Mike Postle cheating allegations (FAQ in first post) - Page 445 - Poker News

Hi Everyone:

Let me ask a question which I think has already been answered. But did the judge dismiss this case because he said that this was a gambling dispute between players and that gambling disputes between players is not enforceable in California law?

Mason

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06-06-2020 , 03:25 PM

#11103

golfnutt

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I guess without any real evidence, it goes into losers complaining about ‘sour grapes’.

I can’t believe they couldn’t uncover how he exactly he did it or any co-conspirators.

Rather sad.

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06-06-2020 , 04:42 PM

#11104

Angry_Polak

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Join Date: Oct 2019 Posts: 76

Quote:

Originally Posted by MicroDonkYT

What if Postle now goes on the offensive and sues Joey, Veronica, and Doug? He could have a legitimate case and show some real damages.

LFG!! DO IT!! truth is a defense and i get discovery time!!! This would not fair well for any of them

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06-06-2020 , 05:17 PM

#11105

BDHarrison

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Quote:

Originally Posted by Mason Malmuth

Here's the relevant part of the judge's ruling. (Citations removed to make it more readable for non-lawyers.) Full document here.

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Plaintiffs’ allegations against Postle for fraud, negligent misrepresentation, negligence per se, and unjust enrichment are all predicated on “monies lost to Mr. Postle” and “the loss of opportunity to earn monies through honest games of poker.” Unlike damages stemming from the rake, these damages are quintessential gambling losses that are barred for recovery by California public policy. By plaintiffs’ own admission, Stones alone collected and profited from the rake. Accordingly, California’s strong public policy against judicial resolution of civil claims arising out of gambling disputes mandates the dismissal with prejudice of plaintiff’s claims against Postle for fraud, negligent misrepresentation, negligence per se, and unjust enrichment.

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06-06-2020 , 05:19 PM

#11106

BDHarrison

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Quote:

Originally Posted by smashed you bro

After reading the judgement and the precedent that was presented by Postle's lawyers. I'm fine with what has eventuated. Do I think he cheated? Yes. But the decisions are also with prejudice . Which means the judge can only rule on current law. And the Plantiffs can now appeal. If they appeal to the Supreme Court of CA then their case gets to be heard.

This law is quite clearly outdated so they have a decent-ish chance.

One argument is that the proper remedy for an outdated law is for the legislature to fix the law, not for the courts to change their interpretation of the law.

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06-06-2020 , 06:37 PM

#11107

PointlessWords

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Quote:

Originally Posted by Mason Malmuth

I think this is the basic idea.

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06-06-2020 , 07:06 PM

#11108

Stlls

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Quote:

Originally Posted by Angry_Polak

LFG!! DO IT!! truth is a defense and i get discovery time!!! This would not fair well for any of them

I'd like to see some blood as well. The issue just being rejected from the get go and that's it would be very unsatisfying.

However, I think the fact that Postle is coming on Joey's podcast is almost a confession. He must have talked to a lawyer in the meantime and, innocent or guilty, he for sure would've gotten the advice to not talk to anybody - especially live broadcasting media outlets.

Everything that goes beyond what e.g. Jungle offered as his first twitter-statement regarding the recent allegations is just foolish and could cost him $30mio.+

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06-06-2020 , 07:15 PM

#11109

PointlessWords

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Quote:

Originally Posted by Stlls

Cost jungle $30mil?

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06-06-2020 , 07:29 PM

#11110

Stlls

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You really don't understand what I meant? Or is this yet another attempt to make fun of a non-native english speaker?

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06-06-2020 , 07:31 PM

#11111

nutella virus

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I wasnt making fun of you, and didnt know english isn't your 1st language. I think this guy is questioning your statement not your english

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06-06-2020 , 07:37 PM

#11112

PointlessWords

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Quote:

Originally Posted by Stlls

You really don't understand what I meant? Or is this yet another attempt to make fun of a non-native english speaker?

You think jungle mans statement cost him $30 mil? Just wanted to get more info on that

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06-06-2020 , 07:41 PM

#11113

Stlls

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Join Date: Jan 2020 Posts: 235

Quote:

Originally Posted by nutella virus

I wasnt making fun of you, and didnt know english isn't your 1st language. I think this guy is questioning your statement not your english

Oh you did, and the only responses came from natives who instantly called you out for that, as it was clearly ridiculous. But no need to derail, I didn't even mention who or what so leave it at that pls.

To clarify, I was saying that a statement from Postle that goes beyond what for example Jungleman offered in his first tweet would be ....

Quote:

Originally Posted by PointlessWords

You think jungle mans statement cost him $30 mil? Just wanted to get more info on that

Those affected are trying to sue Postle for $30mio. in case you missed it.

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06-06-2020 , 07:45 PM

#11114

AngusThermopyle

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Quote:

Originally Posted by Stlls

Those affected are trying to sue Postle for $30mio. in case you missed it.

And even if they had a confession from Postle, the judge would have dismissed the case.

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06-06-2020 , 07:49 PM

#11115

Stlls

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So what, is it over yet? Do you really think him opening up now and potentially revealing that he's guilty wouldn't change anything?

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06-06-2020 , 07:55 PM

#11116

PointlessWords

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The state of California has a policy/ law not to get involved with civil issues between private gambling parties. So basically anyone with any gambling related issues in California is ****ed. I would say that people shouldn’t be doing any poker loans or backing in California for this reason alone. I would also imagine scammers are loving this thread just thinking of ways to rip people off in California.

Last edited by PointlessWords; 06-06-2020 at 08:06 PM.

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06-06-2020 , 07:56 PM

#11117

AngusThermopyle

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The $30mil case is dead.

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06-06-2020 , 08:22 PM

#11118

Stlls

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Quote:

Originally Posted by PointlessWords

Thx for clarifying. That's unfortunate. Weird that the plaintiff's lawyers still attempted it then.

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06-06-2020 , 09:20 PM

#11119

madlex

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Quote:

Originally Posted by Stlls

So what, is it over yet? Do you really think him opening up now and potentially revealing that he's guilty wouldn't change anything?

Yes, that’s exactly how it looks like right now.

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06-06-2020 , 09:39 PM

#11120

AngusThermopyle

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Quote:

Originally Posted by madlex

Yes, that’s exactly how it looks like right now.

Well, there is Marle's suit filed in Nevada. Same lawyer.

Not sure if Postle (or ghost lawyer) can challenge that it should be filed in California or if California rules apply.

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06-06-2020 , 09:52 PM

#11121

Angry_Polak

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Join Date: Oct 2019 Posts: 76

Quote:

Originally Posted by a dewd

What I don't understand is how nobody that played with him has not tried to have more of a 1 on 1 discussion with Postle.

If I was cheated, I would definitely look forward to sitting with him again. I do not believe I'm the only one that sees it like this.

Drake spoke to him before i went public.

tell me how does a cheat deal with a confrontation? does he say "OMG you caught me, ok i will stop" and admit to it all?

What logical sense does it make to confront him?

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06-06-2020 , 10:02 PM

#11122

Stlls

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Join Date: Jan 2020 Posts: 235

Quote:

Originally Posted by Angry_Polak

True. But I guess, even in the absence of a logical justification, it would still be common for those affected to react emotionally and confront the cheater. I mean, would you rather say nothing and wait for the off chance of a kid on the internet devoting his time to analyze and cover the issue.

Quote:

Originally Posted by PointlessWords

Does the law not get involved in anything related to a private gamble? What if he e.g. had stolen a few chips from the ppl sitting next to him over and over again and they had all on camera. Would that also be ignored?

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06-06-2020 , 10:06 PM

#11123

a dewd

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Quote:

Originally Posted by Angry_Polak

I think we have different views of the "discussion".

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06-06-2020 , 11:15 PM

#11124

Angry_Polak

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Quote:

Originally Posted by a dewd

I think we have different views of the "discussion".

i'm listening

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06-06-2020 , 11:19 PM

#11125

golfnutt

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Join Date: Oct 2007 Posts: 5,969

This was always going to be a difficult case without any physical evidence or clear explanation of how he did it. Nobody has said what information he even received. Was it his opponents’ actual cards or just telling him to bet or bluff?

Definitely no prison. I think that had to be a concern too. I think it should be a very serious crime to tap into casino electronics for a financial advantage over other customers. We want to strongly dissuade people from trying this ever again.

I got to say this feels rotten. I am willing to hear his side of the story though.

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