by LAWRENCE MESSINA, Associated Press Writer
3 months ago | 653 views | 0

|
1 
|
|

The West Virginia Lottery Commission allowed indicted ex-Logan County delegate Joe C. Ferrell and his business, Southern Amusement Co., to keep its video terminals license. The West Logan-based business distributes around 640 poker- and slot-style machines to 128 bars and clubs. Those devices bring in $2.3 million a month with the company’s share estimated at $600,000. The U.S. Justice Department plans to seize at least $5.5 million from Joe C. Ferrell and his Southern Amusement Co. if they’re convicted on pending felony charges. A federal judge has ordered their assets preserved. Photo/Martha Sparks
slideshow
CHARLESTON (AP) — Federal prosecutors could enjoy a hefty payday from an indicted video lottery operator after West Virginia regulators decided Wednesday to leave its license intact.
The U.S. Justice Department plans to seize at least $5.5 million from Joe C. Ferrell and his Southern Amusement Co. if they’re convicted on pending felony charges. A federal judge has ordered their assets preserved.
Mindful of that court order, West Virginia’s Lottery Commission opted not to act on a proposed suspension of the license that allows Southern Amusements to lease ‘‘limited’’ video terminals to retailers.
One of the Lottery’s biggest operators, the Logan County-based business distributes around 640 poker- and slot-style machines, or about one out of every 12 statewide, to 128 bars and clubs. Those devices bring in $2.3 million a month, with the company’s share estimated at $600,000. The government’s take is around $1.2 million, or about 6 percent of statewide revenues.
Ferrell, 62, and Southern Amusement were indicted on a total of 48 felony counts that include racketeering, illegal gambling and the bribing of a Lottery inspector.
Commission members acted Wednesday after fielding advice from the state attorney general’s office. Lottery officials declined to detail that advice to reporters, saying they did not wish to waive lawyer-client confidentiality.
But Commissioner Michael Adams cited that counsel while noting that the criminal trial is scheduled for Aug. 24.
‘‘With the federal trial for Southern Amusement starting next month, I would recommend to the commission members that we should not take any action,’’ Adams said.
Lottery official later said they were unaware that prosecutors and defense lawyers for Ferrell and Southern Amusement jointly asked U.S. District Judge John T. Copenhaver Jr. on Monday to postpone the trial until February.
No ruling from Copenhaver on the request had been posted as of Wednesday. A lawyer for the Lottery, Monica Robinson, said such a delay would probably not alter the commission’s decision.
Lottery Director John Musgrave had asked the commission at its June meeting to suspend the license. Commissioners instead sought the attorney general’s advice, to ensure they did not run afoul of Copenhaver’s order.
John Melton, the Lottery’s general counsel, had told the commission at that meeting that neither he nor the federal prosecutors handling the case believed a suspension would violate the order. He also noted that Southern Amusement or its retail customers could challenge any suspension, and seek a circuit court ruling freezing the suspension pending the criminal case’s outcome.
Ferrell, a former seven-term Democratic lawmaker from Logan County, bought Southern Amusement in 1995. The indictment alleges he allowed its video poker and slot machines to pay out illegally until the Legislature outlawed those devices and replaced them with Lottery-run versions in 2001.
Ferrell, 62, later ran illicit gambling in neighboring Kentucky, the charges said. The bribery-related counts allege he paid an inspector who then ignored Lottery violations at Southern Amusement and its retail customers. She also repaired the company’s machines without the agency’s approval, both while on the clock and after-hours, the charges allege.