If that's the only claim, it could succeed, but then it's not an issue of whether the poker game is illegal. Under the proper circumstances, any number of transactions by a bankrupt estate could be rescinded, including perfectly legal ones.

For instance, there's no law that prohibits you from buying a car from your brother-in-law's car dealership at an inflated price, but if you do it for the purpose of avoiding paying your creditors in a bankruptcy case, the Bankruptcy Court can rescind that transaction.

The claim that does not make sense is one that since the poker game is illegal, he gets the money back. Even if the poker game was illegal, you don't get your money back.

Follow the money. Cloak and Dagger out.

clawback laws....they are FAR reaching..tobey will pay something

Whether it is rescinded depends on how far in advance the transaction took place. In other words, something you did thirty days before you filed bankruptcy could very well be rescinded while something done ninety days before might not. Depends on the state law.

Not sure if this has been mentioned as I did not read all nine pages of posts, but our "friend" over at the FOF affiliate, Citizen Link, has caught wind of the story. http://www.citizenlink.com/2011/06/2...gambling-ring/

If there was no rake, how could this be an illegal poker game, as the article suggests?

Yea thats what I am wondering too lol

In a deposition of the alleged ringleader of the operation, which took in tens of millions of dollars beginning in 2006 through 2009, Maguire is described as a "very, very frequent player," in the games, which ended in 2009.

Looks like they could have been raking it. I heard that Shannon Elizabeth used to rake the sh*t out of her home game.

Based on one of the posts here. The "host" was tipped by the winning players... And perhaps some of the losing players.

If this was how the house made money, this isn't rake. But I am sure this would become a grey area in terms of the law on whether there was a rake, and or determining the legality of the game.

But what does this have to do with it?

I would assume, and IANAL, that the legality of the game is a criminal matter that is up to the state to decide to take action. And the suit regarding recovery of the money is a civil matter that doesn't really hinge at all on whether the game was legal or not??

According to the document linked in the story the game was organised by someone called Molly Bloom who organised the location, dealers, paying losses etc and took a fee for doing this. Apparently she set up companies to handle the money.

Molly Bloom is a famous literary character so it's possibly not her real name.

That CEO is an idiot... the lawsuit is just a desperate attempt to get his money back and not live on the streets. Dumb fool forgot about the spidey senses.

Restitutio in integrum would work.

Condictio indebiti might work.

Three posts ought to do the job.

+1000

wat?

Every movie star I've ever played with is a fish. (LOL samplesizeaments)

But actually, it really does sound like Bilzerian's sour grapes.

Pretty sick.

US guys what do you think the verdict is usually in thes type of cases ? Does the guys who filed the suit have any legitamate hope of winning this case ?

Someone actually won a multi million dollar lawsuit by spilling hot coffee on themselves. So anything is possible.

At face value I'd say the probability of this case winning is small, but that's just my completely uneducated opinion. I am not a lawyer and have limited knowledge of California law or any precedents that may be applicable to this case, so it's entirely possible that I'm talking out of my ass here, but that doesn't seem to stop anyone else so I'm not going to let it stop me either.

Do you know who covered the expenses of the game. Suites, food & drinks etc.
I assume dealers just worked for tips

Do you blame him? The guy makes more in one movie than Bilzerian will make in his life. Gets access to all the big games going and kills it. All Bilzerian can do is talk **** about Tobey and try to make him look bad because he allegedly cleaned up in the games. I'd be pretty envious too.

lol pretty sure blizerians are wealthier than tobey will ever be. well close. i dont know how much tobey is worth but blizerians family got to be worth at least a couple of hundred millions

I think the implication is that Blitz is the fish

What's that got to do with this?

The people who had the winning tickets ldo