Quote:
Originally Posted by RikaKazak
After talking with a couple of other people, it seems like anyone that got their rakeback directly paid through FTP was considered "an affiliate." Even if they never signed anyone up, or had any business relationship with FTP.
I don't feel this is a fair ruling,...
As I said in the GCG thread:
Quote:
Originally Posted by DoTheMath
There have to be grounds, as provided by the regulations, to exclude a petitioner from eligibility. Being an employee of FTP or its affiliates is grounds. I doubt that referring a friend or having a rakeback deal constitutes being an employee. Being a participant in the offence, having knowledge of the offence or being willfully blind to the offence are grounds for exclusion. Again, I doubt that the vast majority of those people who have been tagged as ineligible are properly excluded under these grounds.
Quote:
Originally Posted by RikaKazak
and that we should somehow appeal the decision to not repay our balances, as it's clearly a use of the same term (affiliate) in two completely different meanings.
Anyone know what the best way to appeal it is?
Don't talk about this as an appeal (yet). An appeal is what you do when you have submitted a petition and the ruling official at the AGMLS doesn't give you everything you asked for.
AORN, the only decision about you that has been made is that GCG is not going to proactively email you a couple of identification numbers and let you fill in a default claim. You can still file a petition and claim what you think you should get.
So don't look at this as an appeal. What it is about is an exercise in crafting an irrefutable case for remission, given that you are starting out at a disadvantage.
With regard to being flagged as an afiliate and therefore not being on GCG's list of eligible victims, you have two ways to play it. You can submit a claim that doesn't mention the issue, and hope that somehow the decison-making process isn't going to refer to GCG's list of ineligible victims, and if the decision goes against you, then you appeal and only then deal directly with the "affiliate" issue. Alternatively, you can address it in your initial claim. I'd suggest the latter course, but IANAL. IMO you should submit a copy of your account history spreadsheet obtained from FTP, and explain that all those payments you received from FTP were not payments for employment or provision of services but rather they were by way of a volume discount for a high-volume customer. Explain that this clearly puts you outside of the group of ineligible victims: you didn't work for FTP, you didn't participate in the offence, you didn't know about the offence and you were not willfully blind to the offence.
Quote:
Originally Posted by RikaKazak
I was thinking it might be smart to group together and hire an attorney to represent us.
I mean, lots of guys have $2-$3k and it's obviously not worth it to hire an attorney to help out an account that small, but if a bunch of us got together, we could pool the cost and hire an attorney/law firm to present our case to the GCG, and if that proves unsuccessful, maybe we could sue Ray Bitar/others since he did make that plea deal to avoid jail time.
If anyone else is in the same situation I am, feel free to add me on skype (RikaKazak) I feel like getting together even if we don't hire an attorney, will still be our best course of action because between all of us, there's got to be someone's dad's that is a lawyer, or cousin, plus even if that avenue doesn't work, maybe we can come up with something else that I haven't thought of yet.
Over on the other thread you were saying you had enough money tied up for it to be worth you paying for a lawyer, and that you didn't want a PPA lawyer because you wanted a lawyer who was working for
you. Now you want to cut your costs and get a whole bunch of players together to hire a lawyer that won't be working just for you. Which isit? The advanatgess of a PPA lawyer are that she will be well-briefed on the issue, and pre-vetted for qualifications, experience and ability. For anybody with a lot of money tied up here, this is not the time to go cheap. Hire a lawyer that works for you only. You want somebody local to you, so you can meet easily, and so you have more access to references.
Quote:
Originally Posted by blackize5
Everything I've seen from the lawyers in this thread has said that there is no legal recourse here. They gave also said that the gcg has no authority to make decisions of any kind.
That's not quite what they've said. The DoJ's decisons regarding remission cannot be made subject to a lawsuit. No court is going to impose a different decision in substitution for a DoJ decision regarding a specific case or the remissions in general. (I am not so sure that one couldn't bring a case claiming that the DoJ didn't follow the rules. If so, the successful result would be to have the DoJ go back and revisit its decision while complying with the rules. This doesn't necessarily mean that a different decision would result.) You can still make use of a lwyer to develop yor claim, and every negative decision about a claim is subject to a single appeal back to the DoJ.
Quote:
Originally Posted by estuaryjones
This gives me some hope, but as the clock runs down, "wait and see" doesn't feel like a great option. Maybe we can turn the heat up a bit, or get our messaging straight? I'm hoping the folks involved in the process/who know what they're talking about will keep us informed.
By "wait and see", I think what is meant is don't file a petition without the benefit of information that is currently being actively sought and could be benefical to crafting your claim. I don't think it was meant that you should sit and do nothing.