Superuser Scandal Victims Sue Old UB

January 17, 2012 - 3:51 PM EDT
By

Correction posted 1/18/2011 12:18 AM EST.

Eight poker pros and alleged victims of the Ultimate Bet superuser scandal have filed a civil suit against Excapsa Software, Inc., the company behind Ultimate Bet until 2006.1

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

The complaint argues that Ultimate Bet’s repayments to victims were inadequate and that the victims are entitled to a thorough accounting.3 It lists eight separate causes of action:

  1. violation of the Racketeer Influenced and Corrupt Organizations Act;
  2. conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act;
  3. conversion;
  4. interference with prospective economic advantage;
  5. intentional infliction of emotional distress;
  6. unfair business practices (as defined by California Business and Professions Code 17200-17210);
  7. fraud; and
  8. negligence.

Because this is a civil RICO lawsuit, the plaintiffs ask for treble damages. They also request compensation for attorneys’ fees, trebled costs of investigation, and $10 million in punitive damages.

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.


Footnotes

  1. The lawsuit is actually against 6356095 Canada, Inc., which Excapsa, Inc. became when it started the long process of liquidation in 2006.
  2. 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.)
  3. It does not clarify whether any of the plaintiffs received any compensation themselves.

Tags: , , , ,

«
»

16 Responses to Superuser Scandal Victims Sue Old UB

  1. martin carrico
    January 17, 2012 at 5:20 PM EDT

    I lost over 100 dollars. They scammed me as well.

    -Ripptyde

  2. Scott f
    January 17, 2012 at 6:01 PM EDT

    About time u guys published a new article

  3. AfterBroadway
    January 17, 2012 at 9:23 PM EDT

    They deal with legitimately legal poker scandals, mostly. They’re not just going to publish a BS article about how Phil Ivey was spotted at some casino. So, be patient. They do a great job at researching and writing these articles. I think they deserve some respect.

  4. Quinn
    January 18, 2012 at 12:09 AM EDT

    “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.”

    Just to clarify, this doesn’t mean there can’t also be a another class action RICO lawsuit, correct?

  5. JefKve
    January 18, 2012 at 12:16 PM EDT

    Linking to wikipedia today was a cruel and unusual joke…I’m just sayin’

  6. Super User
    January 18, 2012 at 7:09 PM EDT

    LOL, easy marks SFO ROFL.

  7. jimsbets
    January 19, 2012 at 9:00 PM EDT

    you should stick to stories on FTP or maybe anything to do with legislation IMAO. Not many people outside of those mentioned in the lawsuit care about someone suing UB.

    • Jwheels
      January 21, 2012 at 2:56 AM EDT

      Speak for yourself, I hope UB has more pain coming their way. As always Subject sticks to their principles and does another nice job. Thanks.

      • jimsbets
        January 21, 2012 at 10:19 PM EDT

        I was speaking for myself, thats what IMAO means. However I’m sure that like myself many people loaded up SP and thought “YESSS finally an upda…oh its about UB”

        • Mike
          January 23, 2012 at 2:02 AM EDT

          “Not many people outside of those mentioned in the lawsuit care about someone suing UB.”

          That isn’t an opinion. It is speculation about a matter of fact, one which I suspect is very untrue.

          How does this hurt you other than for like 1.5 seconds when you think the update was about you? It’s not like SP was humming and hawing about posting an update on FTP and decided, “Nah, let’s write about UB instead!” You’ve lost nothing here.

    • PokerStars
      June 30, 2012 at 7:02 AM EDT

      That’s a point of opinion. You only speak for yourself, and the people here do/did a great job with the articles.

  8. yyjn12
    January 21, 2012 at 7:36 PM EDT

    Still no FTP related news?
    Can FTP really able to back online in the near future?

  9. NJ CRUSHER
    January 23, 2012 at 10:14 AM EDT

    IN 2006 I WAS PLAYING 2-5 NO LIMIT AT THE BELLAGIO. I SAT NEXT TO A YOUNG MAN WHO HAPPENED TO WORK FOR THE COMPANY THAT INSTALLED ONLINE WEB SERVERS IN THE CANADIAN TRIBAL LANDS FOR VARIOUS ENTITIES IN AND OUT OF CANADA. I TOLD HIM OUTRGHT THAT I DID NOT TRUST ANY ONLINE POKER SITE AND THAT I WOULD NEVER PLAY ON ANY SUCH SITE. I TOLD HIM THAT THERE WERE MANY WAYS IN WHICH ONLINE PLAYERS WOULD BE CHEATED BY THE ONILINE SITES DIRECTLY AND INDIRECTLY SUCH AS BY THE ONLINE SITE ITSELF, ITS EMPLOYEES OR BY THIRD PARTIES. HE WAS “ABSOLUTE” IN SPEAKING OUT FOR THE THE INTEGRITY OF THE ONLINE SITES. WELL GUESS WHAT? WHEN YOU COMBINE MONEY AND GREED THE CHEATING OF THE PLAYERS IS A FOREGONE CONCLUSION. UP TO THAT TIME I HAD WORKED SEVERAL YEARS AS A PATENT ATTORNEY RESEARCHING MANY MANY PATENTS RELATING TO ONLINE POKER SYSTEMS. I KNEW WHAT COULD BE CONCEIVED AND PRACTICED BY POTENTIAL CHEATERS. WITH RESPECT TO THIS NEW LAWSUIT, THE DISCOVERY PROCESS WILL GENERATE MANY USEFUL FACTS AND DOCUMENTS THAT WILL SINK MANY OTHER PERSONS OTHER THAN YOU KNOW WHO “RH”. THAT’S WHEN THE YOU KNOW WHAT WILL HIT THE FAN.

    • Chappie
      January 23, 2012 at 5:40 PM EDT

      You say that as though there were never any cheating at live games. I did not play on UB (specifically because of their reputation), but in general I felt like I was getting a much fairer shake by playing on-line than by playing live, even in a casino.

  10. andywend
    January 28, 2012 at 12:32 PM EDT

    When I started reading the article, I had no problem with the additional lawsuit filed by people who were cheated out of their money.

    However, when I saw the “treble damages” (triple damages) and $10 million in punitive damages, these greedy bastards are trying to cash in for over $15 million when being cheated out of less than $2 million.

    It is for this reason I HOPE THEY LOSE and Ultimate Bet prevails and I don’t even like Ultimate Bet.

    By asking for almost 10X their actual damages, these greedy plantiffs have turned what was a very reasonable lawsuit into an ambulance chasing scheme.

    • Ryan
      January 28, 2012 at 11:30 PM EDT

      I think you are over reacting to a fairly common occurrence in lawsuits: Asking for the maximum damages you can possibly justify.

      Think about it: If a company steals 2 million dollars from a group of people, is it more likely they will win 2 million + legal fees + actual legitimate damages from the theft by asking for 10 million or asking for 2 million?

      You also have to remember that it will be the actual theft + legal fees + damages, as the correct resolution would not only restore the theft to the victims, but also compensate them for the stress of the trial, the length of time the money was stolen (and in a perfect world the “risk” that the thieves would have gotten away with it, though that’s probably not a part of the legal system).

      They might start at 10 million and settle for 3 or 4 million and that is perfectly reasonable to my eyes.

      Bottom line, UB stole, lied about it, got caught lying, lied some more and continue to lie. Hopefully the victims of the thefts can at least get some of their money back.

Leave a Reply

Your email address will not be published. Required fields are marked *

*