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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?
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1,156 56.58%
No
887 43.42%

09-19-2011 , 06:30 PM
It is a bit confusing to me given that a bunch of smaller companies make ftp as a whole, so it seems hard to tell how this information relates to the situation as a whole, but these numbers are pretty eye opening. Very low profit, very low cash on hand.

How important is pocket kings in the grand scheme of ftp in terms of its day to day operations?
09-19-2011 , 06:31 PM
Quote:
Originally Posted by ExFTSlave
It sais that they made 125 million Euros in Gross Profit in 2010 and that they had 110 miion Euros in amdinistrative expenses. What the F is an administrative expense? So its basically saying FT made 125 million Euros and payed 110 million Euros to shareholders? Do I have this right?
Distributions to shareholders would not (or should not) be accounted for as administrative expenses. Administrative expenses are operating expenses or a part of operating expenses and include the costs of doing business such as employee salaries, rent, etc. Distributions to shareholders are not an operating expense--they are a reduction to equity.
09-19-2011 , 06:44 PM
Quote:
Originally Posted by mjackson
Sorry if this has already been covered ITT but while I agree with your feelings on this I'm pretty sure its not a legal argument. I think as other posters have pointed out, in order for the shareholders to be liable for dividend payments deriving from criminal activity it would have to be reasonably shown that they knew at the time the money was criminal proceeds and they took it anyway.
Apologies for returning to this subject but I think I need a little clarification.

Have the player funds been stolen? (I say yes)

If they have been stolen then where are they? (I say with hindsight that they were paid to Shareholders as dividends in a private company)

Why do the shareholders have to know that the dividends were stolen money at the time for them to be given back? (I say they didnt have to know at the time but that now that they do know they are in possession of stolen money they have to give it back).

Can someone explain to me in law why knowing that you have something that rightfully belongs to someone else which was stolen means you are allowed to keep it?
09-19-2011 , 06:52 PM
Quote:
Originally Posted by Hdemet
Apologies for returning to this subject but I think I need a little clarification.

Have the player funds been stolen? (I say yes)

If they have been stolen then where are they? (I say with hindsight that they were paid to Shareholders as dividends in a private company)

Why do the shareholders have to know that the dividends were stolen money at the time for them to be given back? (I say they didnt have to know at the time but that now that they do know they are in possession of stolen money they have to give it back).

Can someone explain to me in law why knowing that you have something that rightfully belongs to someone else which was stolen means you are allowed to keep it?
This is actually a pretty interesting point... kinda like buying stolen property. It doesn't seem logical that they would be able to keep the dividends. The hard part comes in trying to prove what was stolen. Their negligence in not keeping player funds segregated complicates this infinitely, it basically seems impossible to do.
09-19-2011 , 06:53 PM
I might be wrong here, but prooving the shareholders knew the dividends were the direct proceeds of criminal activity would be very difficult to the required standard of proof.
09-19-2011 , 06:57 PM
Quote:
Originally Posted by timrud
I might be wrong here, but prooving the shareholders knew the dividends were the direct proceeds of criminal activity would be very difficult to the required standard of proof.
It doesn't matter whether they knew it was stolen or not. In the vast majority of instances like this I'd be willing to bet the person being paid has no idea.

Edit: Did a little research to see how this is being resolved in the Madoff case. Interesting article:
http://www.thedailybeast.com/newswee...eeping-it.html
Quote:
The lucky folks who cashed in and got out before Bernard Madoff's $50 billion investment empire came crashing down might not be as lucky as they think. Sources close to the Madoff case say that a recent court ruling in a similar collapse—a Ponzi scheme called the Bayou Group—is likely to provide the legal road map for recovering as much money as possible from the Madoff mess. And if so, those who profited stand to lose not only their gains but also, in some cases, the original principal they invested in the scheme.
09-19-2011 , 07:11 PM
Quote:
Originally Posted by Hdemet
Apologies for returning to this subject but I think I need a little clarification.

Have the player funds been stolen? (I say yes)

If they have been stolen then where are they? (I say with hindsight that they were paid to Shareholders as dividends in a private company)

Why do the shareholders have to know that the dividends were stolen money at the time for them to be given back? (I say they didnt have to know at the time but that now that they do know they are in possession of stolen money they have to give it back).

Can someone explain to me in law why knowing that you have something that rightfully belongs to someone else which was stolen means you are allowed to keep it?
They can t be recalled but you could take action against the directors who issued them. If issued after the company got into trouble, then you would go after the directors who issued the dividends. You would sue the director, not have the dividend recalled. Whether the director received any part of the diviend or not, you can sue him for it.

In a way the law is setup in a way to rpevent directors from issueing dividends when the company is going under. The director would know they would be sued if they issue a dividend when the liquidator takes over the company to wrap things up.

You need to refer to it as not getting the dividend recalled, but sueing the directors that issued the dividend.

A cut and paste of general information. Not from exact US or Irish law

Can directors get into trouble paying a dividend?
Yes, in two circumstances directors may become personally liable to compensate the company for the amount of the dividend paid.

It is an offence under section 254T to pay a dividend except out of surplus assets. The claim arises when dividends are paid and the company has not earned sufficient profits to support the dividend.

The second is where dividends are paid while the company is insolvent and the company is later wound up. This could result in an insolvent trading claim being made against the directors.

What happens if this section is breached?

A breach of the section can lead to an action against the directors for compensation in the amount of the dividend. That is, directors may become personally liable to the company for the amount of a dividend, whether or not they received any part of that dividend themselves. Compensation is sought to bring the company back into the position that it held before paying the dividend.

What can a liquidator do?

A liquidator can seek compensation from a director in an amount equal to the amount of the dividend. This claim can be made whether the director was a shareholder or not, or received any benefit from the dividend or not. This section does not allow the liquidator to commence proceedings against the shareholders that received the dividend.[/B]

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09-19-2011 , 07:12 PM
Where is kevmode's full tilt shill defense of the day? Gonna spin this positive yet?
09-19-2011 , 07:15 PM
Cliffs on last 10 hours?
09-19-2011 , 07:15 PM
Anyone know Kristin Lawson?

Looks like a new Class Action is out there with RICO.

Damn, these FTP pros are going to have some nasty legal bills for a while.

http://dockets.justia.com/docket/new...v06087/384210/
09-19-2011 , 07:18 PM
Quote:
Originally Posted by LedaSon
Anyone know Kristin Lawson?

Looks like a new Class Action is out there with RICO.

Damn, these FTP pros are going to have some nasty legal bills for a while.

http://dockets.justia.com/docket/new...v06087/384210/
Awesome, at least I'm getting some justice for all my lost cash. Apply the pressure relentlessly IMO.
09-19-2011 , 07:21 PM
Quote:
Originally Posted by jweez
This is actually a pretty interesting point... kinda like buying stolen property. It doesn't seem logical that they would be able to keep the dividends. The hard part comes in trying to prove what was stolen. Their negligence in not keeping player funds segregated complicates this infinitely, it basically seems impossible to do.
see my other post. Dividends can not be recalled. But you can sue the directors that issued them
09-19-2011 , 07:24 PM
Quote:
Originally Posted by joeyrulesall
Where is kevmode's full tilt shill defense of the day? Gonna spin this positive yet?
What's wrong with you and the rest of the haters?

Nothing bad can possibly come of being positive - so chill out. If you guys are so doom and gloom, why do you even come to this thread? If it is so obvious that we have a 0% chance of getting our money back, then what can you possibly learn from this thread?
09-19-2011 , 07:25 PM
Quote:
Originally Posted by iampi
154 million Euro in sales to My West Nook Limited, for the year. For what? New houses for Bitar and Howard?

source: page 14, under #12 "Related Party Transactions"
Presumably, My West Nook is a corporate entity that pays PK to do all the stuff that PK does--provide customer service, work on the software, and just generally run FTP.

It's very easy to read too much into those docs. They're mostly just about money moving from one FTP company to another.

Quote:
Originally Posted by TheStuntman
Back in the first released statement, Full Tilt said it had millions stolen from a processor, why wasn't it said on the financial statements or the financial report?
Different company.

Quote:
Another troubling issue is the players' balances aren't listed as a liability account as I feel it should be with the cash held in an escrow account. Until every player took off every penny, Full Tilt should have a liability account for player funds. The lack of accounting seperating operating cash and player funds' cash is a potential red flag on my book as well as no liability account. I also think the auditor (Grant Thorton) should also be looked at as well.
Again.. wrong company. Pocket Kings doesn't hold player money. (Well.. nobody held much player money I guess, but Pocket Kings wasn't the company that was supposed to hold it.)

Quote:
Once again, I'm not heavily experienced in auditing/accounting for online card rooms, but I read the report and these thoughts are what came to my head.
You have to read these recognizing that it's a company whose entire purpose is to serve the companies that own it and it's only one piece of FTP's financial data. It's also likely a piece that deliberately doesn't contain anything that FTP didn't want to be public.

Quote:
Originally Posted by ExFTSlave
Noah I am reading this right. It sais FTP made 125 million Euros in 2010?
Nope. It just means that FTP moved that amount of money between two companies over that time period (May 1st 2009 to April 30th 2010) in such a way that it counted towards the gross profits of PK.
09-19-2011 , 07:26 PM
Quote:
Originally Posted by jhn_lundgren
They have not been indicted and they won't be. The DoJ usually indicts all parties at the same time. They don't put people on notice and let them destroy evidence, secret assets, etc. If they felt they had a case against other FT shareholders and officers they would have charged them already.
This is not true, again.
09-19-2011 , 07:29 PM
Any news on today's hearing?
09-19-2011 , 07:33 PM
Quote:
Originally Posted by osachs
Any news on today's hearing?
+1
09-19-2011 , 07:41 PM
Quote:
Originally Posted by LedaSon
Anyone know Kristin Lawson?

Looks like a new Class Action is out there with RICO.

Damn, these FTP pros are going to have some nasty legal bills for a while.

http://dockets.justia.com/docket/new...v06087/384210/
From the law suit:

Quote:
Defendant: Howard Kederer
Orly?
09-19-2011 , 07:51 PM
look at your K + L key , not hard to imagine how that one happened.
09-19-2011 , 07:58 PM
Quote:
Originally Posted by osachs
Any news on today's hearing?
TBC...

Quote:
Originally Posted by FrenchNoob
"Update: room @ Park Plaza booked for 48 hours, possibly till Wednesday. Hearing today expected to end by 5pm local time, though not certain."

"Also, two security guards have reportedly been appointed by the AGCC to patrol the hearing premises."

http://twitter.com/#!/QuadJacksDotCom
09-19-2011 , 07:58 PM
Quote:
Originally Posted by JRuViC
What's wrong with you and the rest of the haters?

Nothing bad can possibly come of being positive - so chill out. If you guys are so doom and gloom, why do you even come to this thread? If it is so obvious that we have a 0% chance of getting our money back, then what can you possibly learn from this thread?
they come here because they've been getting owned by us winning players who actually have money on the site for so many years and gone busto so many times ... and now is their time to get the "last laugh" if you will.
09-19-2011 , 08:02 PM
Quote:
Originally Posted by Zam
look at your K + L key , not hard to imagine how that one happened.
It's a law suit, it should be grammatically correct, especially in naming a defendant.

Don't want to give Howard any outs.
09-19-2011 , 08:02 PM
Quote:
Originally Posted by ShipItYo
they come here because they've been getting owned by us winning players who actually have money on the site for so many years and gone busto so many times ... and now is their time to get the "last laugh" if you will.
i have said this many times. And I 100% believe there is an element of truth to this. Major schadenfreude going on.

The busto fish are jealous at us winning players, and delight in our misfortune, and get glee in knowing that if they lost, well, at least we lost too.
09-19-2011 , 08:18 PM
Quote:
Originally Posted by jhn_lundgren
They have not been indicted and they won't be. The DoJ usually indicts all parties at the same time. They don't put people on notice and let them destroy evidence, secret assets, etc. If they felt they had a case against other FT shareholders and officers they would have charged them already.
You are posting like you know all the facts.

As already stated indictments could already be under seal and for all you know they have a cooperating witness who has suplied all the evidence they need.

Its fine to have an opinion but dont state it like its a 100% fact without rock solid evidence to back up your claims.
09-19-2011 , 08:19 PM
Quote:
Originally Posted by BigAl123456
Cliffs on last 10 hours?
this would be awesome

      
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