New Plans for Tapie and Online Poker ?

Last week, it was reported that negotiations between Groupe Bernard Tapie, Full Tilt Poker and the U.S. Attorneys Office, SDNY,  had been formally terminated. It had been reported for months that the deal between the three would have allowed the forfeiture of assets of the FTP companies to the US DOJ, and the eventual resale of those assets to GBT, culminating in the (re)launch of the “New Full Tilt Poker” and the repayment or otherwise “making whole” of rest of world player’s account balances via the new site. We know now that that scenario is no longer a possibility.

The information that the “deal” had died was initially leaked by an anonymous poster on the twoplustwo poker forum, and once it picked up considerable interest and comments, Mr. Laurent Tapie, who had been the negotiator for GBT, issued a media release, published widely among the poker community, with his explanation of what happened and why.  Included in that media release was Mr. Tapie’s statement:

“For that reason, unless a concrete and legally viable solution is found in the very coming days to save the employees and repay the players of FTP, we will move to our own plan of action.”          Continue reading

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The GBT Repayment Plan, Fact vs Fiction

 

Today it was widely reported that Groupe Bernard Tapie could not, in the end, come to terms with the U.S. Attorneys Office nor Full Tilt Poker, in a deal that has been for months, expected to make repayment to former FTP players, while launching the “New Full Tilt Poker”.

The following statement was issued to the media today by Laurent Tapie on the subject:

Groupe Bernard Tapie regrets to announce that, after seven months of intensive work, our efforts to obtain final approval of the United States Department of Justice of the agreement to acquire the assets of Full Tilt Poker have ended without success.   Continue reading

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Full Tilt and DOJ Terminate Agreement with Groupe Bernard Tapie to Protect Players Interest

After months of watching Groupe Bernard Tapie (GBT) take steps that would allow the group to purchase the assets of Full Tilt Poker from the U.S. Department of Justice, the DOJ and FTP have now cut Tapie loose by terminating their agreement.

In a statement given to DiamondFlushPoker.com, FTP attorney Barry Boss, of Cozen O’Connor, offered the following statement:

“To address issues reported today in the media and on blogs, Full Tilt Poker confirms that its agreement with Groupe Bernard Tapie has in fact been terminated.  Despite this development, Full Tilt Poker is more optimistic than ever that its number one goal will be obtained: Full Tilt players will be repaid. Full Tilt Poker has been in settlement discussions with the US Department of Justice.  As such settlement discussions are always confidential, we are unable to comment on any rumors related to the details of those discussions.  As soon as we have information to share publicly we will do so.”   Continue reading

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Daniel Tzvetkoff spotted in New York City

The Australian daily newspaper, The Courier-Mail, reports today that they spotted former internet and payment processor whiz kid Daniel Tzvetkoff  strolling with his family in New York’s Chinatown district yesterday.

Tzvetkoff, the founder of Intabill, the major payment processor used by each of the major online poker companies to process transactions to and from U.S. customers for several years, was arrested in Las Vegas in 2010.  Shortly thereafter, New York federal authorities had him transferred to New York, and the issue of bail, which was originally granted by a Las Vegas Magistrate Judge, was revisited and the order stayed, based on concerns that Tzvetkoff would not appear to face his charges.        Continue reading

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PokerStars briefly brings PokerTableRatings domain down, site resurfaces in compliance

 

Following reports earlier this week that PokerStars declared war on data-mining giant PokerTableRatings.com, yesterday the PTR domain went down, then back up and eventually was edited to remove PokerStars from it’s database.

Lee Jones, the PokerStars Head of Home Games, just a few days ago revealed that the company has sent multiple “cease and desist” letters to the people and companies behind the site advising that they”must immediately cease infringing our intellectual property rights and breaching the terms and conditions of our software”.

Jones posted on the two plus two poker forum that this is “not an idle threat”, and that attorneys in multiple jurisdictions are working on the case.        Continue reading

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Class Action Suit filed against Ferguson and Lederer

Last June, online poker players Todd Terry, Nick Hammer, Robin Hougdahl and Steve Segal filed a class action lawsuit  in the Southern District of New York, alleging RICO violations against the Full Tilt companies and various individuals, some of which were Full Tilt shareholders. There were several motions by both the defendant companies and the individuals to dismiss the charges based on lack of jurisdiction and failure to state a claim, and in January 2012 Judge Sand did indeed dismiss  the claims against the individual defendants Continue reading

Footnotes

  1. Claims were dismissed against J. Juanda, Howard Lederer, Chris Ferguson, Jennifer Harmon Traniello, Erick Lindgren, Eric Seidel, Andy Bloch, Mike Matasow, Allan Cunningham and Phil Ivey.
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Campos and SDNY, Is a Deal really a Deal?

It’s been rumored since yesterday that John Campos, the Utah banker charged with six felonies in the Black Friday criminal case, came to an agreement with the USAO in the Southern District of New York, to enter a guilty plea to one single misdemeanor charge in settlement of the case against him.

Today, when the parties went before Judge Lewis Kaplan to present the plea, they got a surprise when Kaplan did not readily accept it.

According to an Associated Press report, Kaplan queried the government: “You’re basically walking away from the prosecution?” and then proceeded to remind all parties that he has the right to reject any plea brought before the court.      Continue reading

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Ramifications of the Trial That Never Took Place

Yesterday, Chad Elie entered a guilty plea to one charge of conspiracy to commit bank fraud settling the criminal case against him. He agreed to accept a sentence of 6-12 months in prison, and forfeit $ 500,000. If he were to be found guilty of all charges at trial, violations of UIGEA and IGBA, conspiracy to commit bank fraud, conspiracy to commit wire fraud, and money laundering conspiracy, potential maximum penalties exceeded 50 years and forfeitures probably in the tens of millions of dollars.

Today, John Campos, the Utah banker charged with agreeing to process payments for poker transactions and allegedly accepting investments from the processors into the struggling SunFirst bank where he was an officer, is rumored to have made an agreement to plead guilty to a single misdemeanor charge to settle his case.  Campos faced money laundering charges along with violations of the UIGEA and IGBA. If found guilty of all charges, he could have been looking at a maximum sentence of over 30 years.         Continue reading

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Breaking News: Elie Changes Plea to Guilty in Black Friday Case

With jury selection in the ‘Black Friday’ online poker trial only two weeks away, in a surprise development today, Chad Elie changed his plea to guilty.

Elie, one of only two defendants poised to take the fight to the courts, appeared today in  New York  Federal Court, pleading guilty to one count of conspiracy levied in the Black Friday case against him.  He was originally charged with violations of the Unlawful Internet Gambling Enforcement Act (UIGEA), operation of an illegal gambling business, (IGBA), conspiracy to commit bank and wire fraud, and money laundering.

Elie, becomes the fourth defendant to plead guilty since Black Friday. As part of his plea agreement  he reportedly now faces 6-12 months in prison and has agreed to forfeit $500,000. Sentencing is scheduled for October 3, 2012.

John Campos, the Utah banker, is still scheduled to go to trial commencing on April 9.

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Elie, Campos and SDNY Issue Their Final Responses to Motions

In their final pleas to the court re evidence to be admitted at trial, the government and the defense have filed their responses to the motions in limine.    The government contends that admission of Elie’s alleged theft of $ 4 million from PokerStars via payment processing bank accounts he shared with other processing partners is direct evidence of the charges and explains the co-conspiratorial relationship he had with others.  Elie’s position is that his prior internet marketing businesses,and the financial disagreements he had with his partners in those businesses, are unrelated to poker or any of the charges in this case. Further, defense claims the government neglected for almost a year, despite being a request from the defense, to provide the necessary notice that they planned to pursue such an avenue of  evidence relating to the alleged “dubious or illegal” nature  of Elie’s  business practices.  Finally, says Elie, while the government “may be concerned that the jury will question the wisdom and merits of a prosecution about online poker”, and the government may fear ”jury nullification”, the defense will only be producing evidence that conforms to the court’s rulings as to the skill involved in poker and the mens rea requirements of the charges, so asking the court to preclude certain evidence is premature, especially in light that Elie has no intentions of using prosecutorial motivations or jury nullification as part of the defense. Campos responds to the government’s motion,  that their plan to introduce a story of uncharged crimes “more nefarious than the charged crimes of unlawful processing of poker”, including alleged banking regulation violations, tax evasion, insider loans and theft from fellow bank investors, has no place in this trial, and has nothing to do with the charges in this case.         Continue reading

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