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#2461
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aee,
As you're soliciting individuals and giving them advice about their legal options, I hope you don't recommend anyone who, like ZeeJustin, was also running an illegal US-based affiliate program (signing up players and taking part in receiving a percentage of the rake generated by their play in an offshore gambling operation - effectively materially taking part in those operations) pursue legal action against Party or do anything to draw attention to their activities. This is something that local, state, or federal officials can easily prosecute people for, and for any high profile affiliates based in the US, it is probably just a matter of time before someone starts looking into them. |
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#2462
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[ QUOTE ]
[ QUOTE ] [ QUOTE ] PS As far as Zeejustin, I am aware that he is very seriously contemplating legal action against Party. [/ QUOTE ] Out of curiosity, how are you aware of this? And why do you think ZJ doesn't realize that the first step on the long multi-year road to recovering his reputation, is taking full responsibility and accepting all punishments? [/ QUOTE ] just speculating, but perhaps 100 grand and the ability to play on partypoker again is worth more to zeejustin than his reputation amongst those who feel wronged by him. [/ QUOTE ] Assuming he can get his money back in a lawsuit, he certainly will not be able to get an injunction that requires that Party let him play. So, it would have to be for the money. Moreover, as an attoney, I can say that his post on this public forum was about the dumbest thing he possibly could have done from a legal perspective. He has, in essence, admitted to cheating. All Party would have to do would be to put his post here into eveidence and would not have to rely on "proving" anything from their investigation (although I am sure they would). Someone said earlier that he shouldn't post again without a PR firm ... I would think without a legal counsel would even be more important. NCAces |
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#2463
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[ QUOTE ]
I do not believe enforcement of any US judgment against Party would be at all difficult. They have many assets in the US and, as indicated, the Justice Dept. has previously conducted successful enforcement actions against them. [/ QUOTE ] I do not know if the US & Gibraltar are parties to one of the treaties re: enforcement of foreign judgments, but I would bet they are. If so, a judgment rendered by US court could be enforced in Gibraltar (or whatever other signatory country contains Party-assets). There are similar treaties for enforcement of foreign arbitration awards, which would probably be more relevant here because I believe I saw another post above that quoted an arb. clause in Party's T&C. And I agree that a US court (or arbitrator) will likely find itself to have jurisdiction over the dispute based on Party's contacts here. BUT the real issue ZJ would have to face in a US proceeding is the "illegality" defense which would bar any claim for breach of contract due to the fact that the contract he seeks to enforce (i.e., the T&C with Party), is illegal under US law. Likewise, similar defenses would apply to non-contract causes of action he tries to bring, including "unclean hands." And, oh yeah, there's the $$$$ thing. This would cost ZJ a lot of money to prosecute. Easily $250K for the case (very conservative estimate). I don't know if there's an attorneys' fees clause in the contract, but if not, this would foreclose the economics of any legal action by ZJ. Edit: I see Parappa and Aeest have addressed some of these issues already.... |
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#2464
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These legal issues are interesting and it's nice to have people who are experts in these area's chiming in. After reading through most of these posts, it seems like any legal action(on ZJ's part) is likely to be unsuccessful. I think the risk Stars runs in implementing some form of punitive action on ZJ is negligible.
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#2465
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[ QUOTE ]
These legal issues are interesting and it's nice to have people who are experts in these area's chiming in. After reading through most of these posts, it seems like any legal action(on ZJ's part) is likely to be unsuccessful. I think the risk Stars runs in implementing some form of punitive action on ZJ is negligible. [/ QUOTE ] It would be nice to hear from the source (i.e. ZJ) himself to hear his thinking, and if he plans on taking legal action. Has anyone had any contact with him via phone, IM, or in person and can report back to this thread regarding his current frame of mind. Is he able to keep food down? Has he slept well these past few nights? Has he logged any hours on Stars or Party? |
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#2466
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Just so everyone knows, I am talking to someone right now who claims that EVERY single good MTT player they are friends with multiaccounts in MTTs. He also claims they are all going to stop after this latest development. But just realize that I said that EVERY SINGLE pro MTTwe he associates with multiaccounted (he said at least 4 of them). He doesn't play MTTs much himself, but he just assumed that everyone did it, and is surprised that its actually a big controversy right now. Anyway thats all, just thought I should add that. I have no idea who the people are who did it, just that they are friends with this guy. |
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#2467
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not groundbreaking news curtains. i predicted many times that most of the studs at pocket5s multiaccount.
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#2468
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I'm sure there are a ton of zeejustins on every site foaming at the mouth, getting a shot at some serious dough while using their "skills" of thievery.
This guy(term used lightly) doesn't know what kind of damage he's done to online poker and it's integrity. This has opened a huge can of worms.
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#2469
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Well I have always known that many many pepole multiaccount, there just wasn't that much of a stigma behind it. I always felt it was cheating, but didn't care that much since I haven't played MTTs regularly for a long time.
I don't know exact names, but I could take tons of guesses. |
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#2470
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its always bothered me. also all the instant messaging bothers me, but remember I have no poker freinds. there was just nothing i could do about and plus i was making good money so i didn't care. but im glad now that all the cheats are getting busted.
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