew of other information from prosecutors. No other defendant filed a motion seeking this type of information.

Tucker, who was only added to the list of defendants in June, was arrested in July. She worked for BoS at the time Gary Kaplan ran the company, and reportedly maintained a relationship with Kaplan after his departure. According to court documents from the Southern District of Florida, as late as Jan. 22, 2007, Tucker was in control of one of Kaplan's bank accounts from which she transferred funds to pay for the registration of a company controlled by Kaplan.

Click here to view Tucker's motion to dismiss count one.

Click here to view Tucker's motion to dismiss based on treaty obligations.

Click here to view Tucker's motion for severance of trial.

Click here to view Tucker's motion for disclosure of impeaching information.