Unites States v. Pokerstars, et al

Filing 191

MOTION to Dismiss. Document filed by Rafael Furst. Responses due by 7/30/2012(Souede, Benjamin)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,

Case No. 1:11 Civ. 02564 (LBS)
Plaintiff,

v.

ECF CASE

POKERSTARS, et al.,

Filed Electronically
Defendants.

ALL RIGHT, TITLE AND INTEREST IN
THE ASSETS OF POKERSTARS, et al.,

Defendants-In-Rem.

NOTICE OF MOTION TO DISMISS COUNTS ONE AND FOUR, AND CLAIM FOR
CIVIL MONEY LAUNDERING PENALTIES, OF THE VERIFIED FIRST AMENDED
COMPLAINT THAT HAVE BEEN ASSERTED AGAINST DEFENDANT AND
CLAIMANT RAFAEL FURST

PLEASE TAKE NOTICE that upon the accompanying Memorandum of Points
and Authorities all prior pleadings and proceedings herein, and any additional oral or written
argument or evidence later presented to the Court, Defendant and Claimant Rafael Furst will
respectfully move this Court, before the Honorable Judge Leonard B. Sand, at a date and time
convenient for the Court, in Courtroom 15A at the United States Courthouse, 500 Pearl Street,
New York, New York, for an order to dismiss Counts One and Four, and the claim for civil
money laundering penalties, of the Verified First Complaint asserted by Plaintiff, United States
of America against Furst pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil
Procedure.

1

PLEASE TAKE FURTHER NOTICE that, pursuant this Court’s June 29, 2012, Order,
Plaintiff shall file its Response by July 30, 2012, and Furst shall file his reply by August 13,
2012.
DATED: July 9, 2012
Respectfully submitted,

s/ Benjamin N. Souede
BENJAMIN SOUEDE
DAVID ANGELI (admitted pro hac vice)
ANGELI LAW GROUP, LLC
121 SW Morrison St., Suite 400
Portland, OR 97232
[phone]
[phone] (facsimile)
Attorneys for Defendant Rafael Furst

To:
Jason H. Cowley
Michael D. Lockard
United States Attorneys Office
One Saint Andrew’s Plaza
New York, NY 10007
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]