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FTP Discussion Thread (Everything but big new news goes here. Cliffs in OP) FTP Discussion Thread (Everything but big new news goes here. Cliffs in OP)
View Poll Results: Do you want the AGCC to regulate the new FTP?
Yes
1,156 56.58%
No
887 43.42%

09-07-2011 , 11:04 AM
Quote:
Originally Posted by MICK E JUICE
A pokering I went,
But alas I must relent,
The bankroll I built,
Belongs to fulltilt,
And yet all this time,
I thought It was mine.
I wanted to play with the pros
what the ****
I thought I could trust them
No such luck

The professor built twenty houses
Ivey borrowed millions for craps
Now I remember all the shady **** they did
How did we have such a memory lapse?
09-07-2011 , 11:06 AM
From the AGCC regs:
Quote:
FINANCIAL MONITORING
All licensees are required by the regulations to ensure
that they meet, on a continuous basis, the following
three prudential ratios:
• Cash must always exceed player balances;
• Current assets must always exceed current
liabilities;
• Total assets must always exceed total liabilities
(excluding capital) by at least 25%.
These requirements seek to ensure that operators
have sufficient resources to pay out players’ funds at
any time.

Submissions to the DCMS Select Committee closed tail end of June, a date hasn't been set for the Committee meeting. There's the news hacking currently and they will possibly defer till a clearer picture of the FTP issue happens.

MPs' select committees have the formal power to compel witnesses to attend: specifically to "send for persons, papers and records". If they feel unsatisfied with the level of co-operation then white-list may turn to blacklist for the AGCC but we shall see as the facts become apparent.
09-07-2011 , 11:06 AM
Quote:
Originally Posted by Hdemet
I'm sure they do know a lot more than all of us put together about e gaming...just that they do not appear to using that knowledge to protect the consumer or in this case the payers of FTP and thats why its such a bitter pill to swallow.

If you have aos called expert in fraud then how has she allowed the wool to be pulled over her eyes by FTP? (If thats the defence).

The idea of going after the regulator is to get them shut down and leave those jurisdictions that truly do supervise their licencees to receive money from e gaming companies.

Trouble is I am not sure any of them exist that have high enough standards to monitor and properly supervise egaming companies in the way that I and most people would like them to be monitored.

The other benficial aspect about going after them is that any inadequacies/shortcomings in their guidelienes can be plugged by bringing in appropriate legislation.

Trouble is FTP is not the first gambling entity to go broke and it will certainly not be the last but despite this NONE OF THEM seem to have done anything about tightening regulations to ensure customers of such bankrupt companies dont lose their money.

In other words I want to see regulators guarantee player funds and money is safe. That along with all gambling or gaming being conducted in a fair and unbiased and transparent way are all that really matter.

Everything else is of no real consequnce. (and yes I agree children and the vulnerable should be protected and that crime should be kept out too).
Exactly, the AGCC now have the new requirement to legislate against the actions of foreign governments.

Most expected US to say block FTP / PS. China (?) managed to block google. Could have prosecuted their own citizens for skirting block or and made federal offence for owners to trade in their country. Rather than make the bank transactions associated with gambling illegal and charge with money laundering and fraud. If you buy an illegal gun, the government doesn't charge the bank that you drew the $$ out the ATM from.

Most probably couldn't predict DOJ indicting and freezing accounts. New legislation is required to protect against this possibility and it isn't just say AGCC, or any regulator, actually holding the players money themselves.

Do you fancy another government indicting who doesn't recognise players money?
09-07-2011 , 11:19 AM
Quote:
Originally Posted by Harlow_Hammer
Yes, that about sums it up. It is entirely feasable that they intended to pay it back, but the DOJ / payment processors / AGCC / etc. have caused an event that is preventing them from paying it back.

And, Yes it is very difficult to prosecute anyone for theft - you wouldn't believe how many times I have heard "I was going to give it back, guv, honest". Normally, you are able to show that there is some form of action that proves or impies they did not intend to return the property - e.g. they ran from security when they were approached, they claimed the property came from another source when questioned, etc.

Wrt the owners assets that originated from player funds ... if they believe they were legally entitled to that money (salary, bonus payments, dividends, etc) then they have not committed theft.

In UK law, there are 3 points that you need to prove;
(s1 (1) Theft Act 1969 - defines theft as the dishonest appropriation of anothers property with the intention to permanently deprive.)
So,
- They took anothers property,
- They took the property dishonestly (i.e. they knew they had no right to it)
- They intended to permanently deprive the other of that property

You must be able to show ALL 3 of those for it to be theft.
Can't they be charged for taking dividends/bonuses prior to BF and in particular during the 2-year period the DOJ/payment processor problems occurred without covering the missing funds ?
09-07-2011 , 11:29 AM
Quote:
Originally Posted by Hdemet
I'm sure they do know a lot more than all of us put together about e gaming...just that they do not appear to using that knowledge to protect the consumer or in this case the payers of FTP and thats why its such a bitter pill to swallow.

If you have aos called expert in fraud then how has she allowed the wool to be pulled over her eyes by FTP? (If thats the defence).

The idea of going after the regulator is to get them shut down and leave those jurisdictions that truly do supervise their licencees to receive money from e gaming companies.

Trouble is I am not sure any of them exist that have high enough standards to monitor and properly supervise egaming companies in the way that I and most people would like them to be monitored.

The other benficial aspect about going after them is that any inadequacies/shortcomings in their guidelienes can be plugged by bringing in appropriate legislation.

Trouble is FTP is not the first gambling entity to go broke and it will certainly not be the last but despite this NONE OF THEM seem to have done anything about tightening regulations to ensure customers of such bankrupt companies dont lose their money.

In other words I want to see regulators guarantee player funds and money is safe. That along with all gambling or gaming being conducted in a fair and unbiased and transparent way are all that really matter.

Everything else is of no real consequnce. (and yes I agree children and the vulnerable should be protected and that crime should be kept out too).
I can see you're frustrated but you need to remind yourself of the way these things work.

FTP and the players see AGCC as the poker police. Mid investigation we cannot expect the police to come into chat rooms or indeed answer any questions relating to an ongoing case. Neither can we expect the police to stop every crime before it happens.

The licence was suspended and the ability for FTP to accept new deposits was removed by the regulator. This is the regulator protecting existing and future players from depositing to a site that no longer meets requirements.

You, and others either believe they did this too early, or too late. AGCC would be doing really well if they suspended the licence at 'exactly the right time' eh! You make assumptions that FTP provided all and any information the minute the regulator asked for it.

We also assume that FTP wouldn't have tried to sue AGCC if they removed the licence pre BF / just after BF. FTP were cashing out players and still operating way beyond BF as i'm sure you know - we'd all be crying 'there's no need to remove the licence FFS if they were still trading as usual!
09-07-2011 , 11:30 AM
Quote:
Originally Posted by ZFC
Can't they be charged for taking dividends/bonuses prior to BF and in particular during the 2-year period the DOJ/payment processor problems occurred without covering the missing funds ?
I reckon so, see my earlier posts.

The 'lawyer' you reply to is viewing this as 'theft by a company' rather than any law that governs the way companies are operated i.e. Company Law. You can prosecute McDonalds for serving you a burger made of turd, but Ronald McDonald (owner) isn't getting a criminal record for it, the company would get and pay the fine. If you try to prosecute Ronald, he say that McDOnalds sold you the burger.

The TOS are completely irrelevant to the way you operate a company and it's finances under UK Company Law.

It's gonna be difficult proving that FTP stole your money, but proving the company paid out too much in divis in light of possibility of mass US cashout cause grey area, simple - Charge successful, directors have to pay back the divis.

Offences under UK Company Law = directors chargeable, not shareholders. Paying Shareholders dividends and the amount of said dividend is a decision made by directors.

There are a few entities based in Ireland and Guernsey which all have laws based on / copied from UK Company Law.

My West Nook will be making all the payments to shareholders - name suggests it's the hiding place, the secluded or sheltered place located in the west of the world

Last edited by vamooose; 09-07-2011 at 11:49 AM.
09-07-2011 , 11:36 AM
Quote:
Originally Posted by vamooose
I can see you're frustrated but you need to remind yourself of the way these things work.

FTP and the players see AGCC as the poker police. Mid investigation we cannot expect the police to come into chat rooms or indeed answer any questions relating to an ongoing case. Neither can we expect the police to stop every crime before it happens.

The licence was suspended and the ability for FTP to accept new deposits was removed by the regulator. This is the regulator protecting existing and future players from depositing to a site that no longer meets requirements.

You, and others either believe they did this too early, or too late. AGCC would be doing really well if they suspended the licence at 'exactly the right time' eh! You make assumptions that FTP provided all and any information the minute the regulator asked for it.

We also assume that FTP wouldn't have tried to sue AGCC if they removed the licence pre BF / just after BF. FTP were cashing out players and still operating way beyond BF as i'm sure you know - we'd all be crying 'there's no need to remove the licence FFS if they were still trading as usual!
The frustrating part for me is that regulators claim to regulate and then are found to have not regulated. They should be looking over their shoulders and not turnign a blind eye.

Prevention (as someone previously pointed out) is better than cure or shutting the stable door before the horse has bolted.

This means that there are not adequate safeguards in place at present and new ones have to be brought in.

All gaming companies IMO should have in house inspectors who can demand to see anything they want whenever they want and they should issue regular updates to their jurisdictions on the basic essentials with regard to compliance.
09-07-2011 , 12:03 PM
Quote:
Originally Posted by Hdemet
The frustrating part for me is that regulators claim to regulate and then are found to have not regulated. They should be looking over their shoulders and not turnign a blind eye.

Prevention (as someone previously pointed out) is better than cure or shutting the stable door before the horse has bolted.

This means that there are not adequate safeguards in place at present and new ones have to be brought in.

All gaming companies IMO should have in house inspectors who can demand to see anything they want whenever they want and they should issue regular updates to their jurisdictions on the basic essentials with regard to compliance.
Can't agree more.
If I were a new player, browsed FTP's website, read t&c, looked down the bottom of the page, said oh regulated by AGCC nice, researched AGCC's requirements and regulations etc, found out they were white-listed blah blah...
I think I'd be feeling pretty confident that FTP would never be able to spend my money because the AGCC are condoning them, and being a white-listed regulatory body I should trust the AGCC will do what they say they will do with regards to regulating FTP.
Therefore if I deposit because FTP is licensed and regulated by a (respected?) commission and they assure me they "ARE" regulating FTP as they are supposed to, but fail in their job, it seems to me I should be blaming them.

They took their license for something they should have known about a long time before.. Either FTP doctored their accounts or the AGCC failed miserably.
Can only be one or the other
09-07-2011 , 12:13 PM
Quote:
Originally Posted by MICK E JUICE
Either FTP doctored their accounts or the AGCC failed miserably.
Can only be one or the other
I disagree, I think if the 1st is true, the 2nd has to be true...
09-07-2011 , 12:17 PM
Both AGCC and FTP have to fail miserably for this HUGE mess to happen.
09-07-2011 , 12:19 PM
So we got 193 pages with nothing but speculation and nothing concrete. great work guys
09-07-2011 , 12:21 PM
Quote:
Originally Posted by playertee
I disagree, I think if the 1st is true, the 2nd has to be true...
On reflection yes I agree with you.
You can only conclude then that the AGCC failed miserably no matter what
09-07-2011 , 12:25 PM
Quote:
Originally Posted by MICK E JUICE
Can't agree more.
If I were a new player, browsed FTP's website, read t&c, looked down the bottom of the page, said oh regulated by AGCC nice, researched AGCC's requirements and regulations etc, found out they were white-listed blah blah...
I think I'd be feeling pretty confident that FTP would never be able to spend my money because the AGCC are condoning them, and being a white-listed regulatory body I should trust the AGCC will do what they say they will do with regards to regulating FTP.
Therefore if I deposit because FTP is licensed and regulated by a (respected?) commission and they assure me they "ARE" regulating FTP as they are supposed to, but fail in their job, it seems to me I should be blaming them.

They took their license for something they should have known about a long time before.. Either FTP doctored their accounts or the AGCC failed miserably.
Can only be one or the other
Why don't you lodge a complaint rather than moan on here....AGCC have an established procedure here . I cannot find anywhere where they state they will respond personally (i.e. non standard form) to a deluge of email questioning the most basic of their practices or asking questions even they don't know the answers to.

AGCC should know the intricate financial dealings of the 52 licence holders. Would be nice but back in the real world...

Either FTP doctored their accounts or the AGCC failed miserably
agree completely, but don't rule out that they simply kept asking for updates which weren't provided by FTP once they knew they fell foul of the rules. The time period you see here is how long it takes a decent regulator to remove a licence using means that don't leave you open to a complaint / suit from your licencee

Quote:
Originally Posted by Chinamaniac
So we got 193 pages with nothing but speculation and nothing concrete. great work guys
Yip, bit like poker, incomplete info but forming a picture.

Also bit like the title of the thread - a discussion

We also found out Ray eats Lobster and gives head a lot.

Quote:
Originally Posted by MICK E JUICE
On reflection yes I agree with you.
You can only conclude then that the AGCC failed miserably no matter what
Yip, whatever they'd have done, someone would be concluding that it was wrong (licence too early, licence too late, check players balances hourly, what is a check of player balances, did the AGCC not visit the vault and see the cash for real, they relied on a statement, OMG

So yes, the regulator will fail miserably, especially if you do not know what the regulator has seen or done

Glad to hear the NGC guarantees the multi billion dollar business of Vegas - wow, that is news

Last edited by vamooose; 09-07-2011 at 12:34 PM.
09-07-2011 , 12:28 PM
Quote:
Originally Posted by Chinamaniac
So we got 193 pages with nothing but speculation and nothing concrete. great work guys
very much true. I feel so sad every time come to this thread seeing lots of idle hands. Heart breaking story.
09-07-2011 , 12:30 PM
Quote:
Originally Posted by Chinamaniac
So we got 193 pages with nothing but speculation and nothing concrete. great work guys
I only have 29 pages
Spoiler:
But seriously, I dont know of any other place a discussion should be held, if u want cliffs, the OP should help u
09-07-2011 , 12:31 PM
Quote:
Originally Posted by Chinamaniac
So we got 193 pages with nothing but speculation and nothing concrete. great work guys
Feel free to clarify anything that hasn't already been touched up on...


Not to beat a dead horse with a stick but with regard to the earlier conversation about the FTP owners taking the money without the intent to permanently deprive the players I think there's a pretty big misunderstanding of what that phrase actually means. In this case it isn't like the owners of Full Tilt accidentally took money out of the wrong bank account and returned it upon discovering their error. If that was the case it's obvious there was no intent to permanently deprive anybody of anything. However, the owners of Full Tilt paid themselves dividends with money that clearly wasn't theirs. There was no express or implied permission from the players to borrow the money. It doesn't matter what they used the dividends for and it sure as heck isn't good enough for them to say "we were going to pay it back later". If that excuse was all it took to avoid a theft charge it would be easy for anybody that ever stole anything to say they were going to return it at a later date to avoid penalty. I can't ride off with someone else's bike and when stopped by the police tell them I was just borrowing it. Borrowing without permission either express or implied is theft.

People are not to be held criminally accountable for honest mistakes (ie picking up the wrong suitcase at the airport). What the owners of Full Tilt did with player's money was far from an honest mistake.

Last edited by EYESCREW; 09-07-2011 at 12:44 PM.
09-07-2011 , 12:35 PM
Quote:
Originally Posted by vamooose
I reckon so, see my earlier posts.

The 'lawyer' you reply to is viewing this as 'theft by a company' rather than any law that governs the way companies are operated i.e. Company Law. You can prosecute McDonalds for serving you a burger made of turd, but Ronald McDonald (owner) isn't getting a criminal record for it, the company would get and pay the fine. If you try to prosecute Ronald, he say that McDOnalds sold you the burger.

The TOS are completely irrelevant to the way you operate a company and it's finances under UK Company Law.

It's gonna be difficult proving that FTP stole your money, but proving the company paid out too much in divis in light of possibility of mass US cashout cause grey area, simple - Charge successful, directors have to pay back the divis.

Offences under UK Company Law = directors chargeable, not shareholders. Paying Shareholders dividends and the amount of said dividend is a decision made by directors.

There are a few entities based in Ireland and Guernsey which all have laws based on / copied from UK Company Law.

My West Nook will be making all the payments to shareholders - name suggests it's the hiding place, the secluded or sheltered place located in the west of the world
Just to clarify a couple of points.

I am not a lawyer and am not practising in law. I know you said 'lawyer' as you are unsure of my background, but I just wanted to clarify.

The info you have above is correct - but offences under UK Company Law are a civil matter and not in anyway related to criminal law, which is what was being discussed - whether there was "a crime" committed.
09-07-2011 , 12:38 PM
Quote:
Originally Posted by Harlow_Hammer
Just to clarify a couple of points.

I am not a lawyer and am not practising in law. I know you said 'lawyer' as you are unsure of my background, but I just wanted to clarify.

The info you have above is correct - but offences under UK Company Law are a civil matter and not in anyway related to criminal law, which is what was being discussed - whether there was "a crime" committed.
Sry for being a tad abrupt. I probably got you confused with some of the other claiming to be lawyers.

If offences are proved under Company Law, this establishes the crime by company and hence the directors running it. All directors then charged under criminal law i.e company law proves the fraud, the directors are then charged with the criminal offence of allowing / instigating the fraud.

If a company has say 50 directors, not all of them may be involved in the fraud. The company is involved so fined, but criminal investigation then done to find which directors are responsible.

If the company is found to be guilty of dividend fraud, it's simply a case of all that years (and subsequent years if proved) being returned to company. And then directors being charged under criminal law.

Last edited by vamooose; 09-07-2011 at 12:46 PM.
09-07-2011 , 12:50 PM
Quote:
Originally Posted by Hdemet
Could have done it a lot quicker than take two and a half months over it.

BF 15 April
Licence Suspsension 29 June

Not to mention the AGCC statement in between stating they saw nothing that worried them about players money being at risk.

Shame on them...good for nothing pseudo regulators.

oh and I forgot...they could also have actually REGULATED FTP from the first day they licencesd them yeasra go...how remiss of me.......
Well yeah obviously they could have regulated better and they deserve all the hate they get for that, but given that they didn't they had to shut them down once they knew the license was violated.
09-07-2011 , 01:23 PM
FWIW I think Harry has exactly the right approach to pressure the AGCC by challenging their fitness to hold white status. This is the best way of ensuring that the players are not the only people with their future payoffs impacted by AGCC actions/inactions.

As a rough guess there is probably $15-30m of UK money locked up of the $320m total. Alerting the Department of Culture, Media, and Sport to the fact that a large sum of money appears to have been put at risk by the loose regulatory framework set up under the previous government is a good way of getting them to review the White List. Particularly so if you emphasise that there are large and sensitive organisations who remain covered by the AGCC (The National Lottery has a license with them according to the AGCC website). That way any inaction becomes very much the current governments concern.

Copying in a newspaper like the Observer who covered Full Tilt's shutdown, and would also be keen on an anti offshoring slant is another possibility, as well as the AGCC itself.

This is not to accuse the AGCC of any impropriety, merely to say that in the event of a regulatory failure (which our inability to access funds for the last 2.5 months clearly is), it is only right and proper to reconsider the level of safeguarding required.

Last edited by RiverMustelid; 09-07-2011 at 01:30 PM.
09-07-2011 , 01:31 PM
Quote:
Originally Posted by pokrat
I'm ready to loose 100K Euros with this disaster but i would not only have an explanation from FT but also from the DOJ what they will like to do with my money...
A war with Iran/North Korea/Antigua was looking like a prospect a while ago - them bad boys don't come cheap. Troops, helicopters, F117s, burgers 'n; root beer.

And there's also the possibility of banker-bail-out part II. And didn't Obama just give the US free health care for the poor?

Plenty of fun stuff for Governments to spend their cash on.

Edit: FT owners, I assume the cash will fund more lobster, plastic surgery and handgun training.

Last edited by TafferBoy; 09-07-2011 at 01:33 PM. Reason: Forgot about FT
09-07-2011 , 01:42 PM
Quote:
Originally Posted by RiverMustelid
FWIW I think Harry has exactly the right approach to pressure the AGCC by challenging their fitness to hold white status. This is the best way of ensuring that the players are not the only people with their future payoffs impacted by AGCC actions/inactions.

As a rough guess there is probably $15-30m of UK money locked up of the $320m total. Alerting the Department of Culture, Media, and Sport to the fact that a large sum of money appears to have been put at risk by the loose regulatory framework set up under the previous government is a good way of getting them to review the White List. Particularly so if you emphasise that there are large and sensitive organisations who remain covered by the AGCC (The National Lottery has a license with them according to the AGCC website). That way any inaction becomes very much the current governments concern.

Copying in a newspaper like the Observer who covered Full Tilt's shutdown, and would also be keen on an anti offshoring slant is another possibility, as well as the AGCC itself.

This is not to accuse the AGCC of any impropriety, merely to say that in the event of a regulatory failure (which our inability to access funds for the last 2.5 months clearly is), it is only right and proper to reconsider the level of safeguarding required.
Mmmmk - alienating an organisation that still has leverage over the object of your hatred (FT paid $400K in fees - I read that as wanting to stay in the Alderney's good books) - sound tactic?

Maybe lobby instead for them to abandon discretionary co-mingling and adopt total fund separation. I admit that doesn't get your cash back in this case [let the flaming commence!] but it will protect future players (including those playing on the 52 casinos or whatever it was).
09-07-2011 , 01:44 PM
Can't the American players put any kind of pressure to the DOJ to release any funds still held, perhaps under the condition that they will be returned to reimburse solely US players? It doesn't seem right the DOJ is trying to hold on to funds that at this point could be used to repay players.
In addition, if FPT were sold it wouldn't seem right to fine the new owners for FTP's past violations and let Ray/etc to walk away.
Without a DOJ fine and part of the American players balance covered by the DOJ and the current owners FTP could still be sold.
Can't the American players protest more?
09-07-2011 , 01:52 PM
Quote:
Originally Posted by ZFC
Can't the American players put any kind of pressure to the DOJ to release any funds still held, perhaps under the condition that they will be returned to reimburse solely US players? It doesn't seem right the DOJ is trying to hold on to funds that at this point could be used to repay players.
In addition, if FPT were sold it wouldn't seem right to fine the new owners for FTP's past violations and let Ray/etc to walk away.
Without a DOJ fine and part of the American players balance covered by the DOJ and the current owners FTP could still be sold.
Can't the American players protest more?
Solely pay US players? The ******ed politics of the "great" US is the reason we are in this mess. How about players who live in countries where it is LEGAL yet have our funds frozen by a foreign ****ing government?

Man I hate the US.
09-07-2011 , 01:52 PM
They must not owe the Euro player base too much money - I can't see them owing 150 million or so to the citizens of Europe and not end up on an Interpol list.

I bet the amount owed to non-US players is very very small relative to US. They can stiff the US for a big number and blame the DOJ, probably not so much with the rest of the planet because they have no one to blame - i.e. no other story makes sense for non-US players other than the company was looted and fleeced by its management.

      
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