Lederer lawyers call for conference over IGBA ruling
Tiltware board member joined by representatives of Chris Ferguson and Rafe Furst in calling for judge to bear in mind this month's DiCristina ruling - US government opposes "unnecessary" measure.
A lawyer for Tiltware board member Howard Lederer (pictured) has called for Judge Leonard B Sand to hold a status conference in the light of the US v DiCristina ruling which defined poker as not falling under the remit of the Illegal Gambling Business Act (IGBA).
In a letter addressed directly to the judge, Elliot Peters expressed his keenness to “Bring to Your Honor’s attention the recent opinion of the Honourable Jack B Weinstein…in United States v DiCristina,” referring to the ruling in a New York court earlier this month.
Peters makes clear the request from the legal counsel of Lederer’s fellow Tiltware board members Chris Ferguson and Rafe Furst in wishing to join him in the appeal for a status conference with regards to the trio, who were accused in last September’s first amended civil complaint of receiving (between them and Full Tilt Poker CEO Ray Bitar) hundreds of millions of dollars in player funds in the form of distributions.
He suggests a status conference be called “So that the parties may discuss, and the Court may consider, how best to manage this litigation [against Lederer] in the light of DiCristina,” adding that the first amended complaint alleges “on-line real money poker violates IGBA
“If this Court agrees with Judge Weinstein…then much of the government’s case here, and many of the seizures which have already been authorized, will no longer have a legal basis,” Peters continues.
However the US government has since responded to Peters’ request, saying it “Does not believe a status conference is necessary or warranted at this time.”
The government’s response details an intention to file a second amended complaint before its 10 September deadline, adding that “The government does not agree that Judge Weinstein’s opinion…necessitates any change in the management of this litigation,” and explains the DiCristina ruling is “not binding on this court.”
“The government…notes that the DiCristina order deals almost exclusively with the application of IGBA to specific types of poker games. It does not address the other statutory claims that have been, or will be, alleged by the government in this action that do not address IGBA,” it continues.
Civil forfeiture proceedings against Full Tilt Poker, of which Tiltware is an affiliated company, were settled last month when PokerStars reached a deal with the United States Department of Justice to acquire certain assets of FTP including Tiltware. A civil settlement was also reached with PokerStars.
As part of the agreement, Lederer, Ferguson and Furst are all prohibited from being employed by PokerStars, as are indicted FTP principals Bitar and Nelson Burtnick.
Both Bitar and Burtnick returned to the US in recent weeks and have pleaded not guilty to charges brought against them in a superseding indictment.