Open Side Menu Go to the Top
Register
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%

06-16-2012 , 08:29 PM
Quote:
Originally Posted by Diamond_Flush
Sorry, I didn't mean to sound accusatory in tone. But the reason for waiting on Beckley's sentencing would likely be no different than waiting for Elie's, or anyone else's right?

Yes the same judge, Lewis Kaplan, presides over the sentencing in the criminal case for both of those individuals (and any others). That is in the criminal case v 12 people.

The civil case is heard in front of Judge Sand. This is the case where FTP would forfeit their assets, and where SDNY would put on the record what would happen to them. This is the same place where any other conditions of settlement, IN THE CIVIL CASE, would go onto the record.

There are many people involved in the criminal case. While it may seem that the disposition for some of them potentially overlap with an announcement you are hoping for in the civil case, there is no public information saying that is true, nor, even if it was, would it depend on the sentencing of another individual facing different charges and not remotely connected to the asset forfeiture etc.
No offence taken. I just found it funny that you responded with a question whose answer to you was self evident while my reaction to the question was, duh how should I know? The "duh" is not directed at you.

Thanks for the answers.
06-16-2012 , 08:35 PM
This is almost getting religious now.

Nobody has a monopoly on news or credible sources.
06-16-2012 , 09:18 PM
Quote:
Originally Posted by Bubbleblower
This is almost getting religious now.

Nobody has a monopoly on news or credible sources.
problem is 95% of people don t have creditable sources
06-16-2012 , 09:21 PM
Quote:
Originally Posted by Diamond_Flush
....Honestly, some people make it really difficult to want to post here at all.
Please don't stop posting in here! You are the reason why the sane 2+2ers come to this thread, the vast majority of us value your opinions and facts!

Trolls will be trolls and SGT is doing her best to get em down to the minimum. Thx for all your work in this thread .
06-16-2012 , 09:25 PM
Quote:
Originally Posted by DoTheMath
That's my fault. I worded that poorly. I should have left out the word 'fiduciary', or said something like "some other level of responsibility: fiduciary responsibility" . Read it again as if the word wasn't there.

I was trying to clarify why you thought that FTP had some obligation between a debt obligation and liability for fraud. You assert a fiduciary responsibility. Why? While FTP "takes deposits", it is not a deposit-taking institution like a bank. (It merely wnt so to give eh impression it is as safe as a bank.) I am unaware of any precedent having been set that online poker companies owe a fiduciary duty to players. As novahunterpa points out, there are several legal cases where the DoJ and courts have acted consistent with there being no constructive trust for player funds. When FTP makes false statements for the purpose of inducing or retaining deposts, they act fraudulently. I don't see the circumstances where FTP's obligation surpasses an unsecured debt but fails to attain the status of liability for fraud.

I'm going to disagree with two aspects of this.

Firstly, we don't know that they obtained all or most of the funds deceitfully. It seems probable that they only came to hold a lesser portion of their total funds by what you characterize as "violating their fiduciary obligations", and what I would characterize as "fraudulent means". That's not just a nitpick. It goes to the status of funds seized up to and including BF - those seizures were not made in respect to any allegation of a breach of fiduciary duty nor any fraud.

Second, while you undoubtedly know the law much better than I do, I have no reason to think that you know the law bettter than the DoJ lawyers handling this case, or the judge. I don't have the luxury of relying on a full legal education and years of experience at the bar. When a judge's ruling concurs with the submissions of government lawyers handling a case such as this, I have to accept that the law is as they describe. There is no bailment and no constructive trust. The only obligation preceding the fraud was an unsecured debt obligation. The commission of the fraud does not create some lesser obligation other than the obligation inherent in liability for fraud.
I think this is more a case of deciding whose economic ox will get gored, and then using some hollow reasoning as an excuse for a decision, than it is applying law to facts. You have a government judge ruling in favor of a government seizure of funds. The reasoning for the ruling is lightweight to be kind. The funds seized from FTP were almost certainly 99.99999% players funds and to rule that the players have no interest in them because they cannot prove which co-mingled dollar is their is, to my way of thinking, non-sensical. These are not pre-paid service contracts with uncertain value, these were cash accounts with balances available to see at every moment. I am unimpressed that government lawyers presented an argument and the judge went for it. I think if you look you will see that non-government lawyers had a very different point of view.

To me it doesn't pass the "fifth grader" test; i.e., if explained the facts and then asked a bunch of fifth graders whose money it was, I feel certain they would say it was the players' money and not the governments. We all hope the government will be nice and remit funds to the players but this ruling says that if the government wants, it can keep the funds and give the players nothing. Sound fair and just to you?

As to fiduciary duty, that arises any time someone holds the property of another pursuant to a promise, or promises, to hold it in accordance with certain conditions. I think it is undisputed that FTP made representations and inducements that would give rise to fiduciary obligations on its part with regard to funds received. The government argues, and you seem to accept, that FTP's actions were at all times fraudulent and; therefore, the funds were received fraudulently and never were subject to being held by FTP as a fiduciary. Everything I learned about the law says that FTP's fraudulent behavior was a violation of its fiduciary responsibilities and not that the fraud some how prevented the formation of the fiduciary relationship.

A large part of the motivation for ruling that the players have no justiciable interest in the seized assets may well be the judge wishing to avoid the messy prospect of having thousands of claimants vying for the seized assets. My personal opinion is that the decisions, regarding the players' interests in the seized assets and the failure of formation of a fiduciary relationship because of pre-occurring fraud, are intellectually and factually vacuous and made primarily for the benefit of the government and the convenience of the court. IMHO, it would be more just and logically sound to find that the players, as a group, had an interest in the seized funds (since virtually all of them came from players) and that the funds were held with fiduciary obligations pursuant to the representations made by FTP (I know of no law that says that because a person acts fraudulently they are relieved from responsibility for their promise, in fact the law is to the contrary).
06-16-2012 , 09:35 PM
Quote:
Originally Posted by Diamond_Flush
Honestly, some people make it really difficult to want to post here at all.
I think a lot of people basically scan this thread for posts by good posters like you, but don't get involved in the discussions much. Anyway, that's what I do, so please keep it up. Thanks.
06-16-2012 , 10:13 PM
havnt heard any news over a month yet thread is still thriving....
06-16-2012 , 10:15 PM
i thought full tilt might be back online today so i tried to log into my account.. no luck though
06-16-2012 , 10:24 PM
Quote:
Originally Posted by TravisD411
havnt heard any news over a month yet thread is still thriving....
I dunno about thriving...

In all seriousness though. If it's been a month the deal is probably dead.
06-16-2012 , 10:25 PM
I thought PS was coming in to save the day. Is there a reason to believe that this deal failed other than the silence? DOJ nor pokerstars are allowed to say anything while in negotiations.
06-16-2012 , 10:28 PM
Quote:
Originally Posted by evechad
I thought PS was coming in to save the day. Is there a reason to believe that this deal failed other than the silence? DOJ nor pokerstars are allowed to say anything while in negotiations.
You answered your own question.
06-16-2012 , 10:34 PM
Quote:
Originally Posted by evechad
I thought PS was coming in to save the day. Is there a reason to believe that this deal failed other than the silence? DOJ nor pokerstars are allowed to say anything while in negotiations.
Sorry, My Has failed me. People really need to catch up with the tour here.

D.F. I know it's difficult but please do not stop posting itt. I have read a lot of your posts and find the info you have given us to be quite helpful.

Never mind the trolls and haters
Keep on doing what your doing.
06-16-2012 , 11:00 PM
So we've reached an all new low of having moderators trolling? Nice.
06-16-2012 , 11:11 PM
Whats the point in having this thread...just a load of random arguments about things that most of us know nothing about.

We dont know what is going out besides the likes of diamond and that...yet this thread is in the first page of NVG every day.

I check it and its two or three ******s arguing over something they dont have a clue about or are assuming ****.

Every day is the random next week joke or the troll who appears out of nowhere and says there will be knew on the 16,17th or on tuesday...

Last we know is pokerstars are in discussion with doj?? Leave it at that and wait...I know a load have money locked up but this thread is just ful of ****
06-16-2012 , 11:12 PM
Quote:
Originally Posted by Blizzuff
So we've reached an all new low of having moderators trolling? Nice.
Meh. Not real sure my sarcastic quip would be trolling. More so just trying to make light of a bad situation and hoping people begin reading the thread before posting the same comments/questions over and over.
06-16-2012 , 11:13 PM
Quote:
Originally Posted by peterc1992
Whats the point in having this thread...just a load of random arguments about things that most of us know nothing about.

We dont know what is going out besides the likes of diamond and that...yet this thread is in the first page of NVG every day.

I check it and its two or three ******s arguing over something they dont have a clue about or are assuming ****.

Every day is the random next week joke or the troll who appears out of nowhere and says there will be knew on the 16,17th or on tuesday...

Last we know is pokerstars are in discussion with doj?? Leave it at that and wait...I know a load have money locked up but this thread is just ful of ****
I know! And like, it totally sucks how 2p2 forces you to open the thread and read all of the replies! Is this not America??!?!?

This thread exists and remains open because if it didn't then there would be 5 different threads on the first page of NVG everyday spreading the nothingness that this one spreads in one thread. If you think this thread is pointless, think of how pointless it would be if it weren't contained. If you really think that if this thread didn't exist nobody on the biggest poker forum in the world wouldn't talk about the biggest poker story of all time then you are incorrect and naive.
06-16-2012 , 11:18 PM
Quote:
Originally Posted by peterc1992
Whats the point in having this thread...just a load of random arguments about things that most of us know nothing about.

We dont know what is going out besides the likes of diamond and that...yet this thread is in the first page of NVG every day.

I check it and its two or three ******s arguing over something they dont have a clue about or are assuming ****.

Every day is the random next week joke or the troll who appears out of nowhere and says there will be knew on the 16,17th or on tuesday...

Last we know is pokerstars are in discussion with doj?? Leave it at that and wait...I know a load have money locked up but this thread is just ful of ****
This thread exists purely because if it didn't, there would be 10 new threads on the first page of NVG all the time with random guys asking what's going on with FTP or starting a new thread every time they wanted to spout nonsense.

This is the FTP **** thread. Real news would get its own thread. No big news is coming here. Ever. It exists only to keep NVG from being bombarded with content-less FTP threads.
06-16-2012 , 11:23 PM
Quote:
Originally Posted by Davidian
lol, i don't give a **** if i am banned! i m not going to search through 30000 posts and i just figured out that the forum search function is crap!

guess the mods should know better how it works and find it easily! maybe they can search all the deleted stuff as well!
Copy and paste below code into Google and search:

Code:
"It's a done deal" site:forumserver.twoplustwo.com/29/news-views-gossip/ftp-discussion-thread-everything-but-big-new-news-goes-here-cliffs-op-1089355/
06-16-2012 , 11:28 PM
it goes something like this...

i open NVG with the .0000000000001% chance of hope that there will be some new thread about the deal being announced, player repayment play announced....

then when nothing is there, i decide to torture myself by reading this thread....

then i promptly return to my hole of depression and busto-ness.
06-16-2012 , 11:47 PM
Quote:
Originally Posted by ZBTHorton
I know! And like, it totally sucks how 2p2 forces you to open the thread and read all of the replies! Is this not America??!?!?

This thread exists and remains open because if it didn't then there would be 5 different threads on the first page of NVG everyday spreading the nothingness that this one spreads in one thread. If you think this thread is pointless, think of how pointless it would be if it weren't contained. If you really think that if this thread didn't exist nobody on the biggest poker forum in the world wouldn't talk about the biggest poker story of all time then you are incorrect and naive.
LDO but how could you possibly call the contents ITT nothingness? Are you a Buddhist?
06-16-2012 , 11:55 PM
Quote:
Originally Posted by ZBTHorton
I know! And like, it totally sucks how 2p2 forces you to open the thread and read all of the replies! Is this not America??!?!?

This thread exists and remains open because if it didn't then there would be 5 different threads on the first page of NVG everyday spreading the nothingness that this one spreads in one thread. If you think this thread is pointless, think of how pointless it would be if it weren't contained. If you really think that if this thread didn't exist nobody on the biggest poker forum in the world wouldn't talk about the biggest poker story of all time then you are incorrect and naive.

Fair enough on your behave as it would be a pain in the arse if there were loads of threads.


Im just pissed that i log on and see the thread at the top of the page and check it and its just people arguing over legal matters,when no-one knows what is going on.


As you said i dont have to come here but just i feel its mandatory every day just in case theres something new.

Quote:
Originally Posted by starvingwriter82
This thread exists purely because if it didn't, there would be 10 new threads on the first page of NVG all the time with random guys asking what's going on with FTP or starting a new thread every time they wanted to spout nonsense.

This is the FTP **** thread. Real news would get its own thread. No big news is coming here. Ever. It exists only to keep NVG from being bombarded with content-less FTP threads.
Thanks you for stating exactly what the mod above you just said.
06-16-2012 , 11:59 PM
Quote:
Originally Posted by peterc1992

As you said i dont have to come here but just i feel its mandatory every day just in case theres something new.
That's completely unnecessary. If you don't see a new FTP thread, there's nothing new you'd want to know. Don't feel the need to torture yourself for no reason.
06-17-2012 , 12:20 AM
This thread should close on weekends. Just sayin
06-17-2012 , 12:42 AM
Quote:
Originally Posted by pokur
i thought full tilt might be back online today so i tried to log into my account.. no luck though
try again next week
06-17-2012 , 12:43 AM
Obv. we all read this thread with hope for positive news.. We all know if breaking news happens it will be all over the place. I enjoy this thread, it makes us realize we are not alone.

My biggest pet peeve is everyone who whines and says this thread should be closed. Its like do you guys have an addiction problem that you can't stop yourself from opening this thread unless it's deleted and gone???

      
m