Full Text of PokerStars, Lederer and Furst Motions to Dismiss Black Friday Civil Charges

Posted: July 10th, 2012

Howard Lederer Motion to DismissJuly 11th - Updated with links to all motions.

As PokerFuse reported, on July 9th an array of individuals and companies facing civil charges related to Black Friday - including Howard Lederer, Rafe Furst, and PokerStars - filed motions to dismiss said charges.

At the same time, U.S. Attorney Preet Bharara filed several motions to strike outstanding lawsuits against Full Tilt Poker.

While analysis of these motions is beyond the scope of the article, we can provide interested readers with complete, full-text copies (PDF) of the motions as filed on July 9, 2012.  

Howard Lederer's memorandum in support of motion to dismiss.

PokerStars memorandum in support of motion to dismiss

Rafe Furst memorandum in support of motion to dismiss

Preet Bharara memorandum in support of motion to strike: AVOINE - SERVICIO DE CONSULTADORIA E MARKETING, LDA

Preet Bharara memorandum in support of motion to strike: ROBB EVANS OF ROBB EVANS & ASSOCIATES LLC, RECEIVER

Preet Bharara memorandum in support of motion to strike: CARDROOM INTERNATIONAL, LLC

Preet Bharara memorandum in support of motion to strike: THE CLASS OF U.S. RESIDENTS WHO HELD BALANCES IN THE FULL TILT PLAYER ACCOUNTS ON APRIL 15, 2011

The crux of Lederer's defense, as reported by PokerFuse, is twofold.  One, Lederer wasn't involved in defrauding players.  Two, the federal laws invoked in the indictment regarding operation of a gambling business do not apply to Full Tilt Poker.

This looks to be shaping up as an extensive battle that could have significant implications if it all goes to trial.  However, given the stakes involved on all sides, one suspects that all parties are, to use a bit of poker parlance, each representing the absolute top of their range in an attempt to gain as much leverage as possible before heading into out-of-court settlement talks.

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