Saturday, May 4, 2013





 
SWEEPSTAKES RAID - PAT AHUMADA VS. DA LUIS SAENZ - THIS IS HOW PAT AHUMADA WANTS THE ISSUE PHRASED

Just got the press release on the pictures of the raid -

http://www.flickr.com/photos/cameroncountyda/sets/72157633401671135/

Click for Pat Ahumada's mug shot from the police department.

http://brownsvillepd.blogspot.com/

Apparently this raid was not a surprise to Pat Ahumada. He knew it was coming. In fact he hired Jose Angel Guerra to be his attorney. On May 1, 2013, cause number 2013 DCL 03324, filed in Judge Lopez's court, Pat Ahumada by and through his counsel sought a TRO. I cannot tell you who will win this in the end, but I can tell you again - a local attorney showed just how little he knows about the law.

In the past when a judge has refused to either grant or deny a TRO the day it is filed, I have gone to the Court of Appeals on Mandamus and obtained emergency orders to protect my client.  Pat Ahumda chose to hire an attorney who does not know the law on TRO's and how to force rulings.  Had he had competent counsel it is very well possible his business would still be up and running.

A hearing will be had on May 15, 2013, at 8:30.  I will be in the Villalobos trial so I will not make it.  I asked Pat Ahumada about getting a hearing and he claimed no hearing was set.  I had no problem finding this information on the Internet using county records.

Pat Ahumada spent three hours in jail before bonding out.  He was at the press conference.  I  cropped the picture because to his right was a woman complaining that she goes to Willacy county to gamble and that the DA has better things to do than prosecute these cases.

Pat Ahumada was evasive and indignant about answering key questions.  He wanted his camera time - but only to put out his spin.  DA Saenz answered every one's questions, even those I asked which raised questions in Pat Ahumada's favors.  I interviewed Pat twice - once before the press got there and then again when he held his own press conference.

Here is his deal.  He claims he runs an Internet Cafe, and not a gambling establishment.  He wants you to believe people come to his business and buys Internet time to read emails and other such things.  He does not stress the gambling part.  He says it is not gambling.

Pat Ahumada claims he cleared his business through law enforcement.  He claims just last week the Brownsville Chief of police told him everything is legal and that he did not know where DA Saenz was coming from on this.  I am sure the Chief will be hearing from DA Saenz shortly.

HOW IT WORKS

Here is how it works.  People put money on a card - a $100 - they can then play the games he has on his computers.  The games pay out cash, when you win.  At the end of the night he pays out on what is left on the card - well maybe - there is confusion there.  DA Saenz says that patrons  complained that if they buy $100 on the card, but only play $20 and want to leave, Pat Ahumada does not refund the other $80.00. This makes no sense to me because I also understand that to get your winnings you cash out the card at the end of the night.  There has to be more to this part.

Understand these programs are owned by Pat Ahumada's business.  He is not sharing the winnings with some off-shore Internet gambling business.  I tried three times to get a straight answer from Pat on this issue and he refused to answer the question.  I finally turned and went back to DA Saenz and he explained how Ahumada makes his money.  If you have nothing to hide, why not just say"I own the programs on the computer - they cannot be fixed - if you win you get paid - if you lose - well you lose."  He would not give a straight answer.  He just kept on saying he is a legal Internet Cafe where people come to use the Internet -  read emails - read newspapers.  Why would people pay him for such things when it is free at the library?  Answer they are going for the gambling - but to be clear Ahumada claims the way his programs run it is not gambling. 

In a bizarre statement Ahumada claims DA Saenz needs to shut down Home Depot because if you complete an online survey after a purchase you are put into a quarterly drawing for $5,000.  I do not shop Home Depot to get a receipt to chance winning the $5,000, wherein the odds are very slim - I shop Home Depot to buy indoor French doors to place in the entrance way to my living room.  I actually did that yesterday.

Valley Central originally reported both facilities were owned by Pat Ahumada.  This is not true.  Only the Brownsville facility is owned by Pat Ahumada. 

A LEAK

It is not known if Pat Ahumada, his attorney, or someone within the investigation leaked the raid to Valley Central.  Valley Central was given a heads up, but not by law enforcement.  The matter is under investigation.

THE RAID

Between the two raids about 200 computers were seized.  The DA intends to sue for forfeiture.  Unlike the 8 Liners they will not be destroy. They will be cleaned and be put to better use for the community.  Computers, unlike 8 Liners do have actual usefulness.

Any money seized will be used to defray the costs of the investigation.

WHY PAT AHUMADA

Pat says it is a vendetta.  DA Saenz lost the $26,000 check case and now according to Pat Ahumada is pursuing him as a vendetta.  During the last raid DA Saenz clearly stated the Sweepstakes places were next.  DA Saenz went on the record as stating Pat Ahumada's place was chosen because he is high profile and that by choosing Pat Ahumada it sends a strong message to the rest of the Sweepstakes establishments.

These are not DA Saenz words by mine - the message was clear - no sacred cows.  Why spend a  fortune taking down one at a time when you can take down a high profile establishment and send a clear message to the rest?

Finally, for now patrons have not been  charged.  But in the future they may very well be charged.  They now have fair warning.  If they want to continue to play at 8 Liners and Sweepstakes they have been warned -  they may be charged with a crime.

MY HATS OFF TO ALL LAW ENFORCEMENT ON THIS ONE

No sacred cows is how you clean up a community.  High profile hits are normal and the claim of vendetta is just stupid.

I cannot tell you how this will play out.  The first hint will come on the 15th when Judge Lopez rules on the TRO.  I am very tired - 5 hours sleep and very busy.  I cannot remember the rule, but once charged a TRO may not be possible.  I will research the issue tomorrow - for now I have a very difficult and long day.

Remember being charged with a crime does not make you guilty.

4 comments:

Anonymous said...

Pat say he doesn't run a sweepstakes, but the photos show signs at his business that say "sweepstakes" or "Goldmine Sweepstakes."

Michael Cowen said...

The "internet cafe" defense didn't work out too well in U.S. v. Davis. http://www.ca5.uscourts.gov/opinions/pub/11/11-40265-CR0.wpd.pdf

BobbyWC said...

Sorry for the late approval of all comments - I have been out all day dealing with a private family matter.

I am back - but going to bed

Bobby WC

BobbyWC said...

Pat Almight was found not guilty in the check case - I cannot allow for comments which state he stole the $26,000 dollars

Bobby WC