FARGO - Federal prosecutors have asked that a Moorhead, Minn., attorney be disqualified from representing anyone in their case against this city's Racing Services Inc.
Attorney Dennis Fisher is representing Raymundo Diaz, vice president of finance for the beleaguered simulcast horse-betting company, and Diaz's company, Global Contact Inc.
Fisher said he expects to file a response to the motion early next week.
"We'll oppose it, of course," he said.
Diaz and Global Contact, along with Racing Services and its founder, Susan Bala, have pleaded not guilty to 12 federal charges alleging conspiracy to conduct an illegal gambling business and money laundering.
They also face one felony count each for allegedly running an illegal off-track betting site.
Federal authorities say Racing Services had an illegal betting shop in Fargo that took in $99 million in wagers from October 2002 through April 2003.
In court documents, prosecutors said Fisher has conflicting interests in the case because he has represented other Racing Services officials and the company.
Prosecutors said Fisher "has obviously gotten confidential information from some or all of them and thus Fisher has a direct conflict of interest which precludes him from representing any one of the five entities."
When asked if he believes there's a conflict, Fisher said "It's for the judge to decide."
U.S. Attorney Drew Wrigley said such conflicts happen often, "but it's a little bit unique in this situation."
The state Racing Commission voted last month to give the state's horse racing broadcast license to another Fargo company, Lien Games.
Posted in State-and-regional on Saturday, January 10, 2004 6:00 pm Updated: 7:11 pm.
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