Barry, you are a smart guy and well-connected in the poker community; so if you know answers to some of these issues, please enlighten me.
2p2 has at least two members who are active and who have followed this scandal and are also lawyers. granted, their area of expertise may not be rooted in the issues that surround the scandal, but they are far more knowledgeable in the law than the rest of us IANAL posters.
so, Todd, Howard, let me know if this sounds wrong...
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Originally Posted by barryg1
If five people are involved including Russ, why not bring a case against all of them in US court and see if some will talk and at least if the others also name Russ we'll have reason to believe it's true.
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Barry - can you explain exactly to me how a case would go against Russ in a U.S. court? specifically, i am interested in the discovery phase. how would the plaintiffs' lawyers force discovery over MIT? the Kahnawake? the various companies that are offshore entities operating in countries outside U.S. jurisdiction? is it your assumption that the idea of a lawsuit is suddenly going to either force via law or moral conviction the release of incriminating evidence? otherwise, i do not see how a U.S. lawsuit against Russ would do anything other than be a nuisance, enriching the lawyers, and possibly giving online poker another black eye.
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Originally Posted by barryg1
I find it hard to believe that Americans can defraud other Americans on the Internet for millions of dollars and there is no legitimate case.
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please don't confuse legitimate versus provable in a U.S. court of law.
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Originally Posted by barryg1
By the way, where is the stolen money? Is it that hard to trace who cashed that money out, or did it go to Russ and he will claim he cashed it out but gave it to people who said they won it before they transferred it to him to cash out?
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i am guessing that it would be very difficult to trace the money without a legal instrument which would force businesses outside the U.S. to cough up records.
as an aside: do you think it was the threat of lawsuit by the I.R.S. against UBS that
forced them to cough up records about U.S. investors using illegal tax dodges? or did UBS finally play ball b/c they rely on an ongoing business relationship to make their money? fear of what might happen if the IRS and SEC took action against UBS and their business on the NYSE?
i ask b/c unlike UBS, i doubt anyone affiliated with the scandal is worried about the IRS/SEC. none of these companies trade on U.S. exchanges and have zero business operations in the U.S. as i posited above, the ability to get financial records from the companies involved is virtually impossible.
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Originally Posted by barryg1
We don't need to prove that Russ or anyone else was behind the keyboard when there was cheating. We just need to find out who ended up with the money. If Russ knew about the cheating, he would have been cut in, and he would be guilty.
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you let me know when you get more than three steps away from Russ' bank...good luck with that.
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Originally Posted by barryg1
People come up to me every day with their theories about why Russ wouldn't be involved or how he was too greedy and is involved. We can't get Russ to talk. Maybe we can get one of the others to give us some information if we can put pressure on them.
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the fear of punishment by agencies such as the IRS surely could bring something to bear...but do you think Joe Norton is real worried about the IRS? Greg Pierson maybe, but that is about the highest you are going to get and Greg probably only knows who wrote the "auditing tool" and how it might have been used. doubt he even knows who put it on the servers, who used the accounts, who shipped the money, etc.
so far, for all the investigation work done and the money refunded, none of it has been done b/c AP/UB/Cereus are afraid of being punished by any government/regulatory (hahahaha - regulatory and online poker - lol!) agency. i would hazard to guess it has all been done to try and whitewash a bad piece of publicity b/c of the fear of how it will affect future earnings. AP/UB/Cereus are only afraid about their dwindling user base....
please let me know where my reasoning is flawed.
thx!