Quote:
Originally Posted by IsThisUrHw86Larry?
The bolded indicates NOTHING about U.S. players. That clause (clause 5) in the settlement is specific to ROW players and only applies to them. So how can you conclude that the bolded statement indicates a "difference" between U.S. and ROW players when it doesn't even apply to U.S. players???
Brilliant logic there.
If you would bother to follow my comments to Dudd, and my preceding post that he commented on, you'd see that I was talking in the context of the issue of fairness of treatment of US players vs. ROW players. I addressed this issue because OP suggested that the DoJ not paying full balances when Stars paid full balances would be unfair. The notion is, I take it, that the DoJ should treat the US players the same way they required Stars to treat ROW players. So, before I had had time to study the wording of the settlement (I've been rather busy the last few days IRL), I questioned whether the settlement actually required what was being asserted: that Stars pay full account balances. Dudd kindly pointed me to the Settlement document and mentioned that it referred to balances.
Quote:
Originally Posted by IsThisUrHw86Larry?
Also, your choice of words "what it actually says" implies that something Dudd wrote was false, when his post is 100% correct and is exactly what is stated in the settlement.
Well, you are wrong. "Balances" unqualified, which is what Dudd and many others are claiming is what Stars is required to pay, is not necessarily the same things as what the Settlement actually provides, which is "
other than as required by any applicable law, the online poker account balances". The extent to which those extra words actually change the amount payable from actual balances depends on the applicable law in quite a few countries, which I don't pretend to know. I suggest it is unwise to assume that the wording in the settlement will necessarily result in all ROW players receiving their full account balance.
Now what does this have to do with US players, which you correctly but irrelevently point out are not mentioned in that part of the settlement? Fairness. If the DoJ treats US players the same as it requires Stars to treat ROW players, then it will refund to US players their online poker balances
other than as required by any applicable law. The applicable laws will by US federal and state law, some of which may result in players getting less than some ROW players get. Will WA players be qualifying victims? Are winnings gambling debts? Are gambling debts enforceable? How will phantom deposits be handled by the DoJ (if at all)?
The AFMLS will interpret the applicable law, and it is possible that their interpretation will result in some US players receiving less than comparable ROW players, even though they have been treated according to exactly the same provision.
I think Skallagrim and others are correct that there are lots of indications that it was SDNY's intention to refund US player balances to the extent this was legally possible. However, it is not SDNY that decides, but AFMLS, and they are only getting involved now (as is proper) and may reach a different conclusion. I still think they will likely refund full balances for most, if not all, US players, but it is not a certainty.