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Thread: Aruba Poker Players Championship likely a ponzi scheme -- owners Bryan Oulton and Sandy Swarzbaugh are non-responsive

  1. #21
    Flushdraw has now obtained several court documents associated with the case, including the proper list of counts brought in the civil case against each of the defendants. Initial reports summed up the allegations as “fraud, misrepresentation, conversion of money/property, negligence, breach of promise, violation of consumer protection act, unjust enrichment, and fraudulent conveyance.” Six separate defendants, either individuals or corporate entities, were named, with additional “John Doe” defendants allowing for room for additional persons or businesses to be added at a later date.
    http://www.flushdraw.net/news/more-d...nings-lawsuit/

     
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  2. #22
    King of Lost Wages LarryLaffer's Avatar
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    Quote Originally Posted by Shizzmoney View Post
    Flushdraw has now obtained several court documents associated with the case, including the proper list of counts brought in the civil case against each of the defendants. Initial reports summed up the allegations as “fraud, misrepresentation, conversion of money/property, negligence, breach of promise, violation of consumer protection act, unjust enrichment, and fraudulent conveyance.” Six separate defendants, either individuals or corporate entities, were named, with additional “John Doe” defendants allowing for room for additional persons or businesses to be added at a later date.
    http://www.flushdraw.net/news/more-d...nings-lawsuit/

    interesting that they're using Uncle RICO in a civil suit.

    I didn't know I could sue someone for violating the RICO act, without having actually been convicted of any RICO predicates.

    Am i missing something? Have these guys been convicted of any criminal doings yet? or is this just a civil proceeding from the start.


    also, the RICO thing is a bit far leaning, as it seems to be just these 2 guys involved in the actual scheme, anyone else was an unknowing participant. that doesn't mean ML isn't liable for some negligence, but i fail to see where more than 2 people counts as a RICO predicate, let alone a conspiracy.
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  3. #23
    Quote Originally Posted by Dan Druff View Post
    Quote Originally Posted by Game Protect View Post
    Everyone could check within 20 minutes that you have to report the export of more than US $11,000 to the custom in Aruba, that is all.

    The satelites played at casinos in the US had terms and conditions. Check the terms and conditions...

    Was the PPC a "satelite only" live tournament or were players able to pay the buy in at the cashier of the casino? Usually the casino who perfom the main event collect the buy ins, announce the prizes and pays the prizes. There might be a liability of the casino in Aruba. Might be worth to check.
    Good point. I wonder if anyone called the casino about this yet and questioned why THEY didn't pay the prize.

    Unless players agreed in advance to allow Bryan and Sandy pay them, I agree this seems like they may be liable.

    I mentioned on radio that the players may also have remedy by complaining to Hilton corporate, as the tournament took place at the Hilton in Palm Beach, Aruba. It's probably a franchise, but corporate can still assert standards and pressure upon it.
    Did meanwhile anyone ask the casino in Aruba, where they played and where they won the prizes, why they did not receive their prizes?

    Franchise: You mean they rent their casino infrastructure to the PPC? I doubt that a live casino license allow such a behaviour. IMO Hilton casino has to pay the prizes, except winners would have given to the casino the order to give their prizes to someone else. But nothing is mentioned about this on 2+2.

  4. #24
    Poker Investigative Journalist
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    Second lawsuit was filed a few days back, this one against Tampa Bay Downs. Link: http://www.flushdraw.net/news/ppc-le...mpa-bay-downs/

    Plaintiffs are the original four from first lawsuit, plus second-place Aruba finisher James Beadnell.

  5. #25
    Gold Kuntmissioner's Avatar
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    Quote Originally Posted by LarryLaffer View Post

    interesting that they're using Uncle RICO in a civil suit.

    I didn't know I could sue someone for violating the RICO act, without having actually been convicted of any RICO predicates.

    Am i missing something? Have these guys been convicted of any criminal doings yet? or is this just a civil proceeding from the start.


    also, the RICO thing is a bit far leaning, as it seems to be just these 2 guys involved in the actual scheme, anyone else was an unknowing participant. that doesn't mean ML isn't liable for some negligence, but i fail to see where more than 2 people counts as a RICO predicate, let alone a conspiracy.
    In layman's terms, suit alleges that the PPC were/are a criminal organization. No previous RICO conviction is necessary to file this suit. Guilt will be decided, then civil penalties assessed or waived.

    Capisce?

  6. #26
    lol, what a disaster.

  7. #27
    Cubic Zirconia
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    I don't have a list of all of the locations where satellite/feeder events were held for this debacle last year, but I noticed North Kansas City was mentioned.

    Different state gaming commissions will have differing levels of interest in this whole thing. I'm certainly not a lawyer, but IMO the players' best shot at getting somewhere is to file suit in one of the Midwestern states where the gaming commissions tend to be a bit more heavy-handed from a regulatory standpoint. Missouri is certainly one of those states.

    Of course I realize that this doesn't directly help the players who won their seats elsewhere, but it could bring some additional pressure to bear on the other locations to make it right.

  8. #28
    Quote Originally Posted by go_buccos View Post
    I don't have a list of all of the locations where satellite/feeder events were held for this debacle last year, but I noticed North Kansas City was mentioned.

    Different state gaming commissions will have differing levels of interest in this whole thing. I'm certainly not a lawyer, but IMO the players' best shot at getting somewhere is to file suit in one of the Midwestern states where the gaming commissions tend to be a bit more heavy-handed from a regulatory standpoint. Missouri is certainly one of those states.

    Of course I realize that this doesn't directly help the players who won their seats elsewhere, but it could bring some additional pressure to bear on the other locations to make it right.
    You suggest to file a lawsuit for the travel expenses they did not receive?

    I would focus on the prizes won in the Hilton casino in Aruba. And for this it does not play any role whether you won the entry thru a satellite or paid the entry fee directly at the cashier of the casino. As soon as the casino give you a place in the tournament, your entry fee is paid. I at least never heard that a casino give you an entry to their live tournament on credit.

  9. #29
    Quote Originally Posted by Game Protect View Post
    Quote Originally Posted by go_buccos View Post
    I don't have a list of all of the locations where satellite/feeder events were held for this debacle last year, but I noticed North Kansas City was mentioned.

    Different state gaming commissions will have differing levels of interest in this whole thing. I'm certainly not a lawyer, but IMO the players' best shot at getting somewhere is to file suit in one of the Midwestern states where the gaming commissions tend to be a bit more heavy-handed from a regulatory standpoint. Missouri is certainly one of those states.

    Of course I realize that this doesn't directly help the players who won their seats elsewhere, but it could bring some additional pressure to bear on the other locations to make it right.
    You suggest to file a lawsuit for the travel expenses they did not receive?

    I would focus on the prizes won in the Hilton casino in Aruba. And for this it does not play any role whether you won the entry thru a satellite or paid the entry fee directly at the cashier of the casino. As soon as the casino give you a place in their live tournament, your entry fee is paid. I at least never heard that a casino give you an entry to their tournament on credit.

  10. #30
    Owner Dan Druff's Avatar
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    Bryan Oulton files for bankrupty: http://www.flushdraw.net/news/ppc-co...cy-protection/

    Most laughable is how the PPC originally got funded through a small business loan from Small Business Owners of America.

    "Small Business Owners of America is here to assist in all aspects of starting, running and funding a business" -- http://sbooa.com

    Actually, unlike most poker-based businesses, the PPC could have been a decent cash cow if managed properly.

    But it wasn't, so here we are.

    Still amazing how people kept playing despite knowing about the slow paying in previous years.

  11. #31
    Owner Dan Druff's Avatar
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    They are trying to get poker tournaments going at the Hilton Aruba again, and are attempting to bribe poker pros to play for free and be the "stars" of the event.

    Name:  aruba-ppc1.jpg
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    The person in "white" is an employee there, working under GM Marc Charley.

    He is attempting to get a female poker pro (not a very well known one) to be the "face" of this event. She isn't gong for it.

    Reportedly the poker room at Hilton Aruba was bought out by the PPC awhile back. It is not clear who owns it now.

  12. #32
    Gold duped_samaritan's Avatar
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    I don't understand. Seems like the messages were between a player and the poker room manager, not the GM.

    Can you share who player is and her response?

  13. #33
    Owner Dan Druff's Avatar
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    Quote Originally Posted by duped_samaritan View Post
    I don't understand. Seems like the messages were between a player and the poker room manager, not the GM.

    Can you share who player is and her response?
    Sorry, I fixed it. It wasn't the GM.

    She was never considering taking this, but was probing for info to share with people like me.

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