Black Friday figures Rafe Furst and Howard Lederer are seeking a dismissal of the civil case against them in a California court. The men filed a motion to dismiss the the $42 million lawsuit based on a lack of evidence and the claim that Full Tilt Poker (FTP) did not qualify as an illegal activity under the Illegal Gambling Business Act (IGBA).
The Case Against Them
FTP players filed suit against the company earlier this year, alleging misuse of player funds by company officials. The Department of Justice (DOJ) is in agreement with the players and has labelled the whole affair as a, global Ponzi scheme. (This, of course, is the basis for the Black Friday case that close down the American online poker industry.)
The DOJ has vigorously pursued FTP executives across the globe in this case and is coming close to wrapping up some of the bigger cases. Earlier this month, FTP CEO Ray Bitar surrendered to American authorities on criminal fraud and gambling charges.
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The Case for Dismissal
In Lederer’s case, attorneys are claiming that there’s no actual evidence pointing to any wrongdoing by their client. They’re also claiming that Federer had no knowledge of forum posts by someone using the name FTPDoug who promised worried players that the money in their accounts was perfectly safe.
The claim for dismissal also touched on the Government’s charges that Lederer violated the IGBA by running an online poker site. Attorney are arguing that the statutes do not apply to poker clubs or online poker operations.
Furst has already filed a nearly identical claim. It’s expected that Chris Ferguson, a poker player and company director, will also file for dismissal this week, too.
Do you think that Lederer and Furst have chance at getting a dismissal in this case? You don’t have to be a lawyer to share your opinion on our Online Gambling Laws & Regulations Forum.