Quote:
Originally Posted by durkadurka33
I think this is EXACTLY the mistake that was made: the player's purse wasn't part of their ASSETS. So, the liquidators had zero right to do that. It wasn't TUSK's money. TUSK's assets was the rake from play, NOT the players' funds. I think people should look to sue whoever did THIS action...so it may be a bank or the liquidators.
Don't go after microgaming...go after who actually TOOK the players' money and used it to cover Tusk's liabilities.
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I spent 14 years as a Banker and I believe you will find these are the true facts about segregated and trust accounts and why the Bank was entitled to them.
Unfortunately the players purse does form a part of Tusk's assets even though they were in a 'segregated' account, the Bank was within its rights to use the players purse to pay off the company overdraft.
In addition, Australian law is similar to Canadian law, as such even if the players purse was held in a 'pooled trust' account the Bank could still have used to players purse to pay off comapny debt.
'Pooled Trust' accounts are only safe if they are required by Statute, ie Real Estate and Lawyer's Trust accounts.
To be exempt from the Bank using their 'right of offset' each player would have to have a seperate account,...Tusk Investments (In Trust) for John Q Player,..etc etc.
In addition even if the players purse had been held 'in trust' the Liquidators and the Government can still utilise 'trust funds' to pay taxes and liquidation fees.
I feel there was something far more sinister happening here.
I am awaiting a reply from one of the skin owners regarding some numbers, but I believe the Tusk liquidation was planned from sometime in 2006 and Tusk's intentions all along was to steal the player's purse.