Eight professional poker players filed a lawsuit against Excapsa Software, Inc., the former controlling company of online poker room UltimateBet, seeking damages for Excapsa’s role in the cheating scandal that was uncovered in 2008.
The plaintiffs in the case are, in alphabetical order, Daniel “Ashman” Ashman, Brad “Yukon” Booth, Thomas “tommyboy83” Koral, Greg “Captain Zeebo” Laverly, Dave Lizmi, Daniel “King Dan” Smith, Joseph Sanders, and Dustin “Neverwin” Woolf. In the description of the Third Cause of Action in the 42-page complaint, the eight men list the dollar amounts of their damage claims: Ashman – $154,863.50; Booth – $500,000; Koral – $20,000; Lavery – $140,000; Lizmi – $500,000; Sanders – $100,000; Smith – $20,000; and Woolf – $300,000.
The complaint spends most of its pages detailing the cheating scandal, in which Excapsa/UltimateBet insiders used a software exploit to see players’ hole cards and play “perfect” poker, allowing them to win millions of dollars. Eight Causes of Action are listed in the suit:
First Cause of Action – violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act.
Second Cause of Action – Conspiracy to Violate the RICO Act.
Third Cause of Action – Conversion (essentially, the civil brother to the criminal act of theft).
Fourth Cause of Action – Interference with Prospective Economic Advantage (the cheating caused the poker players to lose money and move down in stakes because of dwindling bankrolls, causing them to lose out on more potential winnings).
Fifth Cause of Action – Intentional Infliction of Emotional Distress
Sixth Cause of Action – Unfair Business Practices
Seventh Cause of Action – Fraud (Excapsa promised “fair and honest” poker games, while intentionally cheating the players).
Eight Cause of Action – Negligence (Excapsa promised “fair and honest” poker games, but failed to properly protect its players).
What the plaintiffs are seeking falls into two categories, monetary relief and equitable relief. The monetary relief is broken down into five parts: compensatory damages, triple damages (because it’s a RICO case), full restitution, punitive damages of not less than $10 million, and attorney fees. With equitable relief, the court orders the defendant to do or to not do something. In this case, the plaintiffs are requesting “an accounting of all benefits, consideration, and profits received, directly or indirectly, including, but not limited to, the imposition of constructive trusts with tracing” as well as “any restrictions that may be appropriate on the future conduct or activities of any person or organization as justice may require.”
At the heart of the lawsuit is the plaintiffs’ desire to regain money lost, though they likely know that even should they win, the odds of receiving much of anything is slim. In the complaint, they state another reasons for the suit, essentially wishing for the entire truth to simply be revealed:
“Plaintiff’s [sic] bring this action, among other things, to vindicate their right to discover how they were cheated and by whom, and to receive compensation for their injuries.”
The complaint added, “…plaintiffs have been forced to bring this action so that an impartial tribunal – not the perpetrators of the fraud – can determine the facts as well as the damage plaintiffs suffered.”
