Update: Full Tilt's Situation Gets Worse
Are 'Ponzi Scheme' allegations true?
After the reports dated Sept. 20, that the US civil complaint against Full Tilt poker has been amended to claim that Full Tilt Poker operated like a Ponzi scheme and to include four of the company's reps – Howard Lederer, Ray Bitar, Chris Ferguson, and Rafe Furst, the industry went abuzz, shocked with the new revelations on the case.
The fact that the Justice Department pointed out that “FTP had assured players that their account deposits were segregated and held separately from their operating accounts,” when, it was actually pulling the money to use it for other purposes, caused quite a stir, as one of those purposes was to pay the company's owners and board members tens of millions of dollars.
Namely, the reports arrived that “The new revelations claim that defendant Ray Bitar got $41 million and top poker player and alleged co-founder Howard Lederer got $42 million. Chris Ferguson was supposed to get $87.5 million, although he may have only received $25 million of that amount so far, federal prosecutors claimed. The rest was characterised as monies owed to him by the company.”
The complaint also added Rafe Furst's name to the defendant list, as he allegedly received $11.7 million. And since it is believed that all these millions distributed to the individuals transferred to accounts in Switzerland and other overseas locations, the amendment also included an accusation of money laundering against the defendants, with a request for penalties that go between $12 million for Furst to $42 million for Lederer.
In terms of the FTP ownership, the Justice amendment claimed: "At all times relevant to the Amended Complaint, Bitar, Lederer, Ferguson, and Furst were among the founders of Full Tilt Poker, as well as part-owners of Tiltware, LLC, a California Limited Liability Company that was the beneficial owner of all other Full Tilt Poker entities.
"In total, approximately 23 individuals owned shares in Full Tilt Poker. The FTP Insider Defendants specifically owned the following approximate percentages of Tiltware LLC: Bitar (7.8%), Lederer (8.6%), Ferguson (19.2%), and Furst (2.6%).
“The FTP Insider Defendants were also, at all relevant times, members of the Board of Directors of Tiltware LLC, and Ferguson was Chairman of the Board of Directors."
The major issue is that the amendment claims that as of March 21, 2011, FTP owed approximately $390 million to players around the world, $150 million to U.S. players, and that in its accounts the company had only around $60 million. In addition, it was a major shock to players to learn that some $443,860,529.89 of their money ended up in Bitar, Lederer, Ferguson and Furst's pockets in a period between April 2007 and April 2011.
According to the amendment, “The company faced increasing difficulty attempting to collect funds from players in the United States. Rather than disclose this fact, Full Tilt Poker simply credited players' online gambling accounts with money that had never actually been collected from the players' bank accounts. Full Tilt Poker allowed players to gamble with - and lose to other players - this phantom money that Full Tilt Poker never actually collected or possessed.”
With such a development of the affair, the defendants may face an even more serious situation, including personal law suits, along with property attachments.
In a comment on the new revelations, John Pappas, executive director of the Poker Players Alliance, stated: "This is a sad and disappointing day for American poker players. If true, these allegations detail a massive betrayal of player trust which will cause financial hardship for thousands, if not millions, of individual poker players, none of whom are accused of doing anything wrong.
“We call on the Department of Justice to certify that the proceeds of any settlement or seizure that may result from this action will first be dedicated to reimbursing players. We further call on Full Tilt Poker, its management, directors and owners to take all available steps to ensure the prompt payment of players as their first priority."
So far, no comment has arrived from Full Tilt management, which is currently engaged in an attempt to recover the company's Alderney license. The hearing on this matter was continued on Sept. 19, behind closed doors, and such a decision of the Alderney Gaming Control Commission has been sharply criticized.
Source LPB news
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