16th July 2012, 8:47 PM
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Poker at: PS play cash
PokerStars Files To Dismiss Civil Charges
| PokerStars, Full Tilt Poker Execs File Motions to Dismiss Civil Case |
On Tuesday, PokerStars filed a motion to dismiss civil charges filed against a number of the company's subsidiaries last September.
PokerStars argues that the amended civil complaint invokes "shady dealings and far-reaching conspiracies" regarding PokerStars' prior operations in the U.S. PokerStars says the complaint suffers from three major flaws:
eGaming Review suggests that the filing could pose a threat to the pending discussions with the Department of Justice over the purchase of Full Tilt Poker. However, if the motion is approved by a federal judge, it could open the door for PokerStars to complete the takeover of its former competitor.
First, it does not provide adequate detail to satisfy the heightened pleading requirements applicable to civil forfeiture and fraud actions. This vagueness fails to do what pleading rules require: Let PokerStars know what it is alleged to have done wrong so that it can marshal its defense. |
Second, the Complaint fails to state a legally viable theory of how PokerStars violated the Illegal Gambling Business Act, the wire- and bank-fraud statutes, and the money-laundering statutes.
Third, although the Government admits that PokerStars operated legally throughout the world – and has implicitly conceded that it has lawfully provided services in much of the United States – it seeks to seize all of PokerStars’ assets without showing that this Court has in rem jurisdiction over those assets and without attempting to separate PokerStars’ lawful income from the income that the Government alleges PokerStars earned through illegal activities.
Meanwhile, as Ray Bitar's attorneys were working out a bail package with federal prosecutors on Tuesday, three other members of the Full Tilt Poker board of directors filed motions to dismiss the civil charges brought against them by the Department of Justice.
Howard Lederer, Chris Ferguson and Rafe Furst each filed motions to dismiss the amended civil charges claiming they defrauded players out of more than $300 million and operated "global Ponzi scheme." The motions are based on two arguments. First, that the allegations that the men participated in a scheme to defraud FTP’s customers are nowhere to be found. And second, that Full Tilt Poker did not fall under the Illegal Gambling Business Act.
"The Government has not proven that the alleged 'gambling business' conducted by Full Tilt Poker is illegal in the place where that business is conducted," states the filing.
Here's an excerpt from Lederer's motion to dismiss:
Similar filings were submitted by Ferguson and Furst on Monday. A motion was also filed on behalf of Telamonian Ajax Trust, a bank account in Switzerland that was tied to Furst. The bank account was seized last September when the DOJ filed an amended civil complaint against the FTP board members.
How, exactly, did he mislead players regarding their deposits and accounts? What did he say to them, and when did he say it? Was any information Lederer allegedly provided false when given, and if so, did Lederer know it? The government doesn’t say. The only specific factual allegations against Lederer are that he co-founded FTP and helped build it into a successful business, and that he received distributions as part-owner of the company. These allegations fail to state a fraud claim—or any claim—against Lederer.
Hummm i beat Debi to posting this But it was Debi's post on Stars that had me look for news on stars
I just hope this is good news.