RE: Yet Another Full Tilt Lawsuit (Bots on Trial)

Case summary

by , Oct 4, 2009 | 6:24 pm

Here’s the actual Kennedy vs. FTP lawsuit, 19 pages, filed by Cyrus Sanai, a lawyer out of Beverly Hills.

And here’s the 2+2 thread from 2007 when the key plaintiff — Lary Kennedy (aka “pokergirl_z” on Full Tilt) — first spelled out her beefs that led to this lawsuit … mostly stemming from a series of heads-up matches against a Full Tilt player known as “TheComplainer”.

Kennedy is the real plaintiff. Greg Omoroy is just a guy who owned another account she used (which is a whole-nother issue altogether). And though they aren’t formally seeking class-action status, they do seem to be laying the groundwork for such a possibility — an aggressive legal play for sure.

Essentially, the allegations are that Full Tilt — with unfettered ability to label a player a bot, confiscate her money, and smear her name by calling her a bot — constitutes organized crime … being perpetuated by Californians against Californians, in violation of all sorts of California business and gaming laws.

They also say that “Playing Against the Pros” is tantamount to gambling against the “house” … there’s an added boogeyman with allegations that Full Tilt is running its own bots on the site … and a new-to-me company gets discussed, too: Verta Enterprises, out of St. Kitts.

On the surface, that seems less shakedown/extortion-y than other California lawsuits against Full Tilt. But the class-action possibilities suggest this suit is really looking for penalties in the hundreds of millions or more — you know, the kind of money the Feds have been collecting from longtime online gambling purveyors looking to get on the USA clean list.

If it turns out pokergirl_z was not a bot — and she claims to have video proof — it could be quite the expensive security goof.

Click below for further breakdown of the suit:

The defendants:
Full Tilt Poker
Chris Ferguson
Howard Lederer
Ray Bitar
Phil Gordon
Phil Ivey
Perry Friedman
John Juanda
Erick Lindgren
Erik Seidel
Mike Matusow
Allen Cunningham
Gus Hansen
Patrik Antonius
Tiltware LLC

The claims:
Fraud
Violations of the RICO Act
Violations of California Business and Professions Code
Unjust enrichment
Libel
Slander

Damages:
Without specifying an amount, they seek compensatory and punitive damages, to be determined by the court upon seeing the evidence of how much money Full Tilt makes.

1. FRAUD
Full Tilt misled her as a customer and did not deliver what they promised.

2. RICO
Racketeering=organized crime. They specifically finger Ferguson and Friedman for running an unlicensed card room.

3. BUSINESS CODE VIOLATIONS
In California, unfair competition and false advertising are illegal business practices … allegedly committed not just against Kennedy, but thousands of players in the state of California — and they’ll need to see the books to figure out just how much money Full Tilt has made from said illegal business practices. Or in other words, Full Tilt being Full Tilt violates the law and deceives the public.

4. UNJUST ENRICHMENT
See above. Claim is that Team Full Tilt got rich in ways they shouldn’t have.

5. LIBEL
Full Tilt postings calling her a bot are false statements that have done her harm.

6. SLANDER
Same as above, covering oral statements.


9 Comments to “RE: Yet Another Full Tilt Lawsuit (Bots on Trial)”


  1. anonymous
    says:

    Kinda curious as to why Perry Friedman was named. He’s not part of Team Full Tilt.


  2. DanM
    says:

    likewise curious about that. I think it has something to do with his being from California … I get the sense they are trying to show Californians committing crimes in California … and if he makes any money from Full Tilt, whether he’s an owner or not, that brings the gaming violations they are claiming into play.

    In some ways this looks like a suit throwing everything against the wall to see what sticks … but at the same time, if there is any legitimacy to the case, then it makes sense that any possible legal violations would be so complex.


  3. Another poker writer
    says:

    The complaint is poorly written and was NOT brought on behalf of a class (although some of the language implies that Plaintiffs’ attorney THOUGHT he was doing so). This complaint will most likely be answered then removed to Federal Court (rather than demurrer to). Although one would think that a demurrer would be forth coming, the complaint is so poorly written it would be better to simply answer in state court, then remove the matter to federal court on the grounds of diversity. Awards in federal court are generally smaller than in state court. The complaint can quickly be challenged on a motion to dismiss or motion for summary judgment. Double jeopardy also applies in civil actions. Once dismissed with prejudice or once judgment is entered – this case is gone. Plaintiffs’ OWN WRITTEN ADMISSIONS that they traded accounts is collusion and cheating under the FTP TOS and more than enough grounds for FTP to have suspended the accounts and seized the funds.


  4. oldsub
    says:

    Full Tilt and all poker sites, manufacture the selection of cards by computers. The card deck is made up by software, written by the staff of the poker sites. A bot is a piece of software also.

    Therefore, such things as this is referred to as “artificial intelligents,” the same as a piece of software which plays chess or flys a rocket to the moon.

    Why should the poker sites have the rights to make and deliver cards to the players at the tables using “arificial intelligents” and the player has no right to play against the their “arificial intelligents” using his or her “arificial intelligents.”

    Definitely discrimination, hope Full Tilt’s loses.


  5. scott
    says:

    Bob Smith

    Their are many folk out there arguing about if online poker is rigged or not…I wold like to help put this to rest by stating that it is rigged in many different ways. i helped write some of the software for tiltware LLC…while working on the fulltilt site some of the other programmers and i were asked to install programming into the software that would recognize certain players and provide them with unbeatable hands. we were also asked to develope software that would provide what they called the”maximum oppurtunity to bet” which meant that the deals are rigged to deal out alot of good starting hands to alot of players so that the most betting possible would take place on every deal. The deal would then provide a monster flop in which atleast two players would be all in before the river.(ever wonder why nobody ever misses the flop online…because then no one would bet and that is not what fulltilt wants) This keeps the tourneys fast paced and exciting which players love. Fulltilt loves this too, the faster you lose the faster they can make more money off you by having enter another tourney.
    There is also another way fulltilt cheats you out of cash with their own personal players. These players are called house players and are fulltime employees of the Fulltilt compnay. If you check some names and their online wins vs. loss records you will often find them with records that are simply unreal. I have seen some of these folks who win over 50 straight sessions without a loss…how can this be possible unless they are working on the inside. They come and go and change their names often but they play in the site with the full adavantage of being able to see all the cards in play and in the deck.
    Another programming trick we wrote into the software at fulltilt is the levels trick…this trick takes place when a tournament has been running after the first break. The computer recognizes the different size of each players chip stack and begins to deal out hands in which a small stack will shove all in and a large stack will have a better hand to call with. Have you ever wondered why you get pocekt QQs with 1500 chips and the guy next to you gets pockets KKs and he has 10,000 chips? The answer is simple the site is programmed to get you to play as much as possible. So we programmed the site to eliminate the small stack as quickly as possible so that they can go enter another tourney asap. The site is even prgrammed to adjust the flop for big stacks so that even if the big stack calls your hand with nothing he will end up beating your good made hand by the river. Often times the site will deal you back to back hands with the same cards but maybe different colors or suits..this “glitch” is a sign that the computer is adjusting the shuffle to start elimnting small stacks and allow the tourney to finish quicker.
    The sooner a tournament is done the faster fulltilt can have you back at another table spending more money…it is to this sites best interested to eliminate you from tables as fast as possbile. There is no one to regulate how the company manipulates the software to thier own advantage. There is no one to monitor how the company pays out its players and employees. Simply put, giving some offshore account your hard earned cash is simply insane. Thinking that these people arent cheating you out of your money is crazy, the site has many layers of hidden programming all set up to take full adavantage of all types of players from novice to expert.
    the main reason i wrote this blog is to expose the fraud that takes place at online gaming site known as Fulltilt poker i was fired three months ago from the company that helped write the software..yes i am bitter and mad but i do fell everyone so know how bad fulltilt is and that is a site built by THIEVES!!


  6. JB
    says:

    this is first I have heard anyone tell it like it really is. I have been playing full tilt for many years and its always exactly the same . I mean every time. They let you win at first and then you start getting rediculous bad beats . it takes a while but it happens every time, also the bot starts playing completely differnt , going in on hands that for hours the bot never would , then when your money is gone and you deposit more and play again its gone in less than five minutes and thats playing really safe I AM TALKING ABOUT HEADS UP.IT HAPPENS EVERY SINGLE TIME. I just played heads up omaha hi for over 6 hours with one bot and was up over$1500.00 bucs, then it started happening again. it was like a different player. I lost $800,oo in about 15 minutes then i went to a different bot and lost it all in 3 minutes and i never bet, only the bot was pushing every hand. i then went back after making another deposit and the bot continued to push as much as he could every single hand. I folded 80% and only went in if i had a great hand. i lost every time usally on the river. The bot never folded not once not even once. I am a very good player could play with anyone , I mean anyone. I f you saw this it would make you sick. I wish some lawyer with some brains and balls would go after these crooks once and for all and expose them. The odds are trillions to one on the thousands of hours you could prove so easy to a jury on my play alone if was analized and the extreme and obvious cheating that goes on plus the pattern in which it happens. Really its a slam dunk. Its always exactly the same , THATS HOW YOU NAIL THEM.


  7. JB
    says:

    ON FULL TILT, I WILL GET MORE RIDICULOUS BAD BEATS IN THREE HOURS THAN I WOULD GET PLAYING A THOUSAND HOURS IN REAL LIFE POKER. EVERY TIME. I CAN SHOW YOU THE SAME GUY, USUALLY ITS TWO OR THREE OF THE SAME GUYS THAT WILL CALL AND WIN WITH LIKE 9,4 OFF SUIT IN A HOLD EM SIT AND GO OR TOURNEY GAME AND BEAT HIGH POCKETS EVERY TIME ALWAYS THE SAME GUY AND ITS USUALLY PRE FLOP OR A LOT OF MONEY HAS BEEN BET PRE FLOP AND THE BOT CALLS WITH NOTHING AND OUT OF POSITION WHO DOES THAT? ONLY A BOT DOES! OR THE BOT GOES ALL IN AND NEEDS RUNNER RUNNER AFTER THE FLOP TO WIN AND GETS IT. I HAVE SEEN THAT HUNDREDS OF TIMES… ONLY ON FULL TILT THOUGH. I AM AN IDIOT FOR PLAYING SO MUCH AND I GO ON SPURTS. ITS ALSO FUNNY WHEN I GET FED UP AND HAVEN’T PLAYED FOR A WHILE AND THEN PLAY, ITS AMAZING HOW WELL I DO. I WONDER WHY? ALSO ALL THE PEOPLE I KNOW WHO PLAYS FULL TILT, WHICH IS A LOT . NO ONE HAS EVER CASHED OUT ANY MONEY. EVER! WHAT A GREAT SCAM. FULL TILT OWES ME A LOT OF MONEY.


  8. JB
    says:

    BY THE WAY , HAVE YOU EVER NOTICED IN A SIT AND GO OR TOURNEY, HOW OFTEN A’S COME UP ON THE FLOP. ME AND MY BUDDY ONCE COUNTED OVER 500 HANDS ONE NIGHT AND A’S, BELIEVE IT OR NOT, CAME UP OVER 50% OF THE TIME. I’M NOT KIDDING. THEY DEAL EXCITEMENT ALL RIGHT….. ONLY ON FULL TILT! TELL ME ITS NOT FIXED , IT HAPPENS ALL THE TIME IN REAL LIFE. 50% OF THE TIME. C-MON, AND NO ONE HAS EVEN TRIED TO TAKE THEM TO TASK. THEY ARE SO BLATANT!


  9. JB
    says:

    BOB IS ABSOLUTELY RIGHT BY THE WAY. AND I KNOW I’M RAMBLING ,BUT I.M PISSED.
    WHEN YOU HAVE ENTERED A TOURNAMENT WITH SAY 500 PLAYERS AND THERE IS SAY APPROX. 80 PLAYERS LEFT AND YOUR SHORT STACKED AND ITS BREAK TIME.

    ONCE THE BREAK IS OVER I CAN GUARANTEE YOU. YOU WILL RECEIVE EITHER HIGH POCKETS OR BIG SLICK A,K IN YOU HAND WITHIN THE FIRST TWO TO THREE HANDS PLAYED TO TEMPT YOU TO GO ALL IN. DONT DO IT …YOU WILL LOSE EVERY TIME. THEY WANT YOU OUT, YOU WILL BE SO FAR HEAD PREFLOP AND ALWAYS LOSE. I MEAN ALWAYS.