Comments on: Kentucky Sues Full Tilt Poker, Other Sites to Recoup Losses by State Residents

By: Dan Cypra

Dan Cypra — Fri, 09 Apr 2010 04:31:51 +0000

It remains to be seen exactly how this will play out. The Commonwealth is suing to recoup losses by its residents, but an amount is not given other than the total lost over a four-year period. I’m not sure if individuals can file claims or not.

By: michael risinger

michael risinger — Fri, 09 Apr 2010 02:46:39 +0000

Does this mean the state is suing for money? Do Kentucky residents that played there get there money back they lost?

By: DavidR

DavidR — Wed, 07 Apr 2010 15:02:27 +0000

I seriously doubt the law firmS (that is correct, plural) are working on contingency fees. They are being paid by the state at some outrageous rate but what the heck…. it is only tax dollars. I believe I also read that at least one of the firms is from out of state.

By: jack

jack — Wed, 07 Apr 2010 01:14:31 +0000

Good. Time to give some of the billions back to the players. lederer and the boys have made enough off of the bots and bologna. take em down and lets get back to casino poker only.

By: Patrick Fleming

Patrick Fleming — Wed, 07 Apr 2010 00:42:15 +0000

Hi Dan,

In my opinion this is a desperate move by the lawyers WORKING FOR A CONTINGENCY FEE on behalf of the “Public Safety Cabinet Secretary.”

The statute you have cited is the jurisdictional statute, even under that statute there are still totally impractical requirements to be fulfilled before any of the “defendants” can be defaulted in court.

But more importantly for POKER, this lawsuit is totally off-base; without a link to the actual filing I am guessing thwy are basing liability on the premise that these companies are liable under KY statute 372.020 “Recovery of gambling losses from winner or his transferee.” Which reads:

“If any person loses to another at one (1) time, or within twenty-four (24) hours, five dollars ($5) or more, or anything of that value, and pays, transfers or delivers it, the loser or any of his creditors may recover it, or its value, from the winner, or any transferee of the winner, having notice of the consideration, by action brought within five (5) years after the payment, transfer or delivery. Recovery may be had against the winner, although the payment, transfer or delivery was made to the endorsee, assignee, or transferee of the winner. If the conveyance or transfer was of real estate, or the right thereto, in violation of KRS 372.010, the heirs of the loser may recover it back by action brought within two (2) years after his death, unless it has passed to a purchaser in good faith for valuable consideration without notice.”

Although this would apply to many online gambling business, POKER IS DIFFERENT. You don’t LOSE your money to the poker site. You PAY money to the poker site for the service it provides. You LOSE money to the OTHER PLAYERS!

I cant imagine the KY lawyers are totally unaware of this (although I have to admit, based on their prior actions, that its possible), but they do not seem to care.