Clonie suing Full Tilt - Page 46 - Poker News

**venice10** · 01-07-2009, 04:51 PM

Quote:

Originally Posted by uclabruinz

My immediate thoughts on the motion....

Not well written at all. Long on hyperbole, short on applying the facts to the law. A motion to dismiss essentially says, "even if this is all true, we win" (there are other reasons as well, some of which are cited in this motion). Here, they do a very poor job of laying out the facts and law for the judge, and seem more focused on giving less then subtle hints to the judge. Maybe they know something specifically about this judge, but most judges don't want the superfluous stuff, they want facts applied to law with citations. I don't even think there was one citation to a case or statute in the section about the first cause of action (the most important one). They should have laid this out for the judge much better.

That being said, there is an unfocused but valid basis for the motion, and I would not be surprised to see it succeed, especially in regard to the individual defendants, giving Clonie leave to amend her complaint to fix its deficiencies.

Those are my random, immediate thoughts.

My read on this is that they are really look for the judge to dismiss the lawsuits against the individuals arguing that even if Bitar offered her 1% of the company, he was acting as the CEO of Tiltware, not as part of a group of individuals. This becomes a breach of contract lawsuit, not fraud. The others are protected by law as being owners of a LLC and can't be sued individually for the actions of the LLC.

This is almost certainly going to be accepted by the judge, since fraud is a criminal activity.

If Bitar, Ferguson and Lederer had a lick of sense, they'd give her the 1% and condition any future payments to the rest of them based on "working" for Tiltware or Full Tilt. There's nothing worse than being a despised minority shareholder for a company that doesn't pay dividends. Even if they wanted to sell, they could put a clause in forcing her to sell with the rest and hollow out the company so that it wouldn't be worth that much.

ToTheFelt · 01-07-2009, 04:58 PM

Me likes public documents.

"...self-described celebrity professional poker player" ... ah yes, the **** throwing starts on line 1... juicy.

Reminds me of:

Basher Tarr: [disguised as a motorcycle jumper] Mr. Banks. Do you know what Chuck Barry said every night before counting one, two, three, four?
Willy Bank: What did he say?
Basher Tarr: Pay me my money.

ToTheFelt · 01-07-2009, 05:05 PM

Quote:

Originally Posted by Mason Malmuth

Hi Everyone:

I emailed Howard about this post and he has responded with the following statements.

Best wishes,
Mason

Quote:

1. Anyone who knew me then, high stakes bettor, not a bookmaker.

2. To bring a bookmaking charge, the authorities had to demonize me, thus the "mob" claims; total hogwash.

3. I was facing an expensive two year legal battle and they were threatening to indict my mother, who had handled my accounting. I, therefore, plead to a misdemeanor gambling charge and served no jail time.

4. If they had any evidence of the bookmaking or the mob connections they would have never let me off like they did.

Thanks,

Howard

So smart guy Howard never took a single bet from anyone? Never accepted a bet and made the vig?

Yeah, ok.

DockDD · 01-07-2009, 06:17 PM

Horribly written motion. I'd fire my paralegal if I was the attorney, and I'd fire my attorney if I was the defendant(s). Agree that it will have desired effect of removing at least some, i.e. a "majority," of the thirteen individuals.

They say $4 billion and then use a footnote to point out that it is not a typo that Clonie claims literally that Tiltware is worth $4 billion. They are likely being facetious, but if I were any part of Tilt I would rather not have extra attention to the value. This could also be seen as insulting to the judge implying he can't read, or insulting to the defendant implying insanity. Risky unless the latter and judge is a golfing buddy.

LOL at "typhoon" though.

MauiPunter · 01-07-2009, 07:01 PM

Quote:

Originally Posted by SBeck

Thanks for clarifying Mason. Tell Howard I'm sorry for bringing up the articles.

Thanks.

Would you like kneepads with that?

doc watson · 01-07-2009, 07:20 PM

Quote:

Originally Posted by daveydavey

I hope Howard goes into public hiding to be honest. Just tilts me so bad when I'm watching him "The Professor" ffs.

In the PAD game with Harrington etc, he almost tried to come across as an "internet kid". He pretends he likes action all the time, thing is his idea of "action" is a live straddle or something lame like that. With his stupid smile and goatee

ARRRRRGGGGHHHHH!!!!

´+1

hes such a besser wisser all the time. stfu dude.

Cruizn63 · 01-07-2009, 07:31 PM

Quote:

Originally Posted by MauiPunter

Would you like kneepads with that?

lol poty

kevin21 · 01-07-2009, 07:47 PM

well 1 of the 2 are lying....can any1 just post a quick response to wer we are at in this whole thing...this thread is too long

Addictos · 01-07-2009, 08:02 PM

Can we add this one too...sorry its my limit...I wonder why...

http://forumserver.twoplustwo.com/54...secret-381834/

doc watson · 01-07-2009, 09:20 PM

http://www.pokertube.com/Movies.aspx...t=gowen&list=9

"we poker players are selfish people", "life´s good" and she just looks so sad.
makes me low.
....

this one is trashy
http://www.youtube.com/watch?v=8_xa1...eature=related

RolloTomasi · 01-08-2009, 03:05 AM

Quote:

Originally Posted by venice10

Summary: Howard would let bookmakers in NY know the line on sports games in LV. Howard placed bets with NY bookmakers to balance his bets in LV when the line diverged enough to make it profitable to arbitage between the two. Making sports bets in NY is illegal. When caught, there was a deal where Howard avoided jail time in exchange for allowing the authorities to keep some of the money seized.

If Howard was doing this with stocks, he would have been on the cover of Fortune magazine.

The Government couldn't prove the half mirrion was not all HL's money and part Genovese mob money too so they did the standard confiscation and slap on the wrist AFAIK

I didn't know stocks can be purchased with large sums of cash from book making profits, it seems that would put the cash launderer's oob
btw that's also the result of betting illegal cash from NY with LV books

OnWithTheShow · 01-08-2009, 03:25 AM

Howard bet sports for a living. let's send him straight the gulag already. He may of smoked a joint once too. all terrible, terrible things but of course online poker is wonderful and moral.

wtf is wrong with you idiots.

blainestar · 01-08-2009, 04:35 AM

detailed cliffs notes pls?

**Kevmath** · 01-08-2009, 09:29 AM

Clonie says she's entitled to 1% of Full Tilt.
Full Tilt disagrees.

The end.

NoSoup4U · 01-08-2009, 11:56 AM

There are a few tidbits in the motion that don't seem to have been discussed here yet. The first is that Gowan has apparently not managed to serve Pocket Kings or Kolyma yet. That is significant because that means that if she wins, she would only be entitled to a piece of whatever Tiltware is worth. I strongly suspect that Tiltware has shown little if any profit. It would make much more sense for the profits earned by Full Tilt to be distributed through foreign corporations, especially in the current climate where money sent through the US might well be grabbed up by the DoJ. If Gowan doesn't attach all the Full Tilt companies to the suit, she could end up with very little even if she wins.

The pleading also points out that there is no entity known as "Full Tilt Poker." It is a brand name and a website, not a company.

Finally, they assert that all of the named defendants are not shareholders. They don't specify who is who and they don't deny it for all, so presumably only some of the named individuals are not shareholders and some are.

There is also some chance that the individuals will not be dismissed on the minority oppression claim. That is the primary lever that can be used to keep other shareholders in the case. I'm not saying she can win that claim, but I don't think there is enough to dismiss it at this point either. After discovery, it may be another matter.