In the Matter of the Complaint   	)  August 30, 1996          
Against                          	)
                                 	)
FULFILLMENT AND PROCESSING CENTER	)
P. O. Box 3642                   	)
                                 	)
        at                       	)
                                 	)
Vancouver, BC                    	)
Canada V6B 3X8                   	)  P.S. Docket No. FOR 96-202 

APPEARANCE FOR COMPLAINANT:		Rodney T. Gould, Esq.
					Law Department
					United States Postal Service
					Washington, DC 20260-1147

APPEARANCE FOR RESPONDENT:		Michael R. Hall, Esq.
					Booker T. Evans, Jr., Esq.
					Streich Lang
					Hughes Center
					3773 Howard Hughes Pkwy., Suite 290-N
					Las Vegas, NV 89109-0916

On June 19, 1996, Tentative Decision and Order No. 96-66 was issued which concluded that in accordance with 39 C.F.R. §952.7(b), the orders authorized by 39 U.S.C. §3005(a) should be issued against Respondent. Accompanying the Tentative Decision and Order was a "Notice of Tentative Decision and Order" which advised Respondent that unless it presented good cause for dismissing the Complaint within 45 days of the date of the Tentative Decision and Order, the Tentative Decision and Order would become final.

By Answer dated July 16, 1996, Respondent filed a timely reply⁽¹⁾ to the Tentative Decision and Order in which it contends that it is not conducting a lottery but is merely offering United States addressees the opportunity to purchase six lucky numbers. Additionally, Respondent contends that the Complaint is defective and should be dismissed because it is arbitrary, capricious and unconstitutional.

Respondent has not shown good cause for dismissing the Complaint. In its Answer, Respondent admits that it sends the document attached to the Complaint as Exhibit 1, to addressees in the United States. Despite Respondent's argument that its solicitation merely offers to sell six lucky numbers, the language and format of the solicitation clearly connect the numbers to a lottery and create the impression that the fee to be remitted entitles the recipient to participate in a lottery enterprise. See Canadian Express Services, et al., P.S. Docket No. 28/149 at 5 (P.S.D. Dec. 30, 1988) aff'd P.S.D. Nov. 13, 1990; BLC Services, Inc. d/b/a Registry Bureau, P.S. Docket No. FOR 96-95 at 2 (Final Decision and Order May 17, 1996); Lottery Players Service, P.S. Docket No. 37/18 at 2 (Final Decision and Order Dec. 4, 1990).

Moreover, even though Respondent may not actually offer the addressee the opportunity to purchase a lottery ticket, its sale of numbers to be used in a lottery evidences Respondent's intimate involvement in a scheme for the distribution of money by lottery, and thus under the plain meaning of 39 U.S.C. §3005, Respondent is "engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money. . . by lottery, chance, or drawing of any kind. . . ." See Canadian Express Services, et al., supra; BLC Services, Inc., d/b/a Registry Bureau, supra; Lottery Players Service, supra.

Contrary to Respondent's contentions, no showing has been made that the Complaint is defective and should be dismissed, that Complainant's actions were arbitrary or capricious, that Complainant abused its prosecutorial discretion in bringing this action, or that an Administrative Law Judge or the Judicial Officer acted improperly in this or any other case. Finally, no showing has been made that the statute and implementing regulations under which the Complaint was filed are unconstitutional or that there has been any unconstitutional taking without due process of law.

Accordingly, pursuant to 39 C.F.R. §952.7(b), Tentative Decision and Order No. 96-66 is now the Final Decision and Order of the Postal Service.

  
				                  James A. Cohen      
	                                          Judicial Officer