Correction posted 1/18/2011 12:18 AM EST.
The plaintiffs are Daniel “Ashman” Ashman, Brad Booth, Thomas “tommyboy83″ Koral, Greg “Captain Zeebo” Laverly, Dave Lizmi, Daniel “King Dan” Smith, Joseph Sanders, and Dustin “Neverwin” Woolf. They claim to have together suffered damages of over $2,000,000, though the complaint only specifies the ownership of $1,734,863.50.2
- violation of the Racketeer Influenced and Corrupt Organizations Act;
- conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act;
- interference with prospective economic advantage;
- intentional infliction of emotional distress;
- unfair business practices (as defined by California Business and Professions Code 17200-17210);
- fraud; and
In addition to Excapsa, the complaint lists ten John Does as defendants, whom it identifies as unknown “owners, operators, officers, employees, and/or agents of Excapsa.” It suggests that some of these Does may be revealed after discovery to be Greg Pierson, Jon Karl, Jack Bates, or Russ Hamilton.
Much of the complaint is devoted to explaining details of the scandal, the attempts to cover it up, the poker community’s remarkable discovery of the cheating, and some of Ultimate Bet’s complicated ownership history, all of which is already publicly known. Indeed, the text contains no significant new information about the scandal.
It does, however, mention the possibility of obtaining such information: It refers to a database of all hands played on Ultimate Bet from 2003 to 2008, which the complaint states was given to both auditor Uri Kozai and UB’s regulator, the Kahnawake Gaming Commission. Such a database has been sought by the poker community for over three years and could settle many of the unanswered questions about the superuser scandal. The complaint states “Presumably this key information has been maintained and not destroyed and will be provided to plaintiffs during discovery so they can conduct their own analysis of losses.”
Subject: Poker wishes to clarify that this lawsuit is not the RICO class action lawsuit that the poker community has long discussed. This complaint only represents the interests of the listed plaintiffs.
Correction 1/18/2011 12:18 AM EST:
We erroneously called Joseph Sanders “Joseph Sander.”
Subject: Poker apologizes for any confusion caused by our mistake. Thanks to Matt Kaufman for bringing it to our attention.
- The lawsuit is actually against 6356095 Canada, Inc., which Excapsa, Inc. became when it started the long process of liquidation in 2006. ↩
- From the complaint: “Plaintiffs have been damaged in the sum according to proof at trial, but not less than $153,863.50 with regard to Daniel Ashman, over $500,000 with regard to Brad Booth; over $20,000 with regard to Thomas Koral, over $140,000 with regard to Greg Lavery, over $500,000 with regard to Dave Lizmi, over $100,000 with regard to Joseph Sanders; over $20,000 with regard to Daniel Smith, and over $300,000 with regard to Dustin Woolf.” (The punctuation was copied faithfully.) ↩
- It does not clarify whether any of the plaintiffs received any compensation themselves. ↩