Unites States v. Pokerstars, et al
Filing
229
MEMO ENDORSEMENT on THE POKER PLAYERS ALLIANCE'S MEMORANDUM IN SUPPORT OF ITS MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE: Leave to participate as amicus is granted. (Signed by Judge Leonard B. Sand on 7/19/2012) (cd)
"""""'''-'''''''---------
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK "=:';:';;:'===-=':':===~l
cD....J'v
I ' ." ' ~ 1).S J ,:" 1
I
UNITED STATES OF AMERICA
Plaintiff.
v.
POKERSTARS
At.
\\~~~:::~CALLYFILED'\
~DATE FILED:'] -61'3, \ ~I
DOC#: __-----=~~~
No. II CIY 2564 (LBS)
Defendants,
ALL RIGHT, TITLE AND INTEREST IN THE
ASSETS OF POKERSTARS, ET AL..
Defendants in rem.
THE POKER PLAYERS ALLIANCE'S MEMORANDUM IN SUPPORT OF ITS
MOTION FOR LEAVE TO PARTCIPATE AS AMICUS CURIAE
The Poker Players All iance C'PPA ") hereby respectfully requests leave of Court to
participate as amicus ('uriae in this matter, and if granted, that this Court file the attached Brief
(Exhibit 1) in Support of Defendants' Oldford Group LTD, PYR Software Ltd .• Rational
Entertainment Enterprises LTD., Sphene International Ltd., Stelekram Ltd. (collectively the
"PokerStars Defendants") Motion to Dismiss for Failure to State a Claim (Dkt. 201). I "District
courts have broad discretion to permit or deny the appearance of amici curiae in a given case."
United States v. Ahmed, 788 F. Supp. 196,198 n. I (S.D.N.Y.1992). The customary role of an
amicus is to aid the court and offer insights not available from the parties. United States v, El
1 Numerous defendants in this case have filed numerous motions to dismiss. See Dkt 189 (Motion to Dismiss by
Howard Lederer), Dkt. 191 (Motion to Dismiss by Rafael Furst), Dkt 193 (Motion to Dismiss by Telamonian Ajax
Trust), Dkt. 195 (Motion to Dismiss by Christopher Ferguson), Dkt 197 (Motion to Dismiss by Oldford Group LTD,
PYR Software Ltd, Rational Entertainment Enterprises LTD., Sphene International Ltd., Stelekram Ltd ..). The
reasoning in the PPA's proposed amicus brief supports dismissal pursuant to each Defendant's motion.
Gabr()"wny, 844 F. Supp. 955.957 n. I (S.D.N.Y.1994). The PPA's participation meets and
exceeds this standard.
The PPA is a non-profit organization, whose membership includes over a million
professional and amateur poker players and enthusiasts with years of experience playing poker,
is in a unique position to help inform the Court fully as to the role of skill in playing poker,
which is not available from the parties themselves. The PPA is dedicated to protecting the legal
rights of poker players and to provide poker players with a secure, safe, and regulated place to
play. In accordance with this mission, one ofthe PPA's key objectives is to make the public, the
political community, and the legal community aware of the fact that poker is a game in which the
skill of the player is the predominant factor in determining the outcome of the game. The PPA
does so through advocacy work in Washington, D.C. and throughout the United States.
]t
has
also regularly appeared as amicus curiae in cases affecting its members' ability to play poker,
offering a unique perspective on and information regarding the skill required to play poker. See
United States v. DiCristina, No. J: II-cr-0414-JBW, Dkt. No. 83 (E.D.N.Y. July 10,2012); South
Carolina v. Chimento, No. 98045DB (Mt. Pleasant Mun. Ct. Feb. 19,2009); Pennsylvania v.
Dent, Nos. 167-MDA·2009, 168-MDA-2009 (Pa. Super. 2009), and Kentucky v.Interactive
Media Entertainment & Gaming Assoc.. Inc., No. 2009-SC-000043 (Ky. May 12,2009). The
PP A also ensured the presentation of the body of evidence regarding the predominance of skill in
poker in a Colorado jtJry trial that resulted in a not guilty verdict. People v. Raley. No. 08M2463
(Weld County Ct.. Colorado Jan. 21, 2009). In connection with this motion, the PPA has
consulted with counse I for the PokerStars Defendants, the FullTilt Defendants, 2 the Absolute
2 The "Full Tilt" Defendants are: Fi\co Ltd., Kolyma Corporation A.V.V., Mail Media Ltd., Pocket Kings
Consulting, Ltd., Pocket Kings Ltd .. Ranston Ltd., Tiltware LLC, and Vantage Ltd ..
Poker Defendants,3 Howard Lederer, Chris Ferguson, and Raymond Bittar all of whom
consented to or raised no objection to the PPA's participation as amicus. It has also consulted
with the United States Attorney's Office forthe Southern District of New York, which takes no
position on the PPA's motion.
The indictment directly affects the PPA's interest in assisting its members in continuing
to play poker lawfully. Should cases like this one be allowed to proceed, it will prevent PPA
members' ability to continue to play poker without fear that their funds will be subject to
forfeiture. Consequently, the PPA respectfully requests that the Court grant the PPA leave to
participate in the brieEng in this proceeding as amicus curiae.
Respectfully submitted,
I
//
Kenneth Dreifach (Bar Code KD 4816)
ZwillGen PLLC
415 Madison Avenue, 11th Floor
New York, NY 10017
ken@zwillgen.com
Tel: (347) 210.1798
On Behalf of the Poker Players Alliance
-1Z4vf;;~¥~ ~
/
0 ~(d
)J
C'
I
/
•
/))fJ vc;h\
1 1/1'1/
t/
J
Absolute Entertainment, S.A .• Absolute Poker, Blanca Games, Inc. of Antigua. and Ultimate BET.
Endorsement reads:
“Leave to participate as amicus is granted.”
So ordered.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?