Mr. Jack Effel
WSOP Director @ Rio
3700 W. Flamingo Road
Las Vegas, NV 89105
June 22, 2017
(Follow up-letter 2 of 3) The Colossus 2017 Failure
Dear Mr. Effel,
I received two calls from Las Vegas yesterday; unfortunately I was in a meeting and could not take your call. Since more than 20,000 people are following along with my original The Colossus 2017 Failure report, I thought it best to keep everyone in the loop and write a follow up letter.
My view and experienced professional opinion of this entire matter is that the player (Vrabel) that was bullied, discriminated, and intimidate by your staff needs to be corrected. I’m going to provide a suggestion to solve the compensation to Vrabel issue first, one that may be considered in a court of law.
Compensation
1. From my view, your (WSOP) exposure to damages started when the player (Vbrel) began at the last 10 person table.
2. I suggest the stacks for each player at the start of that table be recreated. The records and tape would show exactly how many chips each player had at that point.
3. I would then apply a “chip-count” formula and calculate the value of each players stack.
4. At this point you would have a “hard number” of the value of remaining chips at this table at that [exact point];
But; it’s not going to be that clean and easy. In court, skill level factor would also need to be considered.
Now that the value of chips in each stack has been established, I would (in court) insist that a skill level and probability of finish based on the past results of the players at the table be applied to the equation. Establish a “line” just like they do in your sports book. Each player would be ranked according to skill level and the actual “hard number” value of the remaining stacks would surely change based on the event being played out on even terms.
** I do not know or have not researched the skill level of any of the other players, so this is something that a small group of professionals could perhaps undertake and assign on behalf of WSOP. It’s a method we would use in court, and it’s that difficult to calculate.
Once the skill level value and probability is established, simply apply that to the “hard stack” value to come up with each players stack value at that point in time, the start of 10 handed play.
The difference in value (if any) in the Vrabel stack and his payout amount is what WSOP is obligated to compensate Vrabel based on chips and stack.
Compensatory Damages
com·pen·sa·to·ry
kəmˈpensəˌtôrē/
adjective
• (of a payment) intended to recompense someone who has experienced loss, suffering, or injury.
*reducing or offsetting the unpleasant or unwelcome effects of something.
My professional experience and opinion is that the player Luke Vrabel is owed compensatory damages:
• 18,000+ players competed in an event organized by WSOP, and each player and non-playing spectator are subjected to the same rules and regulations as found in the WSOP rules for 2017 directive.
• 10 players beat 18,000+ players to reach a last table of 10 players.
• Each player deserved the right to fair and equal rules to be applied fairly and squarely.
• The top prize was ONE MILLION DOLLARS. I’m assuming, this was not only Life changing money for every player at that table, but the WSOP bracelet carries substantial value for the winner. Winning this event is a big deal and amazing accomplishment.
• One player, Luke Vrabel, was singled out and was continuously taunted from the rail. The WSOP failed to protect this player.
• The rail was too close for a final table of 10 players playing for such a substantial amount of money and created a un level playing field when spectators were allowed to directly and continuously taunt Vrabel.
• The WSOP failed to protect Vrabel from potential angle play from friends and spectators on a substandard “rail.”
• Vrabel repeatedly appealed to the spectators to stop the taunting, and respect him and the game.
• When the taunting would not stop, Vrabel asked the tournament director(s) (TD) on site to intervene.
• Taunting and spectator interference is not allowed under the WSOP rules.
• Rather than taking corrective action to stop the taunting and visibly affecting Vrabel play, the WSOP TD ignored Vrabel’s appeals.
• Instead, the WSOP TD brought security to the scene and stationed them behind Vrabel in a pure visible display of intimidation, where they stood just feet behind him.
• The taunting from the rail continued against only Vrabel, it was observed by well over 100 spectators, many of which are professional poker players.
By not subjecting the spectators to the rules of the WSOP and then not protecting Vrabel, but instead bullying, intimidating, and discriminating against him, Vrabel suffered damages and is due compensatory damages.
Despite the misconduct of bullying, intimidating, and discriminating by the WSOP TD, and witnessed by over 100 people, no disciplinary action was taken and the TD continues in his supervisory capacity.
In court, an attorney would argue for a minimum of triple damages. You could pick your poison: Intimidation, Bullying, Discrimination, Unfair and deceptive business practices, the counts could go on and on.
Compensatory damages are due Vrabel due to the gross misconduct of the WSOP entity. At trial, my opinion is a jury would slap the WSOP for as much damages as they could possibly add onto the damages award for compensatory damages.
I strongly suggest taking action on this matter. It’s not going to go away. The player was damaged and EVERYONE knows it. The player is not going to let it die. He beat 18,000 people and was playing for 1 million dollars; your corporate employee created an uneven playing field, and caused great financial and emotional damage to the player (Vrabel.) The player is a full time pro, colorful and aggressive on social media and not going away. Everyone is watching.
This is an isolated incident. Nothing like this has happened in such a large event with a One Million Dollar first prize. It is my opinion that WSOP must take action, restore the integrity of the game, restore the order of rules, and show that when an employee makes a substantial error, the player will be made whole. Please compensate Vrabel as follows:
1. Vrabel should be compensated for the difference (if any) of the stack value as determined by the professional staff that existed at the start of 10 handed play.
2. Vrabel should receive a minimum of 1 ½ times the value of his stack as determined by the professional staff as compensatory damages by the WSOP TD overseeing the final 10 players that night.
3. In the alternate, both parties agree to binding arbitration from an independent arbitrator.
I will be submitting one final letter with some simple suggestions to improve the “on the ground” operation at WSOP. While it works somewhat well, it absolutely needs changes and improvements.
I am available to discuss this matter with you via email, phone or in person. I would be happy to fly back to Vegas and discuss it in person with you.
Sincerely yours,
Daniel J Dandreo III
2017 World Series of Poker® Official Tournament Rules Rio All-Suite Hotel & Casino, Las Vegas, Nevada
SECTION IV – PARTICIPANT CONDUCT AND TOURNAMENT INTEGRITY
40. The competitive integrity of all Tournament play at the WSOP is paramount. All participants must adhere to the spirit and letter of the Official Rules of the WSOP that forbid play or any action that is illegal, unethical or constitutes cheating or collusion in any form.
a. Cheating is defined as any such act engaged in by a participant to break the established rules of play to gain an advantage.
c. All participants are entitled to expect civility and courtesy from one another at every Tournament table and throughout the Tournament area. Any individual who encounters behavior that is not civil or courteous -- or is abusive in any way -- is encouraged to immediately contact a Tournament official. Participants who violate this rule are subject to penalty in accordance with Rules 40, 41, 42,113, and/or 114.
43. Any attempt by any person to deliberately damage, corrupt or undermine the operation of the WSOP Tournament may be a violation of criminal and civil laws. Should such an attempt be made, Rio reserves the right to seek damages from any such person to the fullest extent of the law.
46. Rio prohibits the use of obscene or foul language in any public area of the casino at any time. Any participant who uses such language or makes a foul, profane, obscene or vulgar statement, or speaks abusively or in an intimidating manner to another participant, a dealer or a Tournament staff member, will be penalized. These penalties will be levied based on Rules 40, 113, and 114.
47. Any participant who taunts another participant through theatrics or gestures or engages in any form of inappropriate behavior intended to disrupt other participants in the tournament will be subject to penalty in accordance with Rules 40, 113, and 114. 48. Participant or staff abuse will not be tolerated. A participant will incur a penalty up to and including disqualification for any abuse towards another participant or staff member, and the participant could be asked to leave the property. Repeated etiquette violations, including, but not limited to, touching another participant’s cards or chips, body, or clothing, delay of game and excessive chatter will result in penalties. 49. The WSOP is subject to all applicable federal, state, and local laws and regulations, including gaming, and all aspects of the WSOP are subject to the approval of appropriate regulatory authorities.
126. Participant Disputes: All participant disputes with Rio shall be resolved in accordance with Nevada law NRS 463.362 Resolution of Disputes. a. Whenever a patron and a [gaming] licensee, or any person acting on behalf of or in conjunction with a [gaming] licensee, have any dispute which cannot be resolved to the satisfaction of the patron and which involves: 1. Alleged winnings, alleged losses or the award or distribution of cash, prizes, benefits, tickets or any other item or items in a game, tournament, contest, drawing, promotion or similar activity or event. 2. The manner in which a game, tournament, contest, drawing, promotion or similar activity or event is conducted, the [gaming] licensee is responsible for notifying the [Nevada Gaming Control] Board or patron in accordance with the provisions of subsection 2, regardless of whether the [gaming] licensee is directly or indirectly involved in the dispute. b. Whenever a dispute described in subsection 1 involves: 1. At least $500, the [gaming] licensee shall immediately notify the [Nevada Gaming Control] Board. 2. Less than $500, the [gaming] licensee shall notify the patron of the patron’s right to request that the [Nevada Gaming Control] Board conduct an investigation. c. Upon being notified of a dispute, the [Nevada Gaming Control] Board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether payment should be made. The agent of the [Nevada Gaming Control] Board shall mail written notice to the [Nevada Gaming Control] Board, the [gaming] licensee and the patron of the agent’s decision resolving the dispute within 45 days after the date the [Nevada Gaming Control] Board first receives notification from the [gaming] licensee or a request to conduct an investigation from the patron. The failure of the agent to mail notice of the agent’s decision within the time required by this subsection does not divest the [Nevada Gaming Control] Board of its exclusive jurisdiction over the dispute. d. Failure of the [gaming] licensee to notify the [Nevada Gaming Control] Board or patron as provided in subsection 2 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive. e. The decision of the agent of the [Nevada Gaming Control] Board is effective on the date the aggrieved party receives notice of the decision. Notice of the decision shall be deemed sufficient if it is mailed to the last known address of the [gaming] licensee and patron. The date of mailing may be proven by a certificate signed by an officer or employee of the [Nevada Gaming Control] Board, which specifies the time the notice, was mailed. The notice shall be deemed to have been received by the [gaming] licensee or the patron 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid
Last edited by Puckster; 06-22-2017 at 11:16 PM.
Reason: bold