Quote:
Originally Posted by FoxwoodsFiend
Yeah didn't want to get into the class-action stuff b/c we didn't learn it in civ pro. But you don't think DIH would be liable if it can be shown that he knew Jose's stuff was made up?
I mean, there are cases of people asking DIH to vouch and him saying "yeah he's def worth the money." Doesn't that at a minimum make him guilty of fraud if he knows the guy's a fraud?
Also what about accomplice liability? Standard's pretty loose for intending to aid/abet and I can't imagine it doesn't apply to DIH. Interested in your opinion b/c while I think we need to keep hysterical bloodhungry tantrums out of this forum, it is worth discussing criminal options if it can be done responsibly
I assume you are talking strictly about the coaching at the moment.
Just off the top of my head, DIH or JM saying "he's worth the money" is a statement of opinion. Depending on the state, it is possible to press a fraud claim based on a false statement of opinion, if you can show that the opinion was not truly held, but it is difficult. There also would be a serious question of whether reliance was reasonable. As JM pointed out, people tout each other all the time, and everyone knows it. Also, the trier of fact is not going to be very savvy about poker in all likelihood. For a lot of uneducated people, poker is still a lot more luck than skill, and if you hold that viewpoint, then you are unlikely to think that Player A's reliance on Player B's assurance that Player C is sick was reasonable.
Lastly, how many people actually received coaching from Jose, and did any of them fork over real money (e.g., more than $100K for coaching). I seriously doubt it. The U.S. is not a "loser pays" country. You would burn through $100K more quickly than you realize. Individual issues surely would predominate, so there would be no way to certify a class.
On the criminal front, you have to remember that a private citizen cannot initiate a criminal proceeding. You obviously can report activity to the police, but the question of whether to investigate is left to police, and the question of whether to indict is left to the prosecutor. You, as the victim, have no affirmative say (although you obviously can make a prosecution nearly impossible by refusing to cooperate). What is the likelihood that the police or a prosecutor will be interested in pursing criminal action for a small time scam where the main player is located in Portugal? No chance.