Unites States v. Pokerstars, et al
Filing
194
MEMORANDUM OF LAW in Support re: 193 MOTION to Dismiss.. Document filed by Telamonian Ajax Trust. (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.
CLAIMANT TELAMONIAN AJAX TRUST’S MEMORANDUM IN SUPPORT OF ITS
MOTION TO DISMISS COUNTS ONE AND FOUR OF THE VERIFIED FIRST
AMENDED COMPLAINT
On November 28, 2011, Claimant Telamonian Ajax Trust (“Telamonian”) filed a
Verified Claim in this action pursuant to 18 U.S.C. § 983 and Rule G(5)(a) of the Federal Rules
of Civil Procedure, Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions. (Docket Entry #123.) Telamonian’s Verified Claim relates to the account and funds
(the “Account”) identified in Schedule C, paragraph 5 of the Verified First Amended Complaint
1
(the “Complaint”).
In support of its Motion to Dismiss Counts One and Four of the Complaint, as alleged
against the Account, Telamonian hereby respectfully adopts and incorporates by reference, in its
entirety, the Memorandum of Points and Authorities in Support of Defendant and Claimant
Howard Lederer’s Motion to Dismiss Verified First Amended Complaint (the “Lederer
1
“Account numbered CH87 0875 5057 0684 0010 0 held at Pictet & Co Bankers, Switzerland, in the
name of Telamonian Ajax Trust, and all funds traceable thereto.”
1
677182.01
2
Memorandum”). (Docket Entry #190.) The First and Fourth Claims for Relief, as alleged
against the Account, should be dismissed for the reasons set forth in the Lederer Memorandum.
Those reasons include, but are not limited to, the following:
As to the First Claim for Relief, the Illegal Gambling Business Act (“IGBA”), 18 U.S.C.
§ 1955, does not apply extraterritorially to FTP, a company based and operated outside of
the United States.
Also as to the First Claim for Relief, that even if IGBA applies to FTP’s conduct, the
Complaint fails to sufficiently allege a violation of IGBA, as the Complaint fails to allege
any state law that FTP violated and thus fails to allege the necessary elements of an
IGBA cause of action, and also fails to allege that FTP is a “gambling business” under
IGBA.
As to the Fourth Claim for Relief, the government’s wire fraud allegations fail to satisfy
Rule 9(b) insofar as they pertain to any FTP employee.
Telamonian therefore respectfully requests that its Motion to Dismiss Counts One and
Four of the Complaint, as alleged against the Account, be granted.
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
(503) 954-2232 | (503) 227-0880 (facsimile)
Attorneys for Claimant Telamonian Ajax Trust
To:
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Jason H. Cowley
Michael D. Lockard
United States Attorney’s Office
One Saint Andrew’s Plaza
New York, NY 10007
Tel: (212) 637-1060 | Fax: (212) 637-0421
Jason.Cowley@usdoj.gov
Michael.Lockard@usdoj.gov
The sole exception to this adoption and incorporation is that, to the extent that any statement in the
Lederer Memorandum agrees that any claim in the Verified First Amended Complaint is legally
sufficient, Telamonian does not adopt or incorporate such statement.
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