On Friday, an Iowa prosecutor filed a motion to dismiss sports wagering charges against four NCAA athletes.
The four athletes were all from Iowa State University and were charged with identity theft and aggravated misdemeanor tampering with records. The Iowa Division of Criminal Investigation (IDCI) had identified all four major crackdowns involving more than two dozen student-athletes betting on sports.
The lead prosecutor was forced to file a motion to dismiss once it was revealed that the IDCI overstepped its bounds when using tracking software to find the illegal betting. Defense attornies for the Iowa State athletes proved that the IDCI did not have probable cause when they began tracking the betting activity of these athletes.
"Due to this newly discovered evidence, the State no longer believes further prosecution in this matter is in the interests of justice," county attorney Benjamin Matchan wrote in the motion.
While the case will be dropped, the result will be felt nationwide. Each state is working hard to curb illegal sports betting, which primarily involves the use of tracking software.
The four Iowa State athletes took a considerable risk by fighting the original charges stemming from illegal sports betting. They were part of a group of over two dozen student-athletes in the state who were charged, but the rest mostly settled and accepted plea deals to have the more severe charge of identity theft dropped.
The four athletes risked possible jail time to fight the severe charges by not taking a plea deal from the state.
Their decision to fight paid off and has put regulators across the state in a tricky spot. Not only will it set more firm rules for investigating illegal gambling, but it will also put their original prosecution tactics into question.
Some defense attorneys have accused Iowa of using identity theft charges as a way to force their clients into plea deals. Those voices have only been amplified since IDCI’s illegal investigation tactics were discovered.
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