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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)
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07-16-2012 , 05:32 PM
Quote:
Originally Posted by bizzle03
In real news:

Bitar motion to stay granted.

Interestingly, Kentucky files motion to stay their in rem claims against Defendants. I can't open the document right now so can't comment on that any further.

If anyone can and/or cares to guess at the implications, gogogogo.
Extremely interested in this, if we could get a c/p or a link.

Quote:
Originally Posted by aggo
does kentucky even know what they are potentially impeding against their own citizens?
Our Gov. has no idea what he's doing to people like me. He is an idiot imo.
07-16-2012 , 05:32 PM
Quote:
Originally Posted by Tapirboy
No they weren't. They asked, but the US backed out of GATS, mooting the question.

I was surprised to find while checking to make sure that Antigua's actually still fighting this as of April. Not that they have any chance of getting anywhere at this point.
Quote:
The Arbitration decision came out in December, 2007. It proved to be an extraordinary decision. While, it reduced the amount from $3.44 Billion, to $21 Million, it gave Antigua the right to violate copyright protections on goods like films and music from the United States.This includes the distribution of copies of American music, movie and software products.

However, there seems to be no end to this dispute. In April, 2011, there are signs of a new chapter in the dispute. The further closing down of another 3 online gambling sites, has got the Government of Antigua, itching for another round at the WTO. This ruling comes when various allegations of fraud and money laundering are leveled against the gaming sites.
The online gaming dispute between U.S.A. and Antigua
07-16-2012 , 05:35 PM
Quote:
Originally Posted by NeedsToBeSaid
I agree that they probably feel like they will eventually strike these claims, but if they don't have some kind of understanding with the claimants then why wait to strike them? I assume they moved to strike the Webb claim because there is no way you can come to an understanding on that matter because it would open a floodgate in the future.
Most of these claims (all?) are filed under the presumption that they are certain to win a judgement, but if they had lost their cases, the DOJ never would have needed to strike them.
07-16-2012 , 05:36 PM
Quote:
Originally Posted by Go Get It
Extremely interested in this, if we could get a c/p or a link.
I quoted the only part of any substance. Only other thing they said is they will file their response on August 6. Also, they attached like 100 exhibits in support of their motion. (Basically, everything from the Kentucky case)
07-16-2012 , 05:40 PM
Quote:
Originally Posted by Gioco
I agree with the time value thing but see it as a primary reason why the claim clearing process should have always gone at full speed.

It's always possible that the claimants have/will agree to sell their claims but that is not a certainty and that doesn't explain why MTD's weren't filed immediately (especially when at least one of the claims is very shaky).
Which one? The DoJ makes the same argument vs the TT claim that was made against Webb. I would assume that it would also be successful. The cardroom claim seems absurd on its face to me, but maybe it has some legal merit I can't see. The Robb Evens claim is harder to judge without seeing some kind of response. The DoJ motion to strike seems compelling, but if the underlying facts were a certain way, it could be a valid claim.

Quote:
That still leaves the delayed publication of notice; regardless of any other fact, that had to be done and earlier is always better.
Could you explain this a bit more. So we're talking about this document: http://docs.justia.com/cases/federal...64/377900/188/

My understanding of this document is that it's telling the court that notice has been given and that the time to make claims has expired. Do we know if the forfeiture notice was on forfeiture.gov for an extended period beyond what is listed in the document? Is it possible that the DoJ filed the declaration of publication only when the case was getting ready to move forward?
07-16-2012 , 05:49 PM
Quote:
Originally Posted by bizzle03
I quoted the only part of any substance. Only other thing they said is they will file their response on August 6. Also, they attached like 100 exhibits in support of their motion. (Basically, everything from the Kentucky case)
So based on that quote, KY is going to wait till some time in August to file all the bull **** they have as claims against FTP/PS/UB&AP?

And I think DF mentioned this already, but that won't effect the deal, if there is one right?
07-16-2012 , 05:50 PM
New to the docket:

"Dear Judge Sand:

The Govemment respectfully writes in regard to the stipulation and order of settlement that was entered in regard to LST Financial, Inc. (the "LST Settlement") on July 11, 2012. As part of the LST Settlement, $6,062,116.49 offunds currently restrained are to be sent to the U.S. Marshals (the "Proposed Forfeited Funds"). SDNY

Because other claimants, including the Oldford Group Ltd. and other PokerStars-related entities, have asserted an interest in the funds in those accounts, including the Proposed Forfeited Funds, the Government respectfully requests that the Court So Order that the Government maintain the Proposed Forfeited Funds in a seized asset account until such claims are resolved and that no final forfeiture of the Proposed Forfeited Funds can take place until the resolution of such claims. Counsel for the PokerStars-related entities consents to this application."

The funds referred to are those that were recently forfeited by a payment processor who settled.
07-16-2012 , 05:54 PM
Quote:
Originally Posted by tamiller866
Most of these claims (all?) are filed under the presumption that they are certain to win a judgement, but if they had lost their cases, the DOJ never would have needed to strike them.
So you're saying that the DoJ thought that they were certain to lose the underlying cases? But there's no guarantee that it happens anytime soon. IIRC the cardroom case as been going on for years. I also don't think that the underlying case against FTP is certain to lose. The motion to dismiss the suit against the companies was denied. In any case, this all costs the DoJ money because they are forced to hold FTP software until the claims are stricken.
07-16-2012 , 05:55 PM
Quote:
Originally Posted by Go Get It
So based on that quote, KY is going to wait till some time in August to file all the bull **** they have as claims against FTP/PS/UB&AP?

And I think DF mentioned this already, but that won't effect the deal, if there is one right?
Not necessarily. That's just the court deadline for filing their answer to the complaint.

To say it won't effect the deal is probably a loaded question. It may not stop them from coming to a final agreement, but it could probably stop the agreement from taking full effect.

I think what DF said was that they PS/FTP/DOJ could potentially agree to a settlement subject to so and so conditions being met. One of which would probably be clean title. Clean title could not happen until these claims to title on the assets are washed away. Whether by settlement, by a Judge dismissing them, or by full hearing on the merits. I'm not sure anyone but the parties involved have any idea how that will play out. They may not even know.
07-16-2012 , 06:02 PM
Quote:
Originally Posted by tamiller866
The Arbitration decision came out in December, 2007. It proved to be an extraordinary decision. While, it reduced the amount from $3.44 Billion, to $21 Million, it gave Antigua the right to violate copyright protections on goods like films and music from the United States.This includes the distribution of copies of American music, movie and software products.
This is flat-out false. The arbitrator determined that Antigua did have the right to petition WTO for sanctions. The US responded by pulling out of GATS. Sanctions were never actually awarded. Perhaps you should try reading actual WTO documents instead of random Indian news sites? They're readily available.
07-16-2012 , 06:06 PM
Without requoting all the requests here, all I can say is that there is nothing more I can add than I already have, and as soon as I can, I will.
For those that asked if I would post that the deal were dead, if I knew that to be true, the answer is yes, in a New York minute, I would say so.

Quote:
Originally Posted by rayfox111
Whats the big deal with the women, according to them their superior to males in every way, apart from physical strength.

OK, their well out numbered in terms of entries, but surely their greater intelligence should see them succeed!
lol, wat?

On a positive note, you can join the club of people who do not understand the difference between "their", "there" and "they're". You went one for three tho, well done!

Last edited by SGT RJ; 07-16-2012 at 06:44 PM.
07-16-2012 , 06:16 PM
Quote:
Originally Posted by black_friday
I find it hard to believe that the deal hinges on anything but money and jail time.

I doubt Kentucky, todd terry or any other trivial obstacles could derail justice. Justice being players and everyone getting paid

At this point gbt>nothing. But who is to say gbt wouldn't default on his obligations. Just sucks that these negotiations are confidential.


That was a real issue with the gbt deal. The doj had no real remedy if gbt defaulted on long term paybacks or even restructured them except for a civil suit.

It is not like the doj could file criminal charges against gbt if they failed to pay back the row players.
07-16-2012 , 06:17 PM
Quote:
Originally Posted by Tapirboy
This is flat-out false. The arbitrator determined that Antigua did have the right to petition WTO for sanctions. The US responded by pulling out of GATS. Sanctions were never actually awarded. Perhaps you should try reading actual WTO documents instead of random Indian news sites? They're readily available.
From the Arbitration Report:

Quote:
6.1 For the reasons set out above, the Arbitrator determines that the annual level of nullification or impairment of benefits accuing to Antigua in this case is US$21 million and that Antigua has followed the principles and procedures of Article 22.3 of the DSU in determining that it is not practicable or effective to suspend concessions or other obligations under the GATS and that the circumstances were serious enough. Accordingly, the Arbitrator determines that Antigua may request authorization from the DSB, to suspend the obligations under the TRIPS Agreement mentioned in paragraph 5.6 above, at a level not exceeding US$21 million annually.
07-16-2012 , 06:17 PM
Quote:
Originally Posted by Diamond_Flush
lol, wat?

On a positive note, you can join the club of people who do not understand the difference between "their", "there" and "they're". You went one for three tho, well done!
lololol, I don't care about your old as dirt and whatever claims, I just flat out you.

Last edited by mpethybridge; 07-16-2012 at 06:18 PM. Reason: <---old as dirt and ugly as sin
07-16-2012 , 06:18 PM
DF,

Are you still cautiously optimistic?
07-16-2012 , 06:23 PM
Quote:
Originally Posted by New User
DF,

Are you still cautiously optimistic?
Instead of getting an instant boner, and letting it blur your vision when you see that DF logo and noticed she posted, please READ what she posts. She just said she has nothing new to tell us, so you would ASSUME, that she is still "cautiously optimistic".
07-16-2012 , 06:28 PM
Can we just get updates in this thread instead of grammar lessons? Honestly I am tired of the speculation and want to hear only concrete evidence of something positive happening with regards to FTP being relaunched. Not sure why I keep opening this thread when there isn't anything new going on with FTP.

Last edited by kevmode; 07-16-2012 at 06:28 PM. Reason: I have been patient long enough with FTP.
07-16-2012 , 06:29 PM
Quote:
Originally Posted by bizzle03
In real news:

Bitar motion to stay granted.

Interestingly, Kentucky files motion to stay their in rem claims against Defendants. I can't open the document right now so can't comment on that any further.

If anyone can and/or cares to guess at the implications, gogogogo.
The Bitar motion is pretty standard (I think we discussed this last week when the request was filed). The civil case gets stayed so no chance the defendant is forced to violate 5th amendment rights while there is his criminal case still pending where those statements, testimony/depositions etc., could be used against him.

As to the Kentucky motion, I just read it quickly and they are pretty much claiming prior exclusive jurisdiction over the domain names. As I already mentioned, the Commonwealth started a suit for 141 domain names in 2008, got it into court rather clandestinely (cant say surreptitiously or ZBT freaks out!).
After lots of back and forth, the District judge in Kentucky (not a federal case btw), Wingate, likes to think he makes the rules, laws and appellates be damned! Their latest order of forfeiture was March this year, and the domain names from this case were at least temporarily removed from the order, because they were already "seized" by DOJ in this case. They did file a timely claim tho, and now that they realize that they would not be "losing" domain names to just the DOJ, that they could indeed be sold to another party, with whom they have the same issues, they apparently want to litigate it. The government will have to answer the motion, and Judge Sand will decide.
(My personal guess, no inside information, is that they asked for some ridiculous amount of money to go away and was turned down, bringing them to try again now publicly)
Last I checked they were not successful in gaining access via Verisign to all or even any of the domains they claimed, and there is still pending an appeal in Kentucky Supreme Court. I published an article on this in March if anyone wants background.

Btw, this action was not brought by the commonwealth directly, they actually pay for an outside lawyer to litigate this for 4 years now. Well done Kentucky, another fine example of tax dollars at work.
07-16-2012 , 06:29 PM
I think she's downgraded to no opinion
07-16-2012 , 06:36 PM
Quote:
Originally Posted by Diamond_Flush
The Bitar motion is pretty standard (I think we discussed this last week when the request was filed). The civil case gets stayed so no chance the defendant is forced to violate 5th amendment rights while there is his criminal case still pending where those statements, testimony/depositions etc., could be used against him.

As to the Kentucky motion, I just read it quickly and they are pretty much claiming prior exclusive jurisdiction over the domain names. As I already mentioned, the Commonwealth started a suit for 141 domain names in 2008, got it into court rather clandestinely (cant say surreptitiously or ZBT freaks out!).
After lots of back and forth, the District judge in Kentucky (not a federal case btw), Wingate, likes to think he makes the rules, laws and appellates be damned! Their latest order of forfeiture was March this year, and the domain names from this case were at least temporarily removed from the order, because they were already "seized" by DOJ in this case. They did file a timely claim tho, and now that they realize that they would not be "losing" domain names to just the DOJ, that they could indeed be sold to another party, with whom they have the same issues, they apparently want to litigate it. The government will have to answer the motion, and Judge Sand will decide.
(My personal guess, no inside information, is that they asked for some ridiculous amount of money to go away and was turned down, bringing them to try again now publicly)
Last I checked they were not successful in gaining access via Verisign to all or even any of the domains they claimed, and there is still pending an appeal in Kentucky Supreme Court. I published an article on this in March if anyone wants background.

Btw, this action was not brought by the commonwealth directly, they actually pay for an outside lawyer to litigate this for 4 years now. Well done Kentucky, another fine example of tax dollars at work.
http://diamondflushpoker.com/2012/03...-domain-names/

Very interesting article imo.
07-16-2012 , 06:45 PM
Quote:
Originally Posted by kevmode
Can we just get updates in this thread instead of grammar lessons? Honestly I am tired of the speculation and want to hear only concrete evidence of something positive happening with regards to FTP being relaunched. Not sure why I keep opening this thread when there isn't anything new going on with FTP.
Trust me, if something substantial happens, there will be a new standalone thread in NVG.

If you find this thread annoying and tedious, there is zero reason to click on it. I promise, you won't miss anything. There's literally no chance a major development could occur that anyone who skims the front page of NVG wouldn't find out about.
07-16-2012 , 06:51 PM
Quote:
Originally Posted by SGT RJ
Trust me, if something substantial happens, there will be a new standalone thread in NVG.

If you find this thread annoying and tedious, there is zero reason to click on it. I promise, you won't miss anything. There's literally no chance a major development could occur that anyone who skims the front page of NVG wouldn't find out about.
I know everyone keeps saying this, but it isn't exactly that simple. This thread has been a source of decent information at times that isn't really thread worthy on it's own. Sometimes links are posted with some information, sometimes DF tells us something informative, sometimes we just hear that it turned out the deal was supposed to be signed and done last monday but something happened, etc etc. Obviously if something major and official happens, you won't need this thread to find out, but for those of us trying to keep tabs on the pulse of this saga, this thread is only 99% worthless.

I must admit I wish there were a thread where major news was not the requirement, but only posts from people like DF, ZBT, etc, or links to news articles, or anything that actually added something at all 'new' could be posted rather than having to listen to a few unnamed posters who just seem to get off to this so much/enjoy hearing themselves talk that the thread deviates into some of incredibly mundane and worthless discussions that are unrelated to what 95% of ppl reading this care about. I am probably living in a fantasy land with that wish because it is just too damn hard...Anyway, I guess what I am saying is this thread isn't ALL bad If you could somehow filter just the top few % of posts, this thread would have been okay (and most of my posts would have been deleted!)
07-16-2012 , 06:51 PM
Quote:
Originally Posted by Gioco
You're welcome to your opinion but in virtually every lawsuit I participated in over a 33 year period, a party in the position of the USAO would have attacked the claims at the earliest opportunity for the very reason that it will take a while to get them resolved. There's is just no reason to delay the process to have them dismissed. The facts and the legal positions aren't going to change.

And the publication of notice, its delay is truly negligent.
Actually some of it was addressed. For example, most of the TT class action suit was dismissed months ago, mostly based on jurisdictional/venue issues of the individual defendants. The premise of the case was also based on RICO, making it all the harder. I could be wrong, but I think the suit itself still exists only vs Bitar, but not sure. The issue of standing is still not fully addressed. Following the amended complaint, I believe the TT suit also made a claim against assets. Again the issue of standing has not been addressed on the docket.
Fwiw, the same group (TT et al) filed a new suit in Nevada months ago against Lederer and Ferguson for conversion.

As to the publication, what you refer to from the last couple of months was based on the personal accounts listed in the amended complaints. And yes, it took this long since September, but I admit, I have seen worse delays in other cases, which I don't understand, unless its to cause the interested parties to look every day forever on the forfeiture.gov site. Following Black Friday, I believe the original publication started mid-May 2011 and ran the requisite 30 days. I remember because when we "found" it, it was nearing the time for the July 15 2011 deadline to file the timely verified claims.
All named parties of course, got many subsequent extensions for claims/answers. I think Bitar was the only one to file last September.
07-16-2012 , 07:03 PM
Quote:
Originally Posted by Diamond_Flush
Without requoting all the requests here, all I can say is that there is nothing more I can add than I already have, and as soon as I can, I will.
For those that asked if I would post that the deal were dead, if I knew that to be true, the answer is yes, in a New York minute, I would say so.
I understand but just wanted to ask and I didn't intend to put you into a bad situation at all with the question even if that was the side affect.

Quote:
Originally Posted by black_friday
I think she's downgraded to no opinion

Sadly, it's hard not to read into that such a thing. The phrase 'cautiously optimistic' was tossed around pretty openly in the past but it just doesn't seem like the more 'in the know' people are willing to say that anymore. Could we be reading way more into than we should be, yes, but no one will even tell us what they think in a general way is going to happen anymore and so it's really hard to swallow no comment even if it is totally understandable to take that position. No hard feelings, but as usual, just sucks to be us with absolutely no idea if the deal is 90% to happen or 90% to fail or somewhere in between. If DF said she thought it was 50-50, that doesn't mean it IS 50 50 but at least I'd have about a 1000x better idea of where the situation stands than I do now absolutely and totally in the dark about what went wrong last week and where we stand now. This situation is just so brutal.
07-16-2012 , 07:15 PM
Quote:
Originally Posted by Huskermoney00
Instead of getting an instant boner, and letting it blur your vision when you see that DF logo and noticed she posted, please READ what she posts. She just said she has nothing new to tell us, so you would ASSUME, that she is still "cautiously optimistic".
Who are you, and what did you do with the real Huskermoney00?

      
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