Gaming attorney Jeff Ifrah and his law firm have removed the Nevada state civil case against them filed by Chad Elie to the US District Court for the District of Nevada. “Removal” refers to the transfer of a case from a state court to a federal court that includes the place where the state action was pending, so the venue in Nevada makes sense. Only defendants may remove cases to federal court. To remove, the case must be eligible to have been filed in federal court in the first place. In this case, the federal court’s diversity jurisdiction appears to be met because Elie and Ifrah are citizens of different states and the matter in controversy exceeds $75,000.
Presumably Ifrah wants to get this in front of the federal bench because he’s more confident of his hearing there than in state court. And perhaps there will be a further move to transfer this case east of Nevada, to another federal court. Time will tell.
The attorney for Chad Elie filed an amended complaint against Jeff Ifrah, Ifrah PLLC, and others yesterday in the District Court of Clark County, Nevada. Recall that the original complaint had some very serious allegations made as against Ifrah (none of which have been proved in court). The amended complaint has the same basic claims for relief, but expands upon some of the earlier allegations and offers some further particulars.
For example, paragraph 3 of the complaint now pleads that Ifrah is licensed as an attorney in the District of Columbia but not in Nevada, California, Florida, or Illinois, even though “he performed services for and provided legal advice to” Elie while Elie was in those jurisdictions. (Interestingly, however, it’s not specifically pleaded that Ifrah gave Elie Nevada, California, Florida, or Illinois legal advice.) Paragraph 7 is now explicit in introducing the client conflict that is a big part of Elie’s purported case: that Ifrah was conflicted in representing both PokerStars and Full Tilt (for whom he is alleged to have been rustling up processing solutions) and Elie (who was exposed to criminal sanction for providing those solutions). This doesn’t change much; the original complaint was clear on this point, but the amended version ties this characterization in earlier in the narrative and gives some additional factual basis for it.
Another new tidbit is the claim that Ifrah requested that Elie’s payments to him be characterized as payments for “consulting” services rather than legal services (see new paragraph 59). Ifrah is alleged to have done this so that he would not be conflicted out of representing criminal defendants when and if indictments for payment processing were handed down, as Ifrah expected, for example, like those coming out of the SDNY on Black Friday. (See new paragraphs 60 and 74.) Elie’s amended complaint states that Ifrah subsequently denied that he even acted for Elie in putting together Elie’s processing deals.
Assuming that the original complaint was served on or about April 11th, Ifrah and his firm appear to have 10 days to respond to the amended complaint after service.
Daniel Negreanu $1,038,825 – WSOP APAC Main Event
Phil Ivey $51,840 – WSOP APAC Mixed Event
Philipp Gruissem $825,000 – WSOP APAC High Roller
Aaron Lim $233,800 – WSOP APAC Six Handed
It was a fun weekend in Australia as two of the biggest names in poker captured WSOP APAC braclets. Phil Ivey won his 9th career bracelet in the Mixed Event, a tournament on the smaller side but impressive none the less. This win puts him in a tie with poker legend Johnny Moss and just one behind Doyle Brunson and Johnny Chan. After his run at the WSOP in 2012, there will be a lot of money on him winning another this summer.
Daniel Negreanu ended his 5 year WSOP drought by taking down the APAC Main Event for this 5th career bracelet. The title puts him in a tie with a boatload of other top players including Allen Cunningham, Ted Forrest, Scotty Nguyen, Jeff Lisandro, John Juanda, and the late great Stu Ungar. This was Negreanu’s second big chance to win a WSOP Main Event title after finishing 2nd at the WSOP Europe in 2009. It was probably fortunate he had to battle Daniel Marton heads up instead of having Barry Shulman own his soul.
Link Dump
Tweet of the Day – Down goes Hellmuth! As captured by Jason Koon.
Heard a large thump. Look over and Hellmuth is laying in the floor. You’re welcome. twitter.com/JasonKoon/stat…
#1. Ray Bitar completed the first step of a deal with the US Government last week. Word is his sentencing hearing could come this Friday. Jail time seems unlikely, but isn’t completely off the table …
#2. Illinois state senator Terry Link proposed a new path to online gambling by amending SB1995 last week to allow the Illinois Lottery to offer online “draw-based games,” defined as “games where a series of numbers or characters are determined to be the winning numbers or characters by a mechanical or computerized random number generator at a drawing time specified by the Department.”
In the week ahead I’ll be watching the bill for additional amendments and also for opinions on whether online poker can be crammed into the above definition.
Courtesy of Nathan Vardi, today comes news that Chad Elie, a Black Friday defendant now serving federal time, has sued Washington D.C. lawyer Jeff Ifrah and his law firm, Ifrah PLLC, whom Elie alleges were retained to represent him. The complaint was filed yesterday in the District Court in Clark County, Nevada; a copy of the complaint is available here.
Part of the complaint is devoted to Ifrah’s defence (or purported lack thereof) of Elie in a prior case commenced in Nevada state court and subsequently removed to federal court.
But the potentially explosive part of the claim concerns alleged payments that Ifrah received payments from Elie’s LLC (21 Debit) as “commission[s] on procuring the deals with the banks which processed poker transactions.” In so doing, Elie alleges that Ifrah acted in a conflict of interest vis-a-vis Elie and his other clients and withheld critical information from Elie about the illegality of payment processing for online poker in the United States. Elie states that Ifrah received $100,000 per month as his cut for this processing and more than $1M in total therefrom.
The other incendiary claim is that Ifrah disclosed privileged and false information to the US Attorney for the Southern District of New York “in order to avoid indictment from the US Attorney’s office for his own illegal activities.”
This is just a complaint at this stage; none of this is evidence and nothing has been proved in court. Ifrah will doubtless respond. Given the seriousness of the allegations, the response should be every bit as good a read as the complaint.
No surprise, QuadJacks was all over Tuesday’s news — as the story that originally put them on the map begins to come to a close some 15 months later. They did a series of quick, YouTubeable interviews throughout the day that you can listen to all together here. Was gonna highlight just a few, but by the time it was all said and done, I listened to the whole lot of them, well-hosted by Marco doing his best Frasier Crane of Poker.
Collectively they tell quite the narrative about a dramatic day’s impact across a representative patchwork of serious players who all had some sort of stake in the outcome. And while I’m loathe to do Zac and Marco’s work for them, here’s a rundown of what I spent my yesterday listening to (in the order I listened) instead of watching the Olympics even though Michael Phelps still plays poker.
Nolan Dalla – the WSOP media director speaking off-duty as he gets on various soapboxes to express anger at key Full Tilt figures and the “conspiracy of silence” among those (poker media included) who would rather cater to the poker masses’ desire for “jackass talk.”
Steve Preiss – Wicked Chops first told us about this story several months ago, and plenty of poker idiots out there didn’t believe it for a second — calling the deal “fiction” and “fantasy” while figuring WCP musta still been on tilt after the collapse of Epic Poker, which the consummate poker-insider indie-media op also reported ahead of anyone else. Here’s what Chops saw that others didn’t as the Stars-buys-Tilt deal emerged.
Jeff Ifrah – Ray Bitar attorney celebrates a “victory” as his client awaits trial in a California mansion and is still facing the rest of his life in prison for getting rich by lying to his customers about how awesome he and Full Tilt players were. But none of that matters because all Full Tilt ever wanted to do was clean up the mess that Bitar didn’t leave behind?
I gotta think representing himself pro se against the DOJ was not part of the original plan. But that’s the real story (imho) yet to be noted in Ray Bitar’s claims that he wants some of his property back (including two bank accounts in Pokerati’s old Dallas stomping grounds).
Have a look at the document. He filed the motion himself — “Verified Claim of Raymond Bitar, Pursuant to Rule G of the Supplemental Rules for Admiralty and Maritime Claims” — with an Irish notary public to make it official.
I certainly don’t know the nuances of Rule G of the Supplemental Rules for Admiralty and Maritime Claims, but it seems complex enough that an attorney might-should usually be filing this kinda thing. And the lack of legal counsel’s involvement in this civil matter raises plenty of questions about the financial status of Bitar … and maybe even the motivations of various comments by Full Tilt attorneys who may or may not be still be getting paid.
First Gambling 911 and Pokerati … then the Associated Press, and now MSNBC, the Wall Street Journal, and the New York Times are following aware of the $33 million of online poker winnings that has been frozen at the behest of an Assistant US Attorney in New York’s Southern District, the court that has historically created the most headaches for all things online poker.
ALT HED: Neteller 2?
The banks are deflecting blame and criticism, saying they’re simply complying with a federal court’s direction. Not surprising, of course, considering they aren’t really in a position to defy their new dot-gov overseers. The non-poker media probably doesn’t even give a shit about poker players — they just care right now about the relationship between government and banks … but hey, good to know … because just like government officials found a villain in the form of online gamblers to justify fingering its way into the bigger world of cross-border internet commerce, now online poker has a potential villain in bad, old-school governmenting (relying on nearly 50-year-old laws) to justify its immediate need to revise the laws that affect our multimillion-UScitizen industry.
To understand the brass tacks of what just happened and is happening, be sure to read the NYT story here:
Four American banks were hit with court papers — Wells Fargo, Citibank, Alliance Bank of Arizona, and one other — telling them to freeze the funds.
In part because of the secretive nature of grand juries, it’s not yet clear whether all are court orders or just friendly requests. (Ha.) Wells Fargo’s was an order.
Four online sites affected — Full Tilt, PokerStars, and two others.
Southern District prosecutors told at least one bank the funds in question “constitute property involved in money laundering transactions and illegal gambling offenses.â€
The accounts frozen belong to Allied Systems and Account Services, two payment processors (at least one of which seems to be based in Canada).
