Full Tilt Poker (“FTP”), one of the biggest poker websites worldwide has been named, along with several members of FTP Team, in a racketeering lawsuit filed by Lary Kennedy aka PokerGirl_Z and Greg Omotoy aka Greggo777, a nightclub manager at Elevate Lounge (collectively “Plaintiffs”) who allege to have been defrauded by the online poker site.
The lawsuit entitled, Lary Kennedy, et al. v. Full Tilt Poker, et al., Case No. BC 423036 was filed on October 1, 2009 in the Superior Court of California, County of Los Angeles by Beverly Hills attorney Cyrus M. Sanai. (Mr. Sanai credited himself as a major player in exposing United States District Court Judge Alex Kozinski’s publicly accessible website featuring sexually explicit photos and videos in June 2008.) The two poker players claim that after opening an account at fulltiltpoker.com and raking in winnings of more than $80,000, FTP confiscated the Plaintiffs’ money.
FTP contends that the funds were seized after an investigation which lead to the conclusion that Plaintiffs’ style of play was consistent with that of a “Poker Bot. The site forbids any form of cheating, which includes the use of robots and collusion with other players. FTP also asserts that one of the players had at least one other account at FTP in further violation of its policies. FTP and co-defendants Patrik Antonius, Andy Bloch, Allen Cunningham, Chris Ferguson, Perry Friedman, Phil Gordon, Gus Hanson, Phil Ivey, John Juanda, Howard Lederer, Erik Lindgren, Mike Matusow and Erik Seidel (the only female player on the FTP team, Jennifer Harman, escaped being named in the action) have over a month to file their respective responses to Plaintiffs’ Complaint, which includes allegations that FTP manipulates the game through the use of Poker Bots of its own as props to fill seats and as an element of chance and/or other unpredictable outcome rather than a controlled game of skill, in violation California Penal Code sections 330-337z, et seq.
Given the controversy over the legality of internet gaming websites and the concerns in the poker community over the existence and use of Poker Bots, the outcome of this lawsuit (should it survive the procedural and statutory challenges that are sure to be brought on by an all star defense team) could possibly have significant consequences for on-line gaming.
See also, the related article:
Are Poker Robots the Real Deal and Do They Impact the Odds?
Comments
I'm pretty certain that the defendants did in fact use poker-bots, so if this somehow gets to trial it will be essentially be a case of "Are Poker-bots legal?" If they are deemed legal, than FT's terms of agreement could possibly be considered null & void... interesting ramifications for the online world. However, the negative connotations are not needed as online poker's day in congress approaches.
You are exactly right with regard to the negative connotations. This should certainly cause problems with getting on-line poker back to the way it was.
Hell hath no fury like a "Pokergirl" scorned, I guess. This is a dramatic way for two cheats to try to "get back" at the company that caught them.
What they have done, in actuality, has possibly stopped *any* efforts by the PPA, Barney Frank, and other online poker friendly politicians dead in their tracks.
This penny-ante lawsuit (which could very well end up in criminal investigations and the knee-jerk bill passing) may be the single-most damaging thing to the online poker industry in the United States, including the mess at U.B. and Absolute.
I will in the interest of full disclosure tell you that I know many of the named defendants personally and believe them to be honest people and that if Full-Tilt caught the plaintiffs cheating, they WERE cheating. The "Big Three" don't just shut peoples accounts down without a very good reason, and a lot of proof.
Thanks "Pokergirl". Your cheating scam may have cost us all
Rick "The Voice of Poker" Charles
www.voiceofpoker.co
The complaint is poorly written and was NOT brought on behalf of a class (although some of the language implies that Plaintiffs’ attorney THOUGHT he was doing so). This complaint will most likely be answered then removed to Federal Court (rather than demurrer to). Although one would think that a demurrer would be forth coming, the complaint is so poorly written it would be better to simply answer in state court, then remove the matter to federal court on the grounds of diversity. Awards in federal court are generally smaller than in state court. The complaint can quickly be challenged on a motion to dismiss or motion for summary judgment. Double jeopardy also applies in civil actions. Once dismissed with prejudice or once judgment is entered - this case is gone. Plaintiffs’ OWN WRITTEN ADMISSIONS that they traded accounts is collusion and cheating under the FTP TOS and more than enough grounds for FTP to have suspended the accounts and seized the funds.
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