Unites States v. Pokerstars, et al

Filing 77

CLAIM FOR ADMIRALTY OR MARITIME AND ASSET FORFEITURE ACTIONS. Document filed by Steve Segal. (Attachments: # 1 Certificate of Service)(Burt, Thomas)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - -x UNITED STATES OF AMERICA, Plaintiff, v. POKERSTARS; FULL TILT POKER; ABSOLUTE POKER; ULTIMATE BET; OLDFORD GROUP LTD.; RATIONAL ENTERTAINMENT ENTERPRISES LTD.; PYR SOFTWARE LTD.; STELEKRAM LTD.; SPHENE INTERNATIONAL LTD.; TILTWARE LLC; KOLYMA CORPORATION A.V.V.; POCKET KINGS LTD.; POCKET KINGS CONSULTING LTD.; FILCO LTD.; VANTAGE LTD.; RANSTON LTD.; MAIL MEDIA LTD.; FULL TILT POKER LTD.; SGS SYSTEMS INC.; TRUST SERVICES LTD; FIDUCIA EXCHANGE LTD.; BLUE WATER SERVICES LTD.; ABSOLUTE ENTERTAINMENT, S.A.; and BLANCA GAMES, INC. OF ANTIGUA; RAYMOND BITAR; HOWARD LEDERER; CHRISTOPHER FERGUSON, a/k/a "JESUS;" and RAFAEL FURST, Defendants; and ALL RIGHT, TITLE AND INTEREST IN THE ASSETS OF POKERSTARS; FULL TILT POKER; ABSOLUTE POKER; ULTIMATE BET; OLDFORD GROUP LTD.; RATIONAL ENTERTAINMENT ENTERPRISES LTD.; PYR SOFTWARE LTD.; STELEKRAM LTD.; SPHENE INTERNATIONAL LTD.; TILTWARE LLC; KOLYMA CORPORATION A.V.V.; POCKET KINGS LTD.; POCKET KINGS CONSULTING LTD.; FILCO LTD.; VANTAGE LTD.; RANSTON LTD.; MAIL MEDIA LTD.; FULL TILT POKER LTD.; SGS SYSTEMS INC.; TRUST SERVICES LTD; FIDUCIA EXCHANGE LTD.; BLUE WATER SERVICES LTD.; ABSOLUTE ENTERTAINMENT, S.A.; and BLANCA GAMES, INC. OF ANTIGUA; INCLUDING Case No.: ll-Civ-2564 (LBS) BUT NOT LIMITED TO THE PROPERTIES LISTED IN SCHEDULE A, SUCH AS BUT NOT LIMITED TO THE DOMAIN NAMES POKERSTARS.COM; FULLTILTPOKER.COM; ABSOLUTEPOKER.COM; ULTIMATEBET.COM; and UB.COM; ALL RIGHT, TITLE, AND INTEREST IN THE PROPERTIES LISTED IN SCHEDULE B; and ALL RIGHT, TITLE, AND INTEREST IN THE PROPERTIES LISTED IN SCHEDULE C, Defendants-in-rem. - - - - - - - - - - - - -x CLAIM IN FORFEITURE PROCEEDING PURSUANT TO SUPPLEMENTAL RULE G(S) FOR ADMIRALTY OR MARITIME AND ASSET FORFEITURE ACTIONS Dated: October 19,2011 WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP Lawrence P. Kolker Thomas H. Burt Beth A. Landes 270 Madison Avenue New York, New York 10016 Telephone: 212-545-4600 Facsimile: 212-545-4653 Steve Segal, hereinafter referred to as "Claimant", states: 1. I am one of the named plaintiffs in the civil class action Segal v. Bitar, No. 11- Civ-4521 (LBS) (S.D.N.Y. June 30, 2011) and represent a putative class of U.S. residents, who held balances in the Full Tilt Player Accounts ("Player Accounts") on April 15 th , 2011, (the "Class" or "Claimants") the day that access to the Player Accounts was first denied. In that action, the Class seeks the return of the $150 million contained in the Player Accounts from certain individuals who are named in this action. 2. Pursuant to 18 u.s.c. ยง983(a)(4) and Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, I, on the behalf of the Class, assert their right, title and interest in the property listed at Schedule C of the Government's First Verified Amended Complaint' ("Amended Compl.") and contest the forfeiture of that property, which contains, as the Government has alleged, the Class Members' funds. 2 3. The Class hereby lays claim to the U.S. Player Account balances held in the properly identified five bank accounts listed in Schedule C to the Amended Complaint, or the funds traceable to the accounts, listed here: FTP INSIDER ACCOUNTS (As Alleged in Schedule C to Government's FAC of September 20, 201l) 1. Account numbered GB81 RBOS 609542340877 66 held at NatWest, in the name of Raymond Bitar, and all funds traceable thereto; 2. Account numbered 7655741861 held at Wells Fargo Bank, N.A., in the name ofHH Lederer Consulting LLC, and all funds traceable thereto; 3. Account numbered GB56LOYD301663 14010402 held at Lloyds TSB International, Isle of Mann, in the name of Howard Lederer, and all funds traceable thereto; 4. Account numbered 40039049628 held at Citibank, N.A., in the name of Chris Ferguson, and all funds traceable thereto; and 5. Account numbered CH87 0875 5057 06840010 0 held at Pictet & Co Bankers, Switzerland, in the name of Telamonian Ajax Trust, and all funds traceable thereto. 4. The Claimants' interest in the property is equitable. Class Members have a rightful and superior interest in the amount of up to $150 million held or traceable to those accounts. As provided in the Government's First Verified Amended Complaint and as alleged in , See U.S. v. Pokerstars, et. ai, No. 11-Civ-2564 (LBS) (S.D.N.Y. 2011) ECF No. 53. 2 See /d. at <Jrl[105-106. the Claimants' Class Action Complaine, the balance of Claimants' Player Accounts was distributed to the various holders of the accounts listed at Schedule C and/or owners Tiltware LLC. To the extent those funds previously within the Player Accounts remain in one or more of the five bank accounts listed in Schedule C, Class Members lay claim to them. 5. Claimants are innocent victims, who have committed no crime, and therefore their claim is bona fide. As a result, the $150 million in the Player Accounts on April 15, 2011, should be returned to the Class. I, Steve Segal, acting as agent for the Class, do hereby declare the foregoing is true to the best of my knowledge and belief under penalty of perjury. Steve Segal 3 Segal v. Bitar, 11 Civ. 4521(LBS) (SDNY, June 30 2011), ECF 1. VERIFICATION Steve Segal, who is a named plaintiff and filed on behalf of a putative class of u.S. Players that held Player Accounts with Full Tilt, here by declares under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief. Steve Segal Sworn to before me this 19th day of October, 2011 ~~p( Notary Public

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