Quote:
Originally Posted by Big Bad
I get that. I just think its BS that they demanded that ROW was paid within 90 days in order for the deal to go through. And that the people they work for, have no time table at all.
It only looks like BS if you
don't get the distinction between the payment the ROW players will receive and the payment the DoJ will make to US players.
Quote:
Originally Posted by BustoPro
I suspect it went more like this:
1.) DOJ negotiated a deal with the mark (Tapie)
2.) The white knight (PokerStars) swept in and said "We can do better"
3.) The DOJ used the 90 days as justification for killing the Tapie deal
It's hard to imagine a scenario in which the DOJ actually gave a **** about the ROW. If Stars had said "Repayment within a year" the DOJ would have been completely fine with that IMO. It's *Stars* that wanted to repay ASAP, for obvious reasons.
As far as blowback now from U.S. players who still are waiting, I doubt the DOJ gives much of a **** about that either.
I think you are way off base.
Let me suggest to you that by requiring ROW players to be paid back by Stars within 90 days, the DoJ created an environment which simplified and speeded up the remission process for US players.
While a lot has been written about the considerable discretion available to the government regarding making remission payments, I do not believe that discretion goes so far as to allow the government to make payments to some qualifying victims but not to others who do not differ in qualification in a material way. For instance, I do not think the government can decide not not pay remission to people merely because their name happens to begin with a 'Q'. Even if they technically did have the power to exerise discretion in such an arbitrary way, I do not believe they would. Remission will be paid to
all qualifiying victims.
A qualifying victim is a non-related person who suffered a monetry loss due to the offence committed - in this case due to the fraud on players. That's anybody who suffered a loss due to the fraud, not just US players. Country of residence is not sufficent reason to be denied remission. Unless ROW players are somehow made whole before the remission process is announced, they will also be qualifying victims, and the government will have to administer a remissions program for more than twice as many claimantrs, and more than twice as much money. Running a remission process internationally will have a signifantly higher per claim cost. Processing many more claims will take longer. By getting ROW players covered off by Stars, the DoJ greatly simplified its task, and managed to simplify the legal framework as well (no worries about jurisdiction about fraud by Irish/Alderney companies against non-US residents.)
To avoid numerous complications, to reduce the amount of money used up by costs, and to speed up the payment of claims (remember- they probably cannot pay out anyone until all claims have been assessed), the DoJ arranged to disqualify ROW players as victims, by arranging to have them paid. No loss - no victim - no claim.
Fewer claims, and all located domestically, means a much faster remission process. By getting ROW payers paid off outside the remisson process, in a timely manner, the DoJ sped up the remission process for US players compared to what it woud have been if all players were paid by remission.
Last edited by DoTheMath; 11-02-2012 at 01:47 AM.