JEFFERSON CITY — A lawsuit by Wildwood-based Torch Electronics against a southwest Missouri prosecutor followed the seizure in June of its “gambling machines†from a Springfield convenience store, according to court documents filed last week.
Greene County Prosecuting Attorney Dan Patterson said the Missouri Highway Patrol searched and seized “multiple gambling machines owned or operated†by Torch on June 15 at the AM-PM Food Mart after a Greene County judge signed off on a search warrant for 15 machines.
A subpoena was also issued to the company, directing it to supply documents to prosecutors on July 16, but the company “failed to comply,†filing a motion to quash the subpoena and asking for a protective order, court documents said.
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The court battle is the latest evidence of increasing scrutiny on Torch, even as it has injected hundreds of thousands of dollars into Missouri politics and retains high-power lobbyists to kill proposals intended to crack down on unregulated games.
Patterson’s recent court filing also said on Aug. 12, a judge found probable cause that one of Torch’s machines that had been seized “contained evidence of a crime†and issued a warrant seeking the machine’s “digital information.â€
Torch, in its bid to stop the investigation, filed on July 15, said its machines are legal “amusement devices.â€
“Compliance with the subpoena would be unreasonable and oppressive, as Torch is legally entitled to own, operate, and license its amusement devices under Missouri law,†the company’s lawsuit said.
In response, Patterson said based on recent court conclusions, “there is substantially more than a reasonable possibility that [Torch’s] machines are illegal gambling machines.â€
Patterson cites three recent court findings to support his claim: a Platte County judge’s ruling last year against another unregulated gaming company, a probable cause finding in Linn County that the company broke state gambling law, and the Greene County decision that there was cause to believe Torch’s “gambling machines and their digital contents are evidence of crime.â€
Patterson, according to the subpoena, was seeking information covering a one-year period ending June 14, 2021.
Patterson wanted copies of contracts between Torch and third parties that have placed or operated games in Greene County, revenue records, operating manuals and related information, and contracts between Torch and for games in Greene County.
Torch’s lawsuit said the subpoena “lacks appropriate limitation†and would force the company to turn over “privileged information.â€
Patterson said he would no longer seek any records between Torch and its attorney included in his request for operating manuals “or other documentation describing the use or operation†of games.
Torch in February initiated a similar legal battle against the Missouri Highway Patrol, suing in Cole County Circuit Court in an effort to stop the officials from seizing its devices. The case is pending.
The company, along with Warrenton Oil, which hosts Torch’s games, funneled more than $275,000 in June to political action committees tied to former Missouri House Speaker Steve Tilley, who is a lobbyist for Torch, according to the state ethics commission.