The Virginian-Pilot
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VIRGINIA BEACH
The corporation that ran the smallest of several Internet gaming cafes targeted by a police raid last September was convicted Wednesday of operating a gambling enterprise, in an agreement that shuts it down.
Thomas Jefferson Harris III, the president of TJ & J Interprises Inc., pleaded guilty for his corporation to one count of operating a gambling enterprise, acknowledging in court Wednesday that his company ran an illegal gambling business. This was the first case stemming from the September sweep to be resolved. A grand jury had indicted a total of seven individuals and companies.
Under the terms of the plea agreement, the company forfeited the 25 computers and video game machines that police seized and must avoid any future business with gambling, entertainment, retail or donation centers in the city. In exchange, prosecutors agreed that they wouldn't pursue any legal action individually against Harris, his wife or any shareholders or employees of TJ & J.
Their cafe, on Pleasant Valley Road, operated under the name TJ & J Faxing and Copying.
By state law, a person could be punished with up to five years in jail if convicted of a similar felony count. But a corporation faces fines and forfeitures. "We made the point that this type of operation is illegal in Virginia Beach," said Virginia Beach Commonwealth's Attorney Harvey Bryant.
The outcome of the TJ & J case provides some indication of how the remaining Internet gaming cafe cases may be resolved. Those cases are scheduled for later this month and in August.
Sweepstakes cafes popped up throughout South Hampton Roads last year and occupied a murky area of law.
Virginia Attorney General Ken Cuccinelli had issued two advisory opinions based on different hypothetical business situations and reached different conclusions. Each operation needs to be "considered on a case-by-case basis," Cuccinelli wrote in an Oct. 15 opinion.
In Virginia Beach, authorities shut down sweepstakes cafes; in Chesapeake, they took no action.
One sweepstakes cafe had a framed letter signed by Virginia Beach Sheriff Ken Stolle that said it was his opinion that the technology used for the games was legal under Virginia law.
The General Assembly eventually got involved and this year passed legislation making it clear that these cafes are illegal.
If prosecutors had tried to convict the business owners, instead of the business in most of the cases, Cuccinelli's two opinions and Stolle's letter would have been part of the debate, said Edwin Booth, TJ & J's and Harris' attorney.
"It would have been the statute on trial," Booth said.
Deirdre Fernandes, (757) 222-5121, deirdre.fernandes@pilotonline.com
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Priorities....
I wonder how many drunks, drug dealers, and other violent criminals and social deviates were able walk out of court with a slap on the wrist while Harvey's office spent so much time and manpower prosecuting someone for something that was not even illegal according to State regulations. Obviously these people would have better off with a "connected" criminal lawyer.
hey Harvey !!!!
wow thanks, I'll sleep better tonight knowing were puttin precious Bucks$$ into this.....just dont have the time to shut down the crack/meth dealers on South Lynnhaven eh?? Shucks they're out there workin in broad daylight....guess thats the best place to hide...in plain view
grown up bullys
This was a sham deal from the start. These days we are trying to make strides against bullies in our schools and here we find the bullies have grown up and found some authority or maybe the Va Beach Commonwealth attorneys were themselves bullied in school and are trying to get back at the world. Instead of waiting for the the General Assembly to rule on this issue which they did this last session some boot strapping folks had to kick down some business folks doors who had business licences to do what they were doing to make some news. Now after all the trauma these business were put through they are just told to not do this anymore which the general assembly leglestion would have done in a nice orderly, legal, and respectful manner.
??
Dumb. I bet they'll go after the comic book stores next because the kids competing/buying Pokemon cards could be seen as a form of gambling. Nevermind the drug dealing, assaults, or break ins. Kids playing Xbox or Pokemon = serious trouble.