Unites States v. Pokerstars, et al

Filing 270

DECLARATION of AUSA Jason H. Cowley in Support re: 237 MOTION For (1) the Entry of a Proposed Stipulated Order of Settlement Between the United States and Certain Absolute Poker-Affiliated Entities and (2) the Interlocutory Sale of All Assets of Those Entities. MOTION For (1) the Entry of a Proposed Stipulated Order of Settlement Between the United States and Certain Absolute Poker-Affiliated Entities and (2) the Interlocutory Sale of All Assets of Those Entities.. Document filed by United States Of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cowley, Jason)

Exhibit B

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - x
:
UNITED STATES OF AMERICA,
:
Plaintiff,
:
- v. -

:
:

11 Civ. 2564 (LBS)

POKERSTARS, et al.
:
Defendants;
:
:
ALL RIGHT, TITLE AND INTEREST IN
THE ASSETS OF POKERSTARS, et al.; :
Defendants-in-rem. :
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DECLARATION OF YOUNG JAE LEE
YOUNG JAE LEE, pursuant to the provisions of 28 U.S.C.
§ 1746, declares as follows:
1.

I became the Chief Executive Officer of Quad

Dimensions, Ltd. (“Quad Dimensions”), a software development
company based in Seoul, South Korea, in 2012.

In or about the

mid-2000s, Quad Dimensions was hired by a group of companies
doing business as Absolute Poker (collectively “Absolute Poker”)
to develop software to operate an online poker platform.

Quad

Dimensions developed “client program” software for Absolute Poker
that created the player interface utilized by Absolute Poker for
its online poker platform (the “Absolute Poker Software”).

2.

Since that time, Quad Dimensions has maintained

the source code for the Absolute Poker Software in its offices in
Seoul, South Korea.

While Quad Dimensions has maintained

possession of the source code, neither Quad Dimensions nor I in
my personal capacity claim any legal, ownership, or beneficial
rights in the Absolute Poker Software.

Quad Dimensions has not

assigned or pledged the Absolute Poker Software to any other
party.
3.

I have sent by commercial carrier to a Deputy

United States Marshal located in New York, New York a compact
disc containing the source code for the Absolute Poker Software.
Quad Dimensions agrees (a) not to use or copy the Absolute Poker
Software, (b) not to deliver a copy of the Absolute Poker
Software to any other party without the consent of the United
States Marshal Service, and (c) to delete any retained copies of
the Absolute Poker Software at a later date upon request.
4.

Also included in the compact disc is (a) software

to control communications between the Absolute Poker Software and
whatever server is being utilized in conjunction with the
Absolute Poker Software (the “Server Software”) and (b) software
through which operators can manage the online poker platform (the
“Back Room Software”).

While the Server Software and the Back

Room Software facilitate the operation of the Absolute Poker
Software, they are not unique to the Absolute Poker online poker

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platform.

Quad Dimensions utilizes the Server Software and the

Back Office software in a number of other capacities besides
Absolute Poker, and did so prior to the development of the
Absolute Poker Software.

For avoidance of doubt, Quad Dimensions

will continue to utilize the Server Software and the Back Office
Software and waives no rights in regard to these items.

They are

included to facilitate the operation of the Absolute Poker
Software.
5.

At no charge to any party, I have directed

employees of Quad Dimensions to review the source code in order
to make the Absolute Poker Software ready for operation upon its
sale.

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6.

I

have also had discussions with representatives

from the United States Marshal Service confirming that Quad
Dimensions is available to be hired to assist any

purchas~r

of

the Absolute Poker Software in the initial installation of the
.Absolute Po.ker Sc)ftware.
I declare under penalty of perjury that the foregoing
is true and correct.
Dated:

Indonesia
September W, 2012

~Y.OONG JAE LEE
C.E.O., QUAD DIMENSIONS, LTD.

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