When Calvin Ayre got indicted this past week, some were wondering what took so long … because if the DOJ couldn’t nab the brashest of online gambling kingpins (Bodog did sports-betting for chrissakes!) then there had to be a formula — a legal-enough way to run an online gambling empire while steering clear of America’s internet police.

Stu notes that the investigation leading to Bodog’s shutdown wasn’t singular in scope, and asks who might be next on the DOJ’s hit-list. The answer to that question, I believe, is in the indictment itself — and though they don’t name any magazine or website by brand, the DOJ does reveal that after more than five years of investigation they consider certain media part of a criminal conspiracy to facilitate illegal online gambling.

Read and decide for yourself on the not-so-subtle nuances of the DOJ-Maryland office’s carefully chosen words:

6.Through these communications, members of the conspiracy caused the media reseller to create and execute an advertising campaign to increase the participation by gamblers in the United States on the BODOG.com website.

7. Through these communications, members of the conspiracy caused the media reseller to send invoices to BODOG ENTERTAINMENT GROUP S.A., d/b/a BODOG.com. These invoices represented the costs and fees for the creation and execution of the advertising campaign.

8. Members of the conspiracy caused funds to be sent by wire from accounts located outside the United States to accounts located in the United States to satisfy the invoices sent by the media reseller. These wire transfers totaled more than $42 million during 2005 through 2008.

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Come in, sit down, and let me slide an analogy across the table. Imagine that two businessmen meet over a game of poker. During the course of that game, they hammer out a deal to create a brand new company. Should the poker media report it? I don’t mean morally. I mean, is that something you – our particular audience – would find interesting? I doubt it. Even if you happen to possess a particular partiality for late-night business deals, that interest is irrelevant to poker. To co-opt a bit of Latin, your interest in the story qua poker is nil.

Here comes the second half of the analogy. Imagine that two gentlemen meet over a game of poker. During the course of the game, they get into a disagreement that results in one player wounding his opponent by means of gunfire. Exciting right? Violence, crime, projectiles! I’m sure you’d be interested in that sort of thing. Hey, and it involves poker too, so that means that we can report it in the poker media. Win win!

But really, does a reader’s desire to learn about this violent crime have anything to do with the fact that it occurred next to an upturned circle of felt? Once again, your interest in the story qua poker is minimal. It’s unlikely that you’ll be asking what the stack sizes were when the shooting took place or whether the man with a bullet in his leg has ever won a WSOP Circuit ring.

At this point it’s fair to ask, ‘so what?’ If a story provides titillation, who cares that it only has a tangential relation to poker? If the audience enjoys it, print it.

There is a problem however and to expose it we can ask for a helping hand from one of the great thinkers of the Enlightenment. Scottish philosopher David Hume argued that we could never truly know when one thing caused another. Instead we could only establish that two events were regularly correlated. We can lay aside his intellectual musings for the moment, but his insight into the human condition is extremely relevant. Hume’s discovery was that when two events happen frequently one after the other it is a natural human tendency to assume that the former plays a part in causing the latter, even if their connection is just coincidence.

In many ways, the press have the power to curate your world view. So far as the poker media are concerned, what we choose to report makes a big difference to what information you absorb. Twitter and Facebook have broken down those barriers to some degree, but a written report from a major poker news outlet still highlights an event in a way that the burbling of social media cannot match. In other words, we can make certain correlations more distinct.

To quote another equally important thinker, “with great power comes great responsibility.” If we choose to regularly report on poker shootings, both ‘poker’ and ‘shooting’ become more commonly correlated in the minds of our readers. The knowledgeable sorts who bookmark Pokerati can see through such illusory causation, but not every site is blessed with such learned readers. The openness of the internet also means that anyone could pick up on a story at any moment, immediately highlighting it in even bolder lettering; adding to the weight of correlation. Not to mention poker’s many enemies, who will leap at the chance to trumpet any bad press they can find.

Let’s leave crime reporting to the crime blogs, except in cases where poker plays a tangible role. Focussing on stories of shootings at poker games adds nothing of interest to the general tapestry of the game and only serves to further denigrate the image of a pastime that is fighting for legal and moral recognition.

A Houston-area man got killed this past weekend at a poker game — after a fight broke out at what appears to be a family home game, and hosts ejected a supposedly uninvited player, who then returned with a handgun, police say, and fired wildly at the table, hitting at least three people. One of the shooting victims, Angel Vazquez, 48, returned fire with his own weapon and wounded the alleged attacker, Manuel Morales, 41 … but in the end Vazquez died at the hospital, while Morales, picked up by police at a nearby gas station, is in critical condition and facing murder charges.

Hard to tell if this game in Northeast Harris County was truly a family poker night in a residential neighborhood or underground poker room … but either way, sad as it is in the face of death and painful injury, you gotta believe there is more to this story:

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We spend so much time reading about poker legal developments here at Pokerati that we sometimes forget to share the relevant news before the cycle turns to something else … and then I complain that our readers here aren’t as smart anymore as they used to be? It doesn’t take a JD to see the flaw in my logic there. Thus, here’s a much-needed batch of recent highlights and hedlines to keep the incessant but important buzz in context … a semi-special link-dump, btw, brought to you by our new-good friends at LegalPokerSites.com:

First UIGEA Conviction in the Books The DOJ logged their first win on UIGEA charges — making the supposedly weak law thus far undefeated — against online sportsbook operator Todd Lyons. His arrest back in May 2010 shoulda been a big warning sign to American online poker operators (and players?) — and Full Tilt specifically — that the DOJ was coming to get them! [CalvinAyre.com]

First Black Friday Trial Date Set John Campos and Chad Elie, the Utah banker and PokerStars payment processor indicted for their role in online poker criminal activity, have a trial date in March … creating a tangible timeline for Black Friday cases and added pressure on the big fish the DOJ really wants — Isai Sheinberg, Ray Bitar, and Scott Tom. [Legal Poker Sites]

MGM Sues Poker Domain Squatters Just as Caesars sued (and won) to obtain the domain WSOP.com, MGM has filed suit to repossess the domains mgmpoker.com, bellagiopoker.com, luxorpoker.com, mandalaybaypoker.com, and ariapoker.com. Apparently the casino giant thinks they’ll have need for them soon. [VegasInc]

Barton Says Online Poker Bill Still Alive This Congress Rep. Joe Barton (R-TX) gave a luncheon keynote at the DGLP, where he spelled out how his online poker bill is moving forward as a piece of stand-alone legislation and/or still could be absorbed into some omnibus bills. Pretty straight-forward, honest-sounding stuff as Barton even talks about his own live real-money play and admits to multi-accounting for play money on PokerStars. [Pokerati Soundcloud]

Adelson Balks at Readiness for Online Poker The poker masses got spun into a tizzy after Vegas politico Jon Ralston “reported” that Las Vegas Sands Chairman Sheldon Adelson has been buzzing around DC that he is morally opposed to online gambling … and that age-verification technology isn’t ready yet. Ralston concludes that this could kill online poker’s chances in Congress as if Adelson alone is more powerful than the combined forces of Caesars, MGM, Steve Wynn, Station Casinos, Boyd Gaming, Michael Gaughan, et al. Quick to cry, some poker players have begun calling for a boycott of Venetian Poker. [Las Vegas Sun]

Nevada Regulations Almost Ready While so many chatter about complex details of future online poker, the Nevada Gaming Commission and State Gaming Control Board seem to be the only ones systematically moving forward with thorough, enforceable rules and regulations for online gaming. In one of the biggest overhauls to state gaming regs in history, they just released a whole bunch of revisions for licensure and suitable ownership that Big and Small casinos alike are paying close attention to. [gaming.NV.gov]

Fry Howie? Funny/sad, shortly after Black Friday I thought we might be seeing T-shirts that said “Free Howard!” not “Fry Howard!” But loyalty can be a fickle bitch when you eff up with someone else’s money. Hence this flash creation for players wishing to express their personal outrage against Full Tilt and Howard Lederer violently. [PokerListings]

UB Player Database Leaked Lots of offline debate over how and why nearly 3 million poker-player IDs leaked out. Work of a disgruntled employee or scuttling the ship before UB ultimately hits sea-floor? And will there be more such pressings of self-destruct? [Haley's Poker Blog]

Rest o’World: Cyprus on Crackdown, South Africa’s Open-Market Mind, German Pre-unification Some of the other key political moves from the rest of the world, as the future of legal online poker (and gambling) actively takes shape … the mediterranean island that isn’t Malta doesn’t have moral opposition, they just want their cut (kinda like Kentucky) … while South Africa continues its progressive-minded movement from staunch opposition to tolerance to active support of online gambling … all while the German province of Schleswig-Holstein’s acceptance of new online poker rules is so big it actually moved some major market needles. [Legal Poker Sites]

The Duke of Fremont, that colorful, uniquely Vegassy character who likes to buy in to 1/2 games with no max and sit behind stacks of $100k in bills (which he carries around downtown in a violin case) returns to the felt for a tourney at the Golden Nugget this Friday — raising money for the Clark County Museum Guild, a non-profit philanthropic group dedicated to preserving Las Vegas culture.

The event comes with the Duke fully recovered from multiple broken bones and flesh wounds suffered in a violent robbery in August 2010. The trial against his accused assailants was supposed to start this week — just down the street from the Nugget — but was delayed on Monday.

Who: The Duke of Fremont presents “Pinstripes & Polka Dots”
What: $100 NLH (w $20 rebuys)
When: Friday, Oct 28, 6pm (red carpet cocktails begin at 5pm)
Where: Golden Nugget, Downtown Las Vegas
Why: Fundraiser for Clark County Museum Guild

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The big news this week is PPA’s meeting with the Department of Justice regarding player funds locked up on Full Tilt Poker, Absolute Poker, and Ultimate Bet. Needless to say, this is at the forefront of the concerns of the membership and of the PPA, so I am pleased to report that your PPA has been proactive in pushing for restitution for our members.

From Executive Director John Pappas:

“We still have an open dialogue with [the DOJ] and look forward to more productive conversations down the road. We plan to follow up to make sure the DOJ gets a guarantee that players get restitution through any deal with new Full Tilt management.”

For more on this important story, please check out Poker Players Alliance Meets with DOJ Regarding Full Tilt Poker Player Funds -  Poker News (October 7, 2011).

In other news …

Jesse May

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OP-ED

It didnt’t really bother me when Poker Spot folded, because that guy had history. And I laughed about the money Aces Poker stole, because anyone who trusted them couldn’t ever spot a cheat. The Ultimate Bet scandal wasn’t really that surprising, as we’d heard stories about him for years. And it never shocked me when they cheated me in Atlantic City, or went partners against me in Vegas, or at Foxwoods tried to do a runner with my funds. The nips, the moves, the cheats, the angle shooters, and those that were just plain thieves. For the past ten years when the stars put on their caps and badges and smiled for the TV, we used to smile to ourselves. And then we’d laugh as we’d tick off the big names in poker and say, “But he’s really just a little scumbag, isn’t he?” Because they pretty much all were. And that’s the way it’s always been.

I didn’t always think like that, of course, and neither did you. I came into poker just like yourself, wide eyed and dough faced and on the back of a little bit of luck. Full of passion for the game and a romantic view of the poker world and a desire to be accepted by the rambling gambling men who ruled. It’s natural when you have a pocketful of money and a bellyful of gamble and all the confidence in the world, it’s natural that when it comes to people you can be a little naïve. I certainly was, and so probably were you.

I’m ashamed that I have sat by in silence while you all cheated, stole, and lied. I know you, you thieving tournament directors, you scumbag poker players, you dirtbag angle shooters with your names stitched on your shirts. I know you. And I’m ashamed that I’ve sat here for twenty years and let you rule the poker world as long as I was still getting paid.

But you get wiser because you have to. My circle got small and my radar got sharp and I could count all the people that I could really trust on maybe one hand. And I told them they could trust me. And pretty much everyone else were scumbags and cheats. In poker, that’s the way it’s always been. That’s the way it’s been for me, and that’s the way it is for you. And we don’t ever talk out of turn. Because in this world if you shit where you eat, then you’ll end up hungry. That’s what you need to know about poker. That’s what you need to know about me.

I’ve been around long enough so that just one more scam, cheat, or mismanagement of funds, one more of those should be just like more water off another duck’s back. But something happened to me when Full Tilt Poker collapsed. This one is different. This has laid me low. It’s not just anger I feel, it’s not just disdain, and I can’t sit here like I always do and smile to myself and point fingers and call them scum. Because what I feel more than anything else right now, is shame.

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If you are out real American dollars in the Full Tilt Poker collapse, the US government is apparently your friend. That’s the message of Preet Bharara and the Department of Justice, who put out a statement to get those dumfugkers from 2+2 to stop hassling us clarify the status of player accounts in light of revelations about Full Tilt’s insolvency.

In it they spell out a process they are going through to get money from anyone who mighta suckled from the Full Tilt mother-teat, and give an indefinite timeline (months at a minimum) to tell all those thinking this could be the “final chapter”, “dude, we’re just getting started, here.”

The full DOJ statement is below, which ends with a reminder about 28 C.F.R. Part 9, the regulation that binds them.

Meanwhile, not sure if this is a good, bad, or meh-for-poker … but the DOJ is coming under scrutiny over seized assets. Just this month — after an investigation sparked by a junior prosecutor in the Southern District of New York concerned about plausible shenanigans in the remission of Bernie Madoff loot — the Justice Department’s own Inspector General cited serious deficiencies in the US Marshals’ handling of seized assets. The OIG wrote a report that reads kinda like a Full Tilt indictment … at a time when they are getting flack (from both the left and the right) for essentially abusing some 400 laws allowing them to take money and other assets from people who may or may not face criminal charges.

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The big news this week was, of course, the amending of the Department of Justice’s online poker civil suit claiming that Full Tilt Poker was engaged in a “Ponzi scheme” that defrauded its players. Needless to say, this was a sad day for American poker players that underscored our need as players and enthusiasts for consumer protections.

I have spoken with many poker players who have been deeply affected by the failure of Full Tilt Poker, Absolute Poker, and Ultimate Bet to repay its players since Black Friday. While I have roughly five figures of my own money locked up on Full Tilt Poker, this is nothing compared to the heartbreaking stories I have heard from many of my fellow players. We all need to take a stand — for the present AND for the future.

You all received PPA’s update yesterday detailing how to contact the Justice Department’s Victims and Witness Services program. I encourage everyone affected by this to take a good look at both this program and at PPA’s legal analysis of the options available to individual players who have not been able to access their online poker funds.

PPA has worked to ensure that all proposed online poker legislation includes provisions for consumer protections even well before Black Friday. Needless to say, PPA will continue to push for these important provisions. We all deserve safe, licensed, accountable sites on which to play. I am glad the poker community is standing together, united in this fight for our rights.

Here are some actions we can take right now to continue to advocate for our rights. These take less than 60 seconds each!

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A sign seen in the new Aviator Casino, in Delano, California, reminding me of a difference between casinos regulated in lands we know well and virtual establishments based out of places that may or may not exist beyond our poker imaginations:

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WSOP-eBay

Gold is currently selling for $1,390 an ounce, just short of what Eskimo would need for his next WSOP buy-in.

I’m back in action because I thought I was going to be up this morning spending my Pokerati paycheck on an Eskimo Clark bracelet — there’s one for sale on Ebay right now, in an auction that closes in about an hour. But holy meltdown, they’re up to 15 bids already, from six different bidders, and $4,050! That’s already more than TJ Cloutier got for his pawned-off WSOP hardware nearly a year ago, and puts Eskimo’s jewels way out of my league unless someone wants to give me a raise by infinity. Can you say, “Going once, going twice … going in your pants at the table?”

The auction closes today at 10 am PT.Get in before this “pre-owned” 1999 $1,500 Razz beauty is gone. (Replace the word Razz with “Dodge Neon” and that’s what my last boyfriend used to say to initiate foreplay.)

I knew I had no chance of scoring Peter Eastgate’s bracelet on eBay last week. His newer model fetched a whopping $147,500 after Interpoker got into a bidding war with Tony G, who made a play for the limelight by blog-bragging about plans to buy it for a collar for his dog. Inter stepped in to thwart him from making a “mockery” of the WSOP, but I’m not sure which is worse – seeing a WSOP bracelet on a dog or seeing it on eBay. But with the prize going to anonymous bidder “7***l”, it did raise a lot of money for UNICEF.

And check it out, Eastgate’s not done hawking his WSOP main event booty yet. Little Petey’s now got his “2008 WSOP Final Table Corum timepiece” for sale. The seller is “petereastgate” himself, making his first ever eBay posting. Asking price: $7,000. Money from that auction will go to UNICEF, too, but so far it has 0 bidders and closes on Friday.

Maybe I’ll use what I thought I’d spend on Eskimo to buy a couple Peter Eastgate 8x10s.

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What looks to have been a rookie armed robbery of a min-stakes poker game in Michigan caught on video … just like EPT Berlin … you know, if PokerStars ran live events in the $30 to $40 buy-in range that start at 7 and have 15-minute levels.

At about 1 am Wednesday night/Thursday morning, two armed men entered “The Tilt Room” at the Bob-Hi Lanes near Muskegon, Michigan (a small port town of about 174,000). Upon being laughed at by players and managers, one of the robbers pistol-whipped a room employee as the duo grabbed cash on the bar, then stuffed their pockets with the rest of the money on hand. No one was seriously injured. Police say they are looking for two black males, one about 6’4″ the other 5’9″.

No word on how much money the “blue-hoodied bandits” got away with. By law, Michigan poker rooms are allowed to sell up to $15,000 in chips each day.

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photo: WYFF4 – Greenville

No charges have been filed, despite yellow tape identifying this site of a deadly poker game as a crime scene.

This time it was player-on-player violence … leaving one man dead and another injured after a gunfight broke out early morning at a warehouse poker game in Anderson County, SC.

Jermaine LeCorey Scott, 34, supposedly was losing in the wee hours of a game last week, and at some point pulled a gun on five other players. Though not clear whether or not the triggering incident had anything to do with a bad beat or involved accusations of cheating, police contend Scott was attempting to rob his opponents … even though he was not wearing a mask like most (99 percent?) armed poker robbers.

From local news reports: Channel 4 (with video), more Channel 4, Channel 7

Players supposedly called flagged down police at a nearby intersection around 7 am on Tuesday to report the shooting, and deputies arrived to find two men shot, lying on the ground in the empty warehouse, which may or may not have been cleared of poker supplies before their arrival. Scott died at the hospital from multiple gunshot wounds a few hours later. The other player, unnamed, had bullet wounds to his hand and a concealed weapon permit. Police investigators have ruled the deadly shooting a matter of self-defense — justifiable homicide — and say they have no plans to press any charges.

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A relatively routine raid of a low-stakes poker game in Greenville, South Carolina turned bloody yesterday night — as police tried to gain entry to a poker house. The game host, now known to be Aaron Awtry, 72, shot through the front door, striking sheriff’s deputy Matthew May with a bullet that went through his arm.

A vice squad in SWAT gear returned fire, hitting Awtry with multiple rounds in his arm and thumb … which was followed by a 20-minute standoff between cops and players, according to a spokesman for the Greenville County Sheriff’s Department. Both shooting victims were taken to the hospital where they are in stable condition.

There were 12 people and Awtry in the house at 502 Pine Knoll Drive when police arrived at about 9:20 pm last night. According to frontline witnesses, they had just finished a small buy-in dinnertime tourney … and a 1/2 cash game was just getting underway when someone saw 5-0 approaching on a security monitor. Before he could clearly vocalize an alert, a battery ram begin slamming the front door and players froze. Awtry, who players say has notoriously bad hearing in his senior years and presumably believed the game was being robbed, began shooting at the door with his pistol, firing “at least once” according to a player, “multiple shots” according to police. At least four officers returned fire at the door with at least 20 bullets from their higher-powered assault weapons.

As Awtry fell back into the poker room entryway, he balked, “Why didn’t you tell me it was the cops?”

click to enlarge

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Scott Montgomery, 2008 November Niner … he has a bracelet now, but presumably wasn’t wearing it this weekend when he says he got accosted by a knife-wielding bandit inside a Bellagio bathroom. (While taking a leak? That could make a difference in this sitch.)

With all due respect to Montgomery’s 5th place WSOP main-event finish and his donkament bracelet this summer, he’s clearly no Greg Raymer. Montgomery declined his assailant’s implied invitation to brawl for money, and instead simply handed him $2,000 in cash (mo chips?) … yeow, what does it say about the economy when Bellagio doesn’t have armed shoe-shine guys on duty?

From the Cake Poker blog:

Montgomery was at Bellagio to play in a Festa al Lago preliminary event and went to the bathroom on a break from the tournament. As he described it on his Twitter account, “Got mugged today at Bellagio. Black guy pulled a knife on me in the restroom. I gave him the $2k in my wallet and he left.”

“I called security, but they took like 15 mins so they didn’t catch him. They are useless twits. Didn’t even ask me to look at camera footage,” Montgomery continued. “Security pretty much just said oh well, life sucks, have a nice day. I’m pretty annoyed.”

Bellagio Poker ≈ Binion’s Self Park?

Though two instances (that we heard about) over the span of nearly 6 years hardly constitute a trend, you just don’t expect certain kinds of violence in luxe resorts with multiple guards outside the parking garage looking for casually waving through possible Al Qaeda terrorists. I mean what is center-Strip, not dark-alley downtown Vegas or daytime Berlin!

But it was indeed at Bellagio — during the 5-diamond — where armed robbers discovered not all bracelet-winning poker players were easy marks. In that situation, December 2004, Greg Raymer, poker’s newest big world champ, fought off two attackers with guns. According to reports, they got away, too (as security let them pass) … however, were caught some five months later in California, and brought back to Las Vegas for trial. (I believe sentenced to something like 3 years, not sure though …)

Pokerati PSA: Remember, next time you’re being attacked in the Bellagio or anywhere in Vegas really, you can tweet for help @LVMPD, hashtag #911.