Quote:
Originally Posted by TheEngineer
The DoJ is currently establishing the process by which we U.S. players will request and receive our money. PPA requested and was granted the opportunity by the DoJ to provide a recommended path for repayment of U.S. players. Needless to say, PPA asked for repayment of 100% of player balances. I hope everyone will take a moment to read this important letter to the DoJ (here).
PPA will continue this dialog with the DoJ. We are seeking a streamlined process for application for remission. We are also advocating for clear processes to address withdrawals that were deducted from balances but never sent, bounced withdrawal checks, unused tournament tokens, FTP points, Iron Man Medals, etc. Non-cash items will be toughest, but we will do our part to make the requests through the appropriate channels. PPA's legal team will remain fully involved as the ‘voice of the player’ to ensure we are all heard throughout this process.
How did he write so many words without addressing the only question that is relevant to getting players repaid fairly: unlawful debt?
Repeating SDNY's own words doesn't do anything to bolster the players chances of getting paid, they (AFLMS) know this already, this was our (poker players) chance to make an argument that SDNY can not make while they still intend to prosecute poker site operators doing business in NY.
The question that should have been addressed is whether AFLMS can legally honor business transactions which SDNY has labeled as illegal, and a strong argument citing the re:Mastercard (unlawful debt) case can and should have been made that they can.
Under re:Mastercard, poker sites are only in the business of selling gambling chips in the US, which after the UIGEA became illegal if commercial poker violates State law, but the players themselves should be viewed to have gotten what they paid for in the form of those chips, and only those who still have chips in their accounts should be viewed as victims of FTP's fraud.
This crap about it being ok for AFLMS to return balances because they won't be violating the UIGEA is almost laughable, as if AFLMS might have been worried about violating the UIGEA?
If they decide to pay out only deposits it will be because no one reminded them that FTP was a licensed Alderney based card room, specifically legal in it's jurisdiction, and because poker unlike house banked online gambling must always be played at the table where it is raked.
Therefore no betting took place in NY or any other US State, an argument that SDNY can't make for us, but the PPA could have and I believe should have, so whether remission is paid out fairly or not, this letter is a failure.
How do you even write a letter addressing the lawful status of online poker business and fail to cite the one case that actually addresses that question (re:Mastercard) and does so in a way that favors our (poker players) position?