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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%

09-01-2011 , 05:28 PM
Quote:
Originally Posted by therealjohnny416
I have never given anything away for a price before..have you? Isn't that selling?
think you need to read rest of thread, you can have FTP for $0 if you have $300m to put in an account......mind you, you already owe players $300m and the DoJ a potential $1bn. Got a few legal costs to cover too - still interested? There might be 6 months wages for the 600 staff to get you going?
09-01-2011 , 05:28 PM
Quote:
Originally Posted by vamooose
$0.05 on the $ pls.....the shares are an unknown liability, worth less than $0 each, hence the reason FTP are trying to give away the company and still don't have any takers
Come on they are giving it away with conditions, you can have it if you pay up 300 megas or whatever, if they just wanted to give it away there would be a long line of takers.
09-01-2011 , 05:29 PM
Sometimes, SP chooses not to publish things specifically because we don't have a nice clear interpretation of them and we think that we'll be able to do a better job if we hold off.

For example, the shortfall was in the public domain since Bradley Franzen's plea agreement on May 23rd. We had no ****ing clue what it meant at the time (mostly because the correct and only explanation just seemed completely absurd), and we just couldn't put it into context at all--Did this mean FTP had lost $60M by doing something really stupid? (They actually lost at least $119M.) Was this totally standard practice? (Nope.) Did FTP do this intentionally like the DOJ press release seemed to imply? (Yep.) Was this as big a deal as it seemed? (Yep.) If so, why was it buried at the bottom of a press release? (Don't know.) It seemed that not many other people had noticed this part of the press release from the DOJ, and we thought that we had the ability to figure this stuff out, so we just starting asking everyone we could "WTF is this $60M shortfall thing?" A few weeks later, we published an extremely detailed article.

In other cases, we simply publish stuff without much interpretation. I mean.. I'm not going to figure out someone's motives. It's unlikely that anyone will tell me on the record why Ifrah did this, and even if someone did, I'd have absolutely no way to discern whether or not he was lying. So, I basically have four choices:

1) Simply publish what happened with some context, as we did.
2) Speculate about someone else's motives in an article.
3) Tag it on to some other article as an aside.
4) Not publish it at all.

I didn't really consider option two at all of course. What do you guys think?
09-01-2011 , 05:33 PM
Quote:
Originally Posted by El Tico
Just read this article and was wondering what is everyone take on this...

http://www.subjectpoker.com/2011/09/ftp-pro-se/

Tnx!
First I heard of that thanks!
09-01-2011 , 05:33 PM
Quote:
Originally Posted by NoahSD
So, I basically have four choices:

1) Simply publish what happened with some context.
2) Speculate about someone else's motives in an article.
3) Tag it on to some other article as an aside.
4) Not publish it at all.

I didn't really consider option two at all of course. What do you guys think?
#1 or your sources dry up

edit: maybe a bit of #2 if it's cleared labelled as speculative

+1 for TT's statement below

Last edited by vamooose; 09-01-2011 at 05:53 PM.
09-01-2011 , 05:35 PM
In a very short period of time, S:P has established itself as one of the few credible news sources in the poker world. They've done a lot of digging and come up with a lot of information that no one else made the effort to uncover. I think they're doing a great job.
09-01-2011 , 05:35 PM
Quote:
Originally Posted by NoahSD
Sometimes, SP chooses not to publish things specifically because we don't have a nice clear interpretation of them and we think that we'll be able to do a better job if we hold off.

For example, the shortfall was in the public domain since Bradley Franzen's plea agreement on May 23rd. We had no ****ing clue what it meant at the time (mostly because the correct and only explanation just seemed completely absurd), and we just couldn't put it into context at all--Did this mean FTP had lost $60M by doing something really stupid? (They actually lost at least $119M.) Was this totally standard practice? (Nope.) Did FTP do this intentionally like the DOJ press release seemed to imply? (Yep.) Was this as big a deal as it seemed? (Yep.) If so, why was it buried at the bottom of a press release? (Don't know.) It seemed that not many other people had noticed this part of the press release from the DOJ, and we thought that we had the ability to figure this stuff out, so we just starting asking everyone we could "WTF is this $60M shortfall thing?" A few weeks later, we published an extremely detailed article.

In other cases, we publish stuff without much interpretation for a lot of reasons. I mean.. I'm not going to figure out someone's motives. It's unlikely that anyone will tell me on the record why Ifrah did this, and even if someone did, I'd have absolutely no way to discern whether or not he was lying. So, I basically have four choices:

1) Simply publish what happened with some context.
2) Speculate about someone else's motives in an article.
3) Tag it on to some other article as an aside.
4) Not publish it at all.

I didn't really consider option two at all of course. What do you guys think?
Option 1 obviously, when in doubt always publish imo . It's just irritating that it feels like it could either be super impactful (positive or negative) or not impactful at all and we don't have the knowledge to make any kind of judgement on which it is.

But I guess that is pretty standard when it comes to news surrounding FTP .
09-01-2011 , 05:37 PM
The article was fine, Noah. You explained the facts without interpreting them for us, and I think knowing that Mr. Ifrah asked to withdraw from the case is pretty relevant.

What does it mean, though? IDK, but if the law firm representing them wants out because of the financial burden, I can't think that's a very good sign. I think they probably know that the amount of work they would have to put into the defense is more than FTP can afford to pay, and quite possibly a substantial amount more.

I think FTP is pretty close to completely without cash at this point, but that's just my opinion.
09-01-2011 , 05:40 PM
Quote:
Originally Posted by BullDyke
Marketplace had buyers at 0.1 a few hours ago, so might very well get rid of it.
where's this at?
09-01-2011 , 05:48 PM
Quote:
Originally Posted by SGT RJ
The article was fine, Noah. You explained the facts without interpreting them for us, and I think knowing that Mr. Ifrah asked to withdraw from the case is pretty relevant.

What does it mean, though? IDK, but if the law firm representing them wants out because of the financial burden, I can't think that's a very good sign. I think they probably know that the amount of work they would have to put into the defense is more than FTP can afford to pay, and quite possibly a substantial amount more.

I think FTP is pretty close to completely without cash at this point, but that's just my opinion.
Moving to withdraw does not imply that the client doesn't have the money. What is pretty obvious if you actually read the statement is that he suggests that the case was under/mis-represented to him when he took it. Now further facts have been presented to him he feels he can't fulfil his obligations without detriment to the long term health of his firm.

Example - he might need to hire ten new secretaries and ten extra para-legals plus rent twenty new photocopiers. He can't justify this for the sake of a single case. Therefore he asks for leave to remove himself. If the move simply implied that his client has no money to pay him he would not do this as it would seriously prejudice his clients future prospects of retaining alternative counsel.

Thankfully courts are generally presided over by people smarter than your average NVG'er - who tend not to jump to, "Well I'm not sure and have no basis other than a gut instinct to say so but they be busto.." type conclusions.

Last edited by Rhubarbwp; 09-01-2011 at 05:50 PM. Reason: Also yet to find counsel that don't get paid upfront...
09-01-2011 , 05:48 PM
Quote:
Originally Posted by Skallagrim
Actually my guess, and it is purely my guess and has nothing to do with anything other than the public information I have read along with all the rest of you, is that FTP was not "illiquid" prior to BF, or at least not illiquid to a significant degree.

But obviously they were at the very least awful close to the line. And so once the DOJ hit them on BF they had no ability to recover, especially since BF also caused them to lose roughly half their income stream (no US rake).

Someday we will all have the actual numbers and will have a real answer.

But the main reason I responded to ledason was not to speculate as to how FTP got itself (and, more importantly, us players) into this royal mess, nor to defend the Alderney gaming commission. It was to defend the Isle of Man gaming commission.

Requiring its licensees to keep segregated accounts in trust for player funds, and monitoring those accounts to make sure all was kept as promised, not only protected players, but also PokerStars and even the IOM authorities. At least that is my opinion on all of this.

Whatever led to Alderney not requiring segregated trust accounts, and FTP not having them, I suspect they both sincerely regret that now. And so do the rest of us, except even more so.

Skallagrim
Wow, no offense to you, but you are naive of you think that FTP was solvent prior to BF. Did you not read their statement? They practically admitted that they were insolvent. I would agree, we dont have proof, but the wide ranging view based on the public evidence is that they were insolvent.
09-01-2011 , 05:49 PM
Quote:
Originally Posted by LedaSon
IOM, as I have said before, if the best of the worst.....

Just because PS was able to repay anyone does not mean that that the IOM system protected them - it may just means that PS had that cash reserves to pay.

PS and IOM would not have faced these issues if as a regulator IOM had said...'hey should you be doing this? It could result in fines, jail, trouble with the US DOJ, etc..' This is not high integrity regulation. We are not taking a stand here on if Poker should be legal - this is for citizens to decide and their law makers to enact law for or against.

Lets not forget that PS is also under a rem action and its owners are under federal indictment and the jury remains out how this is going to play out. We are sorry if people think that because PS was able to pay that this implies that IOM was a good regulator....We just dont agree...its great that because they took this stance players got to play and PS make lots of money, but that doesn't make it right. This is not high integrity - this is a regulator allowing and supporting lawlessness in order to create jobs in its juridiction.

That is just my view here. Offshore regulation is bad, corrupt and in almost all cases is not protecting player interests and allowing operators to operate that are potentially doing things not in the best interests of players.
I agree IoM is the best of the worst if you want to put it that way

Because they could pay doesn't mean that IoM regulation worked - I didn't mean that. A necessary condition of claiming they failed is surely a case where players got stiffed else it's theoretical.

There was and still is alot of legal difference regarding the playing of poker in the US. The situation of UIGEA tacked onto the SAFE port Act and badly drafted really threw a spanner into the works. The DoJ could have shutdown the websites and made a warning notice saying don't play we consider it illegal like they did on BF and then if the sites continued repeated the BF actions later as they did and can say we gave you sites & players fair warning but they didn't.

Don't forget the US Govt. naturally had legal advisors that gave legal advice that they would prevail in the WTO court ruling concerning provision of Internet Gambling under GATS. We all know how that turned out so just because a lawyer or an Attorney General says so doesn't make it law (thats for the elected Govt. to decide) it's his interpretation of it till contested in Court(s) i.e. precedent. As I understand it.

As my friend jokes, barristers/lawyers as a total entity have a net success of zero so why employ them

Last edited by munkey; 09-01-2011 at 05:55 PM.
09-01-2011 , 05:49 PM
Quote:
Originally Posted by bbfg
Hey guyz she said on the record instead of off!!!

Anyway, reacting to this



I agree Noah has been very good through this whole FTP mess, but the latest article from S:P (it's not even posted by Noah i think) imo is pretty useless for the readers without more info or interpretation. It's logical that people are seeking for answers about what it means, since we don't know what it means/how it impacts things. I do not imply by that that it shouldn't have been posted, information should flow as freely as it can, just that it's kind of frustrating to read it without having any more info.
I guess you are referring to me, as I penned the latest article. All I can tell you is that it was a news piece, not Op-Ed. There is a time and place for both.

The news simply is that one of FTP's lawyers has asked permission to be relieved, in only the class action suit.. I gave you his exact words to the court.
In this particular action. Mr. Ifrah represents more than 10 defendants, and to be frank, it's not like going into municipal court for a speeding ticket.
He has been counsel for FTP et al for a number of other cases, and I never said he was ending their relationship or anything like that. AFAIK, he continues be one of the counsel in other actions pending.

Without telling you more than you want to know, if you click on the word "motion" in my piece, you will find his exact motion to the court. It clealy spells out the additional work he would be facing now, based on actions taken by the Plaintiffs. He also clearly refers to privileged information from his client.

There isn't much more to be added at this time. You can't expect him to risk everything and violate privilege to post on a poker forum. I don't.
09-01-2011 , 05:50 PM
Quote:
Originally Posted by NoahSD
Sometimes, SP chooses not to publish things specifically because we don't have a nice clear interpretation of them and we think that we'll be able to do a better job if we hold off.

For example, the shortfall was in the public domain since Bradley Franzen's plea agreement on May 23rd. We had no ****ing clue what it meant at the time (mostly because the correct and only explanation just seemed completely absurd), and we just couldn't put it into context at all--Did this mean FTP had lost $60M by doing something really stupid? (They actually lost at least $119M.) Was this totally standard practice? (Nope.) Did FTP do this intentionally like the DOJ press release seemed to imply? (Yep.) Was this as big a deal as it seemed? (Yep.) If so, why was it buried at the bottom of a press release? (Don't know.) It seemed that not many other people had noticed this part of the press release from the DOJ, and we thought that we had the ability to figure this stuff out, so we just starting asking everyone we could "WTF is this $60M shortfall thing?" A few weeks later, we published an extremely detailed article.

In other cases, we simply publish stuff without much interpretation. I mean.. I'm not going to figure out someone's motives. It's unlikely that anyone will tell me on the record why Ifrah did this, and even if someone did, I'd have absolutely no way to discern whether or not he was lying. So, I basically have four choices:

1) Simply publish what happened with some context, as we did.
2) Speculate about someone else's motives in an article.
3) Tag it on to some other article as an aside.
4) Not publish it at all.

I didn't really consider option two at all of course. What do you guys think?
Option 1 and 2 if you feel like it.
09-01-2011 , 05:54 PM
I claim that D_F didn't write that article - far too short, no footnotes and not enough detail - must be an imposter

Seriously separating facts from opinion whilst trying to provide a short and concise preci sis what makes a good journalist imho whilst hooking the readers with some interesting tidbits LDO.
09-01-2011 , 05:54 PM
Quote:
Originally Posted by LedaSon
Wow, no offense to you, but you are naive of you think that FTP was solvent prior to BF. Did you not read their statement?
Pretty sure his organisation had Lederer/Ferguson on it's board of directors prior to Black Friday. You cannot expect an unbiased viewpoint from this person.
09-01-2011 , 05:56 PM
Quote:
Originally Posted by LedaSon
Our debat is not about FTP, its about IOM allowing Pokerstars to operate while they were almost surely committing Bank Fraud in the US. We didn't say it, but it goes for AGCC as well.

There are no regulators here who are acting in the best interets of players, they are only first acting in their interests or the interests of their populous. Its a strong statement, but one we believe based on the facts.
I appreciate your debat [sic] isn't about FTP, its [sic] about IOM allowing pokerstars to operate while they were almost surely committing Bank Fraud.

So we're moving from "anyone here can see they were committing fraud" to "almost surely they were committing fraud". It's a start I suppose.

Two points - first, here's a bunch of free apostrophes [''''''] - feel free to use 'em when contracting "it is" to "it's".

Secondly, will you kindly point out the court case that agrees with your statement that Stars/Tilt/AP etc committed bank fraud? If not, all you have is sophistry and that's lazy in a way that Noah and Skallagrim aren't.

Btw who are you quoting when you say "we" - is Mrs Ledason there too or were you elected to speak on our behalf when we weren't looking?
09-01-2011 , 05:57 PM
Quote:
Originally Posted by Rhubarbwp
Moving to withdraw does not imply that the client doesn't have the money. What is pretty obvious if you actually read the statement is that he suggests that the case was under/mis-represented to him when he took it. Now further facts have been presented to him he feels he can't fulfil his obligations without detriment to the long term health of his firm.

Example - he might need to hire ten new secretaries and ten extra para-legals plus rent twenty new photocopiers. He can't justify this for the sake of a single case. Therefore he asks for leave to remove himself. If the move simply implied that his client has no money to pay him he would not do this as it would seriously prejudice his clients future prospects of retaining alternative counsel.

Thankfully courts are generally presided over by people smarter than your average NVG'er - who tend not to jump to, "Well I'm not sure and have no basis other than a gut instinct to say so but they be busto.." type conclusions.
From the article: "Full Tilt Poker attorney in the pending class action lawsuit, Jeff Ifrah, has asked the court for permission to step down, citing “an unreasonable financial burden on the law firm.”"

Your interpretation is also possible. I stated my opinion was an opinion, not a fact. You are certainly free to disagree with it, but implying that I'm not intelligent enough to read the article is a little out of line, IMO.
09-01-2011 , 05:59 PM
Quote:
Originally Posted by Rhubarbwp
Moving to withdraw does not imply that the client doesn't have the money. What is pretty obvious if you actually read the statement is that he suggests that the case was under/mis-represented to him when he took it. Now further facts have been presented to him he feels he can't fulfil his obligations without detriment to the long term health of his firm.

Example - he might need to hire ten new secretaries and ten extra para-legals plus rent twenty new photocopiers. He can't justify this for the sake of a single case. Therefore he asks for leave to remove himself. If the move simply implied that his client has no money to pay him he would not do this as it would seriously prejudice his clients future prospects of retaining alternative counsel.

Thankfully courts are generally presided over by people smarter than your average NVG'er - who tend not to jump to, "Well I'm not sure and have no basis other than a gut instinct to say so but they be busto.." type conclusions.
Well I for one never thought of the 10 new secs and 10 new paralegals and 20 new copiers as a reason he might cite potential financial hardships as his reason for withdrawl from the suits. I'm just another dumbass who thought it might be FTPs lack of money to cover long time fees. What was I thinking?Thanks for the heads up on this
09-01-2011 , 05:59 PM
Quote:
Originally Posted by novahunterpa
Sounds more like its going to cost Ifrah's law firm too much money to defend the case and they aren't sure can pay the legal fees going forward, unless I'm just reading it wrong.
Your reading is perfect.

This means "If we win, we don't know if we'll get paid, and if we lose, we don't know we'll get paid. So f*ck this noise, I'm outski."
09-01-2011 , 06:00 PM
Quote:
Originally Posted by Diamond_Flush
I guess you are referring to me, as I penned the latest article. All I can tell you is that it was a news piece, not Op-Ed. There is a time and place for both.

The news simply is that one of FTP's lawyers has asked permission to be relieved, in only the class action suit.. I gave you his exact words to the court.
In this particular action. Mr. Ifrah represents more than 10 defendants, and to be frank, it's not like going into municipal court for a speeding ticket.
He has been counsel for FTP et al for a number of other cases, and I never said he was ending their relationship or anything like that. AFAIK, he continues be one of the counsel in other actions pending.

Without telling you more than you want to know, if you click on the word "motion" in my piece, you will find his exact motion to the court. It clealy spells out the additional work he would be facing now, based on actions taken by the Plaintiffs. He also clearly refers to privileged information from his client.

There isn't much more to be added at this time. You can't expect him to risk everything and violate privilege to post on a poker forum. I don't.
Didn't read the actual motion yet (I've been conditionned to not click links in news articles since it's always just ads or crap behind the link ), read it now though, thanks for mentioning it.
First of all, I didn't want to criticise you or anything, I just responded to SGT RJs post with the opinion that it was very understandable people were seeking for more info since we are left guessing what the article actually means. I feel like by reading your post I already have a somewhat better grasp of it so thanks for that.
09-01-2011 , 06:06 PM
Quote:
Originally Posted by novahunterpa

This was not really possible with the way these remote gaming regulators operate. Regulators are in one jurisdiction,the sites in another, servers located someplace else, bank accounts spread all over the world, and the principles living(hiding) someplace else.

The problem with the IOM,AGCC,etc is they can't be effective regulators even if they wanted the way they're set up. Most of these regulators are just as shady as sites like FTP and UB.
Not true in IOM;
- Servers in IOM
- Funds in Trust or Account executed in IOM
- Directors resident in IOM
09-01-2011 , 06:08 PM
Quote:
Originally Posted by LedaSon
Wow, no offense to you, but you are naive of you think that FTP was solvent prior to BF. Did you not read their statement?
I am hardly naive.

The term used was "illiquid" not "solvent" and there is a distinction.

While I admit I may be wrong and stated originally that it was merely my guess, it remains my guess that if BF had not happened FTP would have had the liquidity to maintain operations and satisfy obligations and recover from the losses due to processor theft, prior DOJ seizures of processor funds, and the no-processor deposits.

This is different from saying that on 4/14/11 FTP had enough cash on hand to totally pay every account balance forthwith. Given what Todd Terry stated was said at the hearing and Subject: Poker's excellent follow-up regarding the uncollected deposits, it is pretty clear this was not the case.

But on a balance sheet before BF, those uncollected deposits would still be listed under "accounts receivable" and thus would offset the "accounts payable." After BF, the deal with the DOJ essentially turned those accounts receivable into bad debts.

Finally, please note that this is not meant to defend FTP in anyway. They played loose and fast with fire and got burned (and thus burned the players too) - on that maybe we can all agree.

Skallagrim
09-01-2011 , 06:09 PM
Quote:
Originally Posted by Diamond_Flush
I guess you are referring to me, as I penned the latest article. All I can tell you is that it was a news piece, not Op-Ed. There is a time and place for both.
Would S:P ever let someone write an op-ed for them? Or are they only going to publish hard news pieces?
09-01-2011 , 06:09 PM
Quote:
Originally Posted by SGT RJ
From the article: "Full Tilt Poker attorney in the pending class action lawsuit, Jeff Ifrah, has asked the court for permission to step down, citing “an unreasonable financial burden on the law firm.”"

Your interpretation is also possible. I stated my opinion was an opinion, not a fact. You are certainly free to disagree with it, but implying that I'm not intelligent enough to read the article is a little out of line, IMO.
Did you think to google other instances of "unreasonable financial burden" as a reason for removing oneself from representing someone? Or just think "financial burden" - must mean client got no money?

It's basic NVG thinking if that's what you did.

Basic NVG thinking =

      
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