Since the info in the tweet below gets cut off:
DeShawn Hanika's new attorney, Van Plumb (also reps Eyioma Uwazurike), says the Cyclone tight end is not interested in a plea deal. Plumb filed a 10-page motion Monday. Not a light read, but among interesting excerpts:
"Counsel has verified… On February 8, 2023, a Dubuque County Prosecutor made application for and was granted authority to issue a subpoena to FanDuel Group requesting account information in regard to 71 GeoComply Usernames, without listing how the usernames were obtained…This date and statement create two problems for the State.
"The first problem is that IAC 13.2(7)(d) requires the Iowa Racing and Gaming Commission be notified promptly of any suspicious activity and Section 13.2(7)(e) requires that they be notified within 72 hours of criminal activity. The Commission responded to an open records request by stating “The Commission does not have any written notifications or reports of this nature prior to May of 2023. The records we do have would have been received after that date and would be considered confidential pursuant to Iowa Code 99F.12(4)”. The fact that the Commission’s license was used to obtain data prior to February 8, 2023, yet no reports were filed until approximately 3 months later is a violation of the code sections sited above.
"The second problem is that on February 8, 2023, an Agent had already obtained 71 GeoComply Usernames yet the first subpoena issued to GeoComply was on May 18, 2023. The Agent had, obviously, already used GeoComply software which meant he/she also had access to location data, customer verification data including facial recognition, data verification, and phone identification verification. The Agent also would have been able to use the GeoComply software to build a GeoFence around targeted areas to obtain date from every citizen within that geographic area.
"A further complicating factor for the State is that the University of Iowa issued a press release on May 2, 2023, 16 days before the first subpoena to GeoComply, that a sports wagering investigation was underway involving 111 individuals, 26 of which were current student athletes. This press release begs the question, if the targeted individuals used someone else’s betting application, how had the Agent identified them prior to issuing a subpoena to GeoComply unless he/she had already been using GeoComply’s software… Also, if the Agent used GeoComply Software for a criminal investigation the Commission would have had to secure written consent from GeoComply prior to such use pursuant to the terms and conditions imposed upon them by GeoComply, yet no written consent has been provided even though it was requested in State v. Uwazerike. In fact, the State has taken the position that they are not required to provide any information as it relates to how the investigation started, how the targets were identified, whether reports or notices were filed with the Commission pursuant to the IAC, verification of the terms of use the Commission was bound by in using GeoComply Software, all subpoenas, or communications related to the investigation."
DeShawn Hanika's new attorney, Van Plumb (also reps Eyioma Uwazurike), says the Cyclone tight end is not interested in a plea deal. Plumb filed a 10-page motion Monday. Not a light read, but among interesting excerpts:
"Counsel has verified… On February 8, 2023, a Dubuque County Prosecutor made application for and was granted authority to issue a subpoena to FanDuel Group requesting account information in regard to 71 GeoComply Usernames, without listing how the usernames were obtained…This date and statement create two problems for the State.
"The first problem is that IAC 13.2(7)(d) requires the Iowa Racing and Gaming Commission be notified promptly of any suspicious activity and Section 13.2(7)(e) requires that they be notified within 72 hours of criminal activity. The Commission responded to an open records request by stating “The Commission does not have any written notifications or reports of this nature prior to May of 2023. The records we do have would have been received after that date and would be considered confidential pursuant to Iowa Code 99F.12(4)”. The fact that the Commission’s license was used to obtain data prior to February 8, 2023, yet no reports were filed until approximately 3 months later is a violation of the code sections sited above.
"The second problem is that on February 8, 2023, an Agent had already obtained 71 GeoComply Usernames yet the first subpoena issued to GeoComply was on May 18, 2023. The Agent had, obviously, already used GeoComply software which meant he/she also had access to location data, customer verification data including facial recognition, data verification, and phone identification verification. The Agent also would have been able to use the GeoComply software to build a GeoFence around targeted areas to obtain date from every citizen within that geographic area.
"A further complicating factor for the State is that the University of Iowa issued a press release on May 2, 2023, 16 days before the first subpoena to GeoComply, that a sports wagering investigation was underway involving 111 individuals, 26 of which were current student athletes. This press release begs the question, if the targeted individuals used someone else’s betting application, how had the Agent identified them prior to issuing a subpoena to GeoComply unless he/she had already been using GeoComply’s software… Also, if the Agent used GeoComply Software for a criminal investigation the Commission would have had to secure written consent from GeoComply prior to such use pursuant to the terms and conditions imposed upon them by GeoComply, yet no written consent has been provided even though it was requested in State v. Uwazerike. In fact, the State has taken the position that they are not required to provide any information as it relates to how the investigation started, how the targets were identified, whether reports or notices were filed with the Commission pursuant to the IAC, verification of the terms of use the Commission was bound by in using GeoComply Software, all subpoenas, or communications related to the investigation."