Phillip Clark Pros And Cons

WRITING SAMPLE

The sample enclosed is a section of a petition for writ of certiorari to the Supreme Court of the United States. The case involved a white-collar federal gambling prosecution of first impression within the Fifth Circuit, United States v. Davis, 690 F.3d 330 (5th Cir. 2012). I represented defendant Phillip Clark throughout the entire federal criminal process in this case including: pretrial, jury trial, sentencing, appeal, oral argument, rehearing, en banc rehearing, petitioning the Supreme Court, and remand for resentencing.

By way of background, a jury found Phillip Clark guilty of federal gambling violations, conspiracy, and money laundering, for operating Internet sweepstakes businesses across Texas. The prosecution resulted from an extensive multi-year investigation conducted by six federal and state

Consistent with this nationwide support, over the years, the Texas Legislature has protected sweepstakes businesses with unwavering support. On three separate occasions, the Texas Legislature introduced bills that would ban or label electronic sweepstakes as “gambling devices.” All of these bills failed to pass. Id. This deliberate rejection highlights the Legislature’s clear intent: computerized sweepstakes promotional devices and operations are legal. In this case, Clark’s actions were too.

Likewise, Texas state and federal courts have increasingly supported these operations. In several recent cases, state and federal courts have considered the legality of electronic sweepstakes games—all of which are similar in operation to those at issue in this case—and ruled they were legal. American Legion Knebel Post 82 v. Tex. Alcoholic Beverage Comm’n, No. D-1-GN-10-003084 *1 (261st Dist. Ct. Travis County, Tex. Oct. 14, 2011), (App. 43a); In the Matter of $1,189.51 U.S. Currency, No. 2009-01-160-A at 2-24; G2, Inc., 485 F. Supp. 2d at 770-74, (App.