Unites States v. Pokerstars, et al

Filing 41

ANSWER to 8 Complaint,., COUNTERCLAIM against United States Of America. Document filed by Adam Webb.(Kessler, Steven)

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

against

Docket No 11 Civ. 2564 (LBS)

-

POKERSTARS; FULL TILT POKER;
ABSOLUTE POWER; ULTIMATE BET, et al.,

VERIFIED ANSWER AND
COUNTERCLAIM OF
CLAIMANT ADAM WEBB
TO VERIFIED COMPLAINT

Defendants.
ALL RIGHT, TITLE AND INTEREST IN THE
ASSETS OF POKERSTARS; FULL TILT
POKER; ABSOLUTE POKER;
ULTIMATE BET, et al.,
Defendants-in-rem.
-----------------------------------------------------------x
TO THE HONORABLE COURT:
Claimant Adam Webb (“Claimant”), by his attorney, Steven L.
Kessler, Esq., as and for his Verified Answer to the Verified Complaint, dated
April 20, 2011 (“the complaint”), respectfully alleges as follows:
1.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “1”.
2.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “2”.
3.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “3”.
4.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “4”.
5.

With respect to the allegations set forth in the paragraph

numbered “5”, refers to the Court documents referenced therein for the substance
thereof, and otherwise denies knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in the paragraph numbered “5”.
6.

With respect to the allegations set forth in the paragraph

numbered “6”, refers to the Complaint for the substance thereof, and otherwise
denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “6”.
7.

With respect to the allegations set forth in the paragraph

numbered “7”, refers to the Complaint for the substance thereof, denies that the
property to which Claimant has asserted a claim herein is subject to forfeiture, and
otherwise denies knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in the paragraph numbered “7”.
8.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “8”.
9.

With respect to the allegations set forth in the paragraph
2

numbered “9”, refers to the Court documents referenced therein for the substance
thereof, and otherwise denies knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in the paragraph numbered “9”.
10.

With respect to the allegations set forth in the paragraph

numbered “10”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “10”.
11.

With respect to the allegations set forth in the paragraph

numbered “11”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “11”.
12.

With respect to the allegations set forth in the paragraph

numbered “12”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “12”.
13.

With respect to the allegations set forth in the paragraph

numbered “13”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “13”.
3

14.

With respect to the allegations set forth in the paragraph

numbered “14”, admits that the pokerstars.com website provided real-money
gambling on internet poker games to United States customers, and otherwise
denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “14”.
15.

With respect to the allegations set forth in the paragraph

numbered “15”, admits that the fulltiltpoker.com website provided real-money
gambling on internet poker games to United States customers, and otherwise
denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “15”.
16.

With respect to the allegations set forth in the paragraph

numbered “16”, admits that the absolutepoker.com, ultimatebet.com and ub.com
websites provided real-money gambling on internet poker games to United States
customers, and otherwise denies knowledge or information sufficient to form a
belief as to the truth of the allegations set forth in the paragraph numbered “16”.
17.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “17”.
18.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “18”.
4

19.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “19”.
20.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “20”.
21.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “21”.
22.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “22”.
23.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “23”.
24.

With respect to the allegations set forth in the paragraph

numbered “13”, refers all statements of law to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “24”.
25.

With respect to the allegations set forth in the paragraph

numbered “25”, admits various online poker companies publicly stated that they
were continuing to offer internet poker in the United States, denies knowledge that
internet poker violated the Unlawful Internet Gambling Enforcement Act
subsequent to its enactment on or about October 13, 2006, and otherwise denies
5

knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “25”.
26.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “26”.
27.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “27”.
28.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “28”.
29.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “29”.
30.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “30”.
31.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “31”.
32.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “32”.
33.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “33”.
34.

Denies knowledge or information sufficient to form a belief as
6

to the truth of the allegations set forth in the paragraph numbered “34”.
35.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “35”, inclusive
of subparagraphs (a) through (e).
36.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “36”, inclusive
of subparagraphs (a) through (e).
37.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “37”.
38.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “38”.
39.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “39”.
40.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “40”.
41.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “41”.
42.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “42”, inclusive
7

of subparagraphs (a) through (l).
43.

With respect to the allegations set forth in the paragraph

numbered “43”, admits that on the websites set forth therein, players could deposit
and withdraw money to play online poker and actually play online poker, and
otherwise denies knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in the paragraph numbered “43”.
44.

With respect to the allegations set forth in the paragraph

numbered “44 (a)-(g)”, declines to respond to technical background information
regarding web addresses, domain names, DNS servers and IP addresses, and
otherwise denies knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in the paragraph numbered “44 (a)-(g)”.
45.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the second consecutive paragraph
numbered “44”.
46.

With respect to the allegations set forth in the paragraph

numbered “45”, admits that pokerstars.com is an online platform for playing poker
with real-money bets, admits that the site contains information relating to playing
poker through the website, including for ‘real money’, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
8

allegations set forth in the paragraph numbered “45”.
47.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “46”.
48.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “47”.
49.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “48”.
50.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “49”.
51.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “50”.
52.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “51”.
53.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “52”.
54.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “53”.
55.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “54”.
9

56.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “55”.
57.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “56”.
58.

With respect to the allegations set forth in the paragraph

numbered “57”, admits that fulltilt.com is an online platform for playing poker
with real-money bets, admits that the site contains information relating to playing
poker through the website, including for ‘real money’, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “57”.
59.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “58”.
60.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “59”.
61.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “60”.
62.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “61”.
63.

Denies knowledge or information sufficient to form a belief as
10

to the truth of the allegations set forth in the paragraph numbered “62”.
64.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “63”.
65.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “64”.
66.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “65”.
67.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “66”.
68.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “67”.
69.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “68”.
70.

With respect to the allegations set forth in the paragraph

numbered “69”, admits that absolutepoker.com is an online platform for playing
poker with real-money bets, admits that the site contains information relating to
playing poker through the website, including for ‘real money’, and otherwise
denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “69”.
11

71.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “70”.
72.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “71”.
73.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “72”.
74.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “73”.
75.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “74”.
76.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “75”.
77.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “76”.
78.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “77”.
79.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “78”.
80.

Denies knowledge or information sufficient to form a belief as
12

to the truth of the allegations set forth in the paragraph numbered “79”.
81.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “80”.
82.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “81”.
83.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “82”.
84.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “83”.
85.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “84”.
86.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “85”.
87.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “86”.
88.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “87”.

89.

Denies knowledge or information sufficient to form a belief as
13

to the truth of the allegations set forth in the paragraph numbered “88”.
90.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “89”.
91.

Denies knowledge or information sufficient to form a belief as

to the truth of the allegations set forth in the paragraph numbered “90”.
92.

With respect to the allegations set forth in the paragraph

numbered “91”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “91”.
93.

With respect to the allegations set forth in the paragraph

numbered “92”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “92”.
94.

With respect to the allegations set forth in the paragraph

numbered “93”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “93”.
95.

With respect to the allegations set forth in the paragraph

numbered “94”, refers all legal questions to the Court, and otherwise denies
14

knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “94”.
96.

With respect to the allegations set forth in the paragraph

numbered “95”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “95”.
97.

With respect to the allegations set forth in the paragraph

numbered “96”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “96”.
98.

With respect to the allegations set forth in the paragraph

numbered “97”, refers all legal questions to the Court, denies that Claimant’s
property is subject to forfeiture, and otherwise denies knowledge or information
sufficient to form a belief as to the truth of the allegations set forth in the
paragraph numbered “97”.
99.

Repeats and realleges the responses previously made with

respect to the allegations set forth in paragraphs “1” through “97” as if fully set
forth herein.
100. With respect to the allegations set forth in the paragraph
15

numbered “96”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “99”.
101. With respect to the allegations set forth in the paragraph
numbered “100”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “100”.
102. With respect to the allegations set forth in the paragraph
numbered “101”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “101”.
103. With respect to the allegations set forth in the paragraph
numbered “102”, refers all legal questions to the Court, denies that Claimant’s
property is subject to forfeiture, and otherwise denies knowledge or information
sufficient to form a belief as to the truth of the allegations set forth in the
paragraph numbered “102”.
104. With respect to the allegations set forth in the paragraph
numbered “103”, refers all legal questions to the Court, denies that Claimant’s
property is subject to forfeiture, and otherwise denies knowledge or information
16

sufficient to form a belief as to the truth of the allegations set forth in the
paragraph numbered “103”.
105. Repeats and realleges the responses previously made with
respect to the allegations set forth in paragraphs “1” through “97” as if fully set
forth herein.
106. With respect to the allegations set forth in the paragraph
numbered “105”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “105”.
107. With respect to the allegations set forth in the paragraph
numbered “106”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “106”.
108. With respect to the allegations set forth in the paragraph
numbered “107”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “107”.
109. With respect to the allegations set forth in the paragraph
numbered “108”, refers all legal questions to the Court, and otherwise denies
17

knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “108”.
110. With respect to the allegations set forth in the paragraph
numbered “109”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “109”.
111. With respect to the allegations set forth in the paragraph
numbered “110”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “110”.
112. With respect to the allegations set forth in the paragraph
numbered “111”, refers all legal questions to the Court, denies that Claimant’s
property is subject to forfeiture, and otherwise denies knowledge or information
sufficient to form a belief as to the truth of the allegations set forth in the
paragraph numbered “111”.
113. Repeats and realleges the responses previously made with
respect to the allegations set forth in paragraphs “1” through “97” as if fully set
forth herein.
114. With respect to the allegations set forth in the paragraph
18

numbered “113”, refers all legal questions to the Court, denies that Claimant’s
property is subject to forfeiture, and otherwise denies knowledge or information
sufficient to form a belief as to the truth of the allegations set forth in the
paragraph numbered “113”.
115. With respect to the allegations set forth in the paragraph
numbered “114”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “114”.
116. With respect to the allegations set forth in the paragraph
numbered “115”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “115”.
117. With respect to the allegations set forth in the paragraph
numbered “116”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “116”.
118. With respect to the allegations set forth in the paragraph
numbered “117”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
19

allegations set forth in the paragraph numbered “117”.
119. With respect to the allegations set forth in the paragraph
numbered “118”, refers all legal questions to the Court, denies that Claimant’s
property is subject to forfeiture, and otherwise denies knowledge or information
sufficient to form a belief as to the truth of the allegations set forth in the
paragraph numbered “118”.
120. Repeats and realleges the responses previously made with
respect to the allegations set forth in paragraphs “1” through “97” as if fully set
forth herein.
121. With respect to the allegations set forth in the p aragraph
numbered “120”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “120”.
122. With respect to the allegations set forth in the p aragraph
numbered “121”, refers all legal questions to the Court, and otherwise denies
knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in the paragraph numbered “121”.

20

AS AND FOR A FIRST AFFIRMATIVE DEFENSE
122. The Court lacks subject matter jurisdiction over the defendant
property.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE
123. The complaint fails to state a claim against Claimant’s property
upon which relief may be granted.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE
124. Claimant’s property is the proceeds of lawful earnings.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
125. Claimant’s property was intended to be used for a lawful
purpose.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
126. Without waiving any defense asserted herein, to the extent that
plaintiff seeks forfeiture of any property in which Claimant has an interest,

21

Claimant is an innocent owner of said interest within the meaning of 18 U.S.C. §
983(d).

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
127. Without waiving any defense asserted herein, Claimant asserts
that any interest he may have in any of the property sought to be forfeited is not
subject to forfeiture in that his interest in such property is neither used in violation
of, derived from, traceable to, or otherwise involved in, any “specified unlawful
activity” or any other crime within the meaning of 18 U.S.C. § 1955, §
981(a)(1)(c), 18 U.S.C. § 1956(c)(7), 18 U.S.C. § 1961(1)(b), or any other
applicable federal or state statute.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
128. Without waiving any defense asserted herein, Claimant asserts
that any interest of Claimant’s in property sought to be forfeited herein is not
subject to forfeiture in that said forfeiture would be disproportionate to any alleged
criminal activity within the meaning of 18 U.S.C. § 983(g) and would constitute
an excessive fine under the Eighth Amendment of the United States Constitution.
See United States v. Bajakajian, 524 U.S. 321 (1998).
22

AS AND FOR A FIRST COUNTERCLAIM
129. Claimant requests costs, pre- and post-judgment interest and
attorneys’ fees pursuant to the Civil Asset Forfeiture Reform Act of 2000
(“CAFRA”), Pub. L. 106-185, 106th Cong. (2000), 114 Stat. 211 (Apr. 25, 2000),
and the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”).

130. Claimant reserves the right to supplement the foregoing
responses in the event that additional information becomes available.

WHEREFORE, Claimant ADAM WEBB prays this Honorable Court will:
1.

DISMISS Plaintiff's complaint and enter judgment on behalf of

Claimant, directing that Plaintiff take nothing in forfeiture by reason of this action,
directing that Plaintiff not be legally entitled to recover any property by reason of
forfeiture and directing the release and/or return of all property heretofore seized,
attached and/or restrained in which Claimant has an interest; and
2.

AWARD Claimant costs, pre- and post-judgment interest and

attorneys’ fees pursuant to CAFRA and the EAJA; and
3.

PROVIDE such other and further relief, both legal and equitable, as

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