Poker News

Tiffany Michelle Talks Politics on Fox Business Network

If someone would have asked you who you thought would be a good person to appear on a national news program to discuss politics, we're guessing that UB.com's Tiffany Michelle would have been way down your list.  Sure enough, however, Michelle was Neil Cavuto's guest Tuesday on his Fox Business Network show, "Cavuto," comparing President Barack Obama's persistence with his health care plan to a poker player playing bad cards.

In the five-minute conversation, titled "Obama Making a Bad Bet?" on the Fox Business website, there was no debate on whether the proposed health care reform plan was good; it was simply assumed it was bad and that the majority of Americans are against it.  Cavuto's interview consisted of repeatedly asking Michelle to compare the President's health care efforts to playing poor hands.  For her part, Michelle came off fairly well, indulging Cavuto by using poker metaphor after poker metaphor to describe Obama's health care reform strategy.

Some tidbits:

Neil Cavuto: Taking a look at what the President's doing… a good gambler, I understand, or someone who bets a lot, understands, or thinks, that he or she has a good hand.  Am I right?
Tiffany Michelle: Yeah, generally you have a good hand, or you know if you have a bad hand, how to maneuver with that hand and take advantage of your opponent's weaknesses.

Cavuto: Now, the President, fairly or not Tiffany, is viewed to have a bad hand right now because prior cards he's dealt have turned out to be, you know, threes and fours.  They haven't really worked out.  Yet he continues playing the same hand.  What is the strategy behind that?
Michelle: [Preceding portion of answer snipped] What often happens for some players is you continue to push the issues, you continue to play the bad hands, you continue to get in sticky situations, and what really needs to happen is you need to step away from the table, you need to clear your head.

Tiffany Michelle laid it on thick, inserting poker comparisons at every turn.  Some of her best lines included:

"Here we are, let's say we're deep in the World Series, we're coming close to the bubble, you can taste that final table and the money and it's not looking like it's going to happen."

"Not only did Barack Obama in his first year in office decide to tackle one of the toughest issues in U.S. politics… it would be like me approaching Phil Hellmuth on my first day of my poker game and saying, 'Hey, Phil Hellmuth, you have 11 bracelets.  I want to challenge you heads-up.'"

"Talk about Scott Brown, that was a really bad beat for Barack Obama and the Democrats, who really thought they had a good chip lead there.  You know, they thought they had a lock on this tournament."

Members of the poker community universally panned the interview.  The reactions, however, were split between those who detested the fact that Michelle was chosen as the poker representative and those who simply thought that the interview itself was horrible.

He added, "I thought it was evenly presented, the gambling expert knew as much about gambling as the politics expert new abt politics," as well as, "I think it was more shady that TM passed herself off as a gambling expert with a clue abt politics to promote herself."

"Hollywood" Dave Stann, one of Tiffany Michelle's fellow UB.com pros, was more disgusted with Fox Business, Cavuto, and the interview itself, Tweeting, "WTF FoxNews? Generic gambling terms dissing Obama, then using pro gamblers as pawns 2 back it up? I dodged their invite 2day, thank fuck!"

Summing it up for someone who asked what the interview was all about, Stann tweeted, "fucking Fox presenting right-wing editorial talking points as 'news' then interviewing pros as 'evidence' of Obama ineptitude."

Some of the more entertaining comments on the interview came from the Two Plus Two forums.  Forum poster "TheTruthSpeaks" wrote, "While I was watching it I kept waiting to wake up as this certainly must be a dream or something. I mean surely I didn't really just see Tiffany Michelle on a news channel talking about politics while using horrible poker analogies to do it.  This has got to be the first sign of the Apocalypse."

"Randomness28" may have had two of the best quotes on how ridiculous the interview concept was, first saying, "Funny that the Q is 'How is Obama playing his hand?' .... so they decide to bring in a poker player for analysis. Someone should tell the staff of Cavuto's that 'playing his hand' is just a figure of speech.  Next on Cavuto: 'Are Republicans a move ahead of Democrats in setting up for 2012? We bring in chess GM to discuss this.'"

He later added, "Equivalent of this would be for Fox to pose the Q: How is the Obama administration going to kick off its second term in office? And to bring in a third string kicker of a Junior College to answer the Q."

Judge the Tiffany Michelle Fox Business interview for yourself.

Tiffany Michelle got her start in the poker world in 2006, when she served as an on-air host for the World Series of Poker (WSOP) coverage on Sirius Satellite Radio.  In 2007, she appeared on-camera, hosting various segments and conducting interviews for PokerNews.com.  Michelle officially turned heads the following year when she was the last woman remaining in the WSOP Main Event, eventually bowing out in 17th place and earning $334,534.  She was exposed to a nationwide audience in 2009 when she and fellow poker pro, Maria Ho, competed on the hit CBS show, "The Amazing Race."

Brandon McSmith Claims Rights to Face the Ace

Recently, Poker News Daily reader Brandon McSmith wrote in claiming that Poker PROductions, which brought the NBC poker game show “Face the Ace” to life, took his idea for the series without permission. We sat down with Smith to get his side of the story in the lawsuit, which is currently pending in Nevada.

Poker News Daily: Thanks for writing in. Tell us about your claim against Poker PROductions.

Brandon McSmith: I created a show called the “All Star Poker Challenge.” I pitched it to Poker PROductions, specifically to Mori Eskandani. Mori said to send it over to him and he’d take a look. Subsequently, he rejected the concept, saying that a contestant risking everything to play on was a flawed concept.

PND: How did you find out about “Face the Ace” airing on NBC?

Brandon McSmith: While online, I read about “Face the Ace” and thought it was my show. I saw that Poker PROductions created it, so I contacted them and they responded with their general counsel stating that first and foremost, I contacted the wrong people. They said NBC brought the show to them. We contacted NBC, who said they were in discussions with Poker PROductions and Full Tilt Poker and Full Tilt came up with the concept. This is all documented in letters and e-mails.

Right now, I have a suit pending in the Eighth District Court in Nevada. I have paralegals drawing papers for me. I’m confident that the judge and jury will see that they lied three different times.

PND: How did NBC and Poker PROductions respond when you contacted them?

Brandon McSmith: I have Poker PROductions saying that NBC brought it to them. NBC said Full Tilt brought it to them, but I didn’t name Full Tilt in the lawsuit. Full Tilt tried to act like Big Brother and come in and protect Poker PROductions. They haven’t done anything in court, so I left them out of it. If they assert a claim to it, I’d be happy to ask the judge to amend the complaint to include Full Tilt.

PND: Were there any differences between the “All Star Poker Challenge” and “Face the Ace”?

Brandon McSmith: The prize structure was different. They also had one less door and two fewer matches. I had five doors and five matches, with $2,000 per match. On the fifth match, you’d win $10,000 plus a World Series of Poker (WSOP) Main Event entry. Everything else was the same.

PND: How did you come up with your poker game show idea?

Brandon McSmith: I’m just an Average Joe who plays poker around Las Vegas. One day after playing in Tuscany, a small poker room, I was coming home and thought there was nothing out there like this. I’d love to play in the WSOP Main Event, but can’t afford the $10,000 buy-in. Everything on television is pros versus pros. Out of that, I sat down for an hour or so to hammer out the concept. I pitched it to several people and everyone was nice and loved the concept. Out of all the people I pitched it to, Mori was the only one who stole it.

PND: What damages are you seeking?

Brandon McSmith: I’m seeking fair compensation. Whatever the courts decide, I’m fine with. I think they’ll get hit on punitive damages. The compensatory part is what the show is worth. Once the judge and jury realize that two powerhouses stole the idea, they’re going to inflict a hefty punitive damage award to it.

PND: Did you have a dollar value in mind?

Brandon McSmith: I don’t have a number right now because I don’t know what the show has done. I also don’t know what the agreement is. What is a flop in the United States could be a hit in Europe and I don’t know the scope of their plans. I’m just a regular guy who pitched the show. The “Created By” credit is worth something to me since there would be something I created on television. I have several other concepts and it’d be easier to approach people or be represented by an agent.

We were supposed to go to court on January 4th, but court was shut down that day due to a security incident. Now, we’re waiting for the court to reschedule us.

No Decision Handed Down in Kentucky Internet Gambling Case

The Kentucky Supreme Court failed to hand down a decision on Thursday in the case involving the seizure and potential forfeiture of 141 internet gambling domain names.

The list of sites that could be affected includes PokerStars and Full Tilt Poker. Officials from the Interactive Media Entertainment and Gaming Association (iMEGA) and others involved in the case had anticipated a Thursday release of the Kentucky Supreme Court's decision. However, none was passed down as the day came and went.

A press release distributed by iMEGA on Thursday added that the next time the case could be addressed is late March. iMEGA Chairman Joe Brennan told Poker News Daily what his reaction was to no decision being rendered by the Commonwealth's highest court: “Everyone was surprised in Kentucky. The rumor mill thought the decision was going to be rendered. That could have been why their attorneys acted so quickly at the end of December, so if they got an adverse decision, they could keep it alive.”

No dates for releases of court opinions are listed in February. The next date shown for verdicts to be handed down on the Kentucky Supreme Court's calendar is March 18th. Others include April 22nd, May 20th, June 17th, August 26th, September 23rd, October 21st, November 18th, and December 16th. Twenty pages' worth of decisions were handed down on Thursday in the Frankfort court.

Back in October, oral arguments were heard by the six of the seven justices that comprise the Kentucky Supreme Court. In December, two months after the proceedings occurred, attorneys for the Commonwealth filed a motion to add names to its original complaint. Its counsel explained the reasoning behind identifying more defendants two months after oral arguments transpired: “In the course of the litigation and the Commonwealth’s continuing investigation, the Commonwealth has learned the identity of certain entities and individuals involved in internet gambling operations, some of whom are U.S. citizens.”

The motion called for a hearing in front of Judge Thomas Wingate on January 20th. However, because the motion was never acted on by the Kentucky Supreme Court, no such hearing took place. Wingate upheld the initial seizure order as part of a decision rendered in October 2008. The last-second move by Commonwealth attorneys to add names to the record, to some in the industry, indicated that the Kentucky Supreme Court was readying to hand down a verdict. However, those inclinations ultimately proved to be false.

The case centers on whether domain names, which are housed in the depths of cyberspace, constitute “gambling devices” under Kentucky state law. The two-word phrase traditionally refers to physical objects like roulette wheels and slot machines that you'd find in an underground casino. The domains were allegedly seized without due process back in September 2008. Wingate mandated that the affected sites cease taking customers from Kentucky immediately, else risk losing access to their domain name worldwide.

For now, it appears that the future of domain names like FullTiltPoker.com and PokerStars.com will remain up in the air in the Bluegrass State. Also involved in the case is the Poker Players Alliance (PPA), the industry's 1.2-million member strong lobbying force. The PPA filed an amicus brief to the Kentucky Supreme Court charging that poker is a game of skill and therefore not gambling under state law.

Original estimates pinned a decision in the Kentucky Supreme Court between three and six months after oral arguments took place, or sometime between January and April. Stay tuned to Poker News Daily for the latest on the case.

Everest Poker Announces Live the Dream Team

The online poker site Everest Poker has awarded 10 of its most talented and active players with a $100,000 contract as part of its Live the Dream promotional event in Vienna, Austria. The winners outlasted 190 other hopefuls in a series of live tournaments, cash games, and interviews to lock up a one-year sponsorship contract.

Over 50,000 players participated in the Live the Dream online qualifications from September to December, with 200 making the cut to take part in the final live event on January 9th and 10th. Participants were judged on a series of tests evaluating their live and online poker skill levels and brand ambassador qualities. At the final event, a judging panel comprised of players, press, and poker professionals awarded each finalist points for online poker skills, live poker abilities, ambassador quality, and a newly added criteria of popular voting.

The 10 Live The Dream winners will represent Everest Poker at tournaments all over the world in 2010, including the World Series of Poker (WSOP) Main Event in Las Vegas, and will receive over $30,000 in travel expenses as part of packages totaling $100,000.

Here are the 10 members of the Everest Poker Live the Dream team:

Fabien "SchumyFab" Perrot (France): A financial advisor who switched from cash games to No Limit Hold'em tournaments and had immediate success. Perrot has wins in Everest's largest-ever online guaranteed tournament – the $500,000 Guaranteed – and the $50,000 Guaranteed during Everest Poker’s Winterfest.

Leonard "leoledingo" Truche (France): A former physical education teacher for special needs and disabled children, Leo honed his tournament game and actually qualified for Live the Dream twice via the All-France Live the Dream direct entry. He recently finished third in the Everest Poker $100,000 Guaranteed and has also won the $30,000 and $25,000 Guaranteed tournaments.

Julien "Garrincho54" Claudepierre (France): After graduating with an engineering degree, Claudepierre took a shot at a poker career and can now be found playing as high as $25/$50 No Limit Hold'em cash games on Everest.

Ronny "Spadesman" Pickard (Germany): His dream is to play in the WSOP Main Event. Now, he'll get his chance. Pickard is a banker that spends a good part of his free time playing online poker. He qualified for the Live the Dream Team via the Summit Point Leaderboard.

Tobias "Tobestar11" Wagner (Germany): At 26-years old, Wagner began his poker career online with Everest just two years ago, grinding away at the lowest cash game levels, eventually graduating to higher-stakes ring games and the top of the VIP Summit Club. He is a student majoring in English and Physical Education.

Koen "koendb" de Bakker (Netherlands): Earned his spot on the Live the Dream Team by topping the sit and go leaderboards. Koen travels the poker circuit already and made trips to 10 different international events in 2009. He is also working on completing an Economics degree.

Javier "elflacokanu" Martinez (Spain):  A civil engineering student who put his academics on hold to pursue a poker career. He still plans on finishing his degree within the next few years. Martinez cashed in a WSOP event in 2008 and made the final table of multiple stops on the Spanish Poker Tour.

Sigurd "TheBigViking" Eskeland (Norway): A 23-year-old teacher, Eskeland got some press during the 2008 WSOP Main Event by holding the tournament chip lead on Day 3. He finished 241st for $35,383.

Thomas "DannyMcCoy" Froslev (Denmark): Will graduate with a Financial Economics degree next June, but spends a good majority of his time playing online at Everest Poker. Froslev is primary a cash game player, but looks forward to cutting his teeth on the tournament circuit in 2010.

Viktoria "SexyGirl" Szlasi (Hungary): The only female member of the group, Szlasi gained live poker experience by qualifying for a $1,000 WSOP event in 2009. She has spent two years sharpening her tournament skills on Everest Poker.

Everest’s Live The Dream Winners Announced

Over 50,000 players participated in the Live the Dream online qualifications from Sept. to Dec. 2009 with two hundred making the cut to take part in the final live event at the Palais Auersperg Jan 9-10.

The 200 finalists were then judged through a series of tests evaluating their live and online poker skills and brand ambassador qualities.

Points were awarded for online poker skills, live poker ability, ambassador quality and a popular vote.

The ten winners chosen include Fabien "SchumyFab" Perrot, Leonard "leoledingo" Truche and Julien "Garrincho54" Claudepierre from France, Ronny "Spadesman" Pickard and Tobias "Tobestar11" Wagner from Germany, Koen "koendb" de Bakker from The Netherlands, Javier "elflacokanu" Martinez from Spain, Sigurd "TheBigViking" Eskeland from Norway, Thomas "DannyMcCoy" Froslev from Denmark and Viktoria "SexyGirl" Szlasi from Hungary, the only female winner.

The ten Live The Dream winners will now represent Everest Poker at the biggest tournaments in the world over the next 12 months including the 2010 World Series of Poker Main Event.

Each will receive over $30,000 in travel expenses and buy-in packages totaling $100,000.

Visit PokerListings.com

David Carruthers Gets 33 Months Jail Time in BetOnSports Case

In April, former BetOnSports CEO David Carruthers pled guilty to racketeering charges stemming from his operation of the popular online sports book. He faced up to 33 months in prison and a maximum sentence was handed down on Friday.

U.S. District Court Judge Carol E. Jackson sentenced Carruthers on Friday after he was indicted by a grand jury four years ago, according to an article that appeared in Business Week authored by Bloomberg. In court late last week, Carruthers expressed remorse for his actions: “I understand now that the business was operating outside the laws of the United States. I realize I made the biggest mistake of my life. I am sorry for the actions of BetOnSports and the trouble it caused.” The company purportedly raked in over $1 billion in 2004 alone, with Bloomberg noting that a whopping 98% of wagers came from customers in the United States.

Carruthers had been under house arrest in St. Louis since 2006, but found time to get out and stretch his legs as part of the St. Louis Marathon. BetOnSports had been traded in London on the city’s stock exchange and Bloomberg added that Judge Jackson fined BetOnSports $28.2 million. However, the firm owes creditors in the United Kingdom and would likely not be able to make good on the $28.2 million penalty. Attorney Jeffrey Demerath told the financial news outlet, “We won’t be able to pay the $28 million. We have an obligation under the laws of the United Kingdom to pay the creditors first.”

A bevy of guilty pleas were entered in the BetOnSports case. In August, the company’s founder, Gary Kaplan, pled guilty to violating RICO in a Missouri courtroom. Kaplan received more than four years behind bars for his role in the company as well as a $43 million fine, according to the AFP news service. Assistant U.S. Attorney Steven Holtshouser commented in a press release distributed by the U.S. Department of Justice, “The prosecution and conviction of Carruthers is significant to the government's efforts at enforcement of U.S. laws against offshore Internet and telephone sports wagering businesses, because Carruthers was both a foreign national and a top executive of BetOnSports.” Kaplan was arrested in 2007.

In June, Neil Scott Kaplan, Lori Kaplan-Multz, and Penelope Tucker all entered guilty pleas in front of Judge Jackson in the BetOnSports case. Each agreed to hand over money in Swiss bank accounts, but would not face any jail time. Scott Kaplan and Kaplan-Multz also received time in a halfway house. An article that appeared in the St. Louis Post-Dispatch explained why the trio received significantly lighter sentences than Kaplan and Carruthers: “Assistant U.S. Attorney Steve Holtshouser said the sentences reflect the minimal roles that Neil Kaplan and Kaplan-Multz played, their lack of decision-making power there, and their willingness to surrender their BetOnSports money.”

The USA-facing online poker site Bodog, founded by Calvin Ayre, continues to accept wagers on sporting events. The site is in the midst of the National Football League (NFL) playoffs, which kicked off over the weekend. Carruthers assumed the head role at BetOnSports in 2004 after joining the company in 2000. Both the Internal Revenue Service (IRS) and Federal Bureau of Investigation (FBI) participated in the investigation of the former CEO. Besides Holtshouser, Steven Muchnick and Special Assistant U.S. Attorney Charles Birmingham led the case on behalf of the United States Government.

On Capitol Hill, the Poker Players Alliance (PPA) is carrying the flag for explicitly legal online poker in the United States. Financial services industry compliance with the regulations of the Unlawful Internet Gambling Enforcement Act (UIGEA) was delayed six months to June 1st. The delay came after a November decision by U.S. Treasury Secretary Timothy Geithner and Federal Reserve Chairman Ben Bernanke. Congressman Barney Frank (D-MA) is championing the cause on the Hill with HR 2267, which establishes a full licensing and regulatory framework for internet gambling outfits to solicit U.S. customers. The measure is up to 63 co-sponsors on both sides of the aisle, but would not permit online sports betting.

Stay tuned to Poker News Daily for the latest from the BetOnSports case.

Celebrity Apprentice 3 Cast List Released, No Poker Players

Former Illinois Governor Rod Blagojevich headlines an ensemble “Celebrity Apprentice” cast. The 14 names announced by NBC on Monday do not include any poker players, as first reported by Poker News Daily in October.

Three months ago, the cast was spotted filming the show’s opening credits in the Meat Packing District of New York City. Embattled politician Blagojevich is perhaps the most controversial name on the list. NBC officials tried to land the former Governor for its Costa Rica-based “I’m a Celebrity, Get Me Out of Here,” which aired in June, but legal woes kept him from competing. Instead, Blagojevich’s wife, Patti, appeared on the show. Blagojevich landed in hot water after allegedly trying to sell the Senate seat previously occupied by President Barack Obama.

Also on the new cast is comedian Carol Leifer, who will try to follow in the shoes of “Celebrity Apprentice” Season 2 winner Joan Rivers. The latter defeated UB.com poker pro Annie Duke in the finals last year. Leifer told the Associated Press, "I'm certainly not a household name. I'm not surprised that Joan Rivers won (last season), because, as a standup comic, you're a one-man band — it makes you very prepared for stressful situations to be able to react to a lot of pressure. Humor is a weapon anywhere and everywhere!" Leifer is 20 years younger than Rivers, but her television writing resume includes hits like “Seinfeld,” “The Larry Sanders Show,” and “Saturday Night Live.”

Poison hasn’t released an album since 2007, but that hasn’t stopped Bret Michaels from becoming a household name. The band’s lead singer will appear on the upcoming season of “Celebrity Apprentice” and currently can be found on the VH1 reality series “Rock of Love.” Joining him on the all-male team dubbed “Rocksolid” is Bill Goldberg, former World Heavyweight Champion of WWE and WCW. The former NFL player was last seen in a WWE ring six years ago during WrestleMania XX, when he squared off against Brock Lesnar. Goldberg told the Associated Press that he plans to keep his fiery edge in the boardroom with show host and real estate mogul Donald Trump: "I know I'm going to explode during this show at some point and say things I probably don't mean."

Another embattled celebrity to join the cast of the NBC reality show’s third cycle is Darryl Strawberry. The former New York Met, who dealt with child support non-payments, prostitution, probation violations, and drug use following his baseball career, is now 47 and will look to right the ship on “Celebrity Apprentice.” Competing opposite Strawberry will be “America’s Got Talent” judge Sharon Osbourne, whose fellow judge on the show, Piers Morgan, won the original installment of “Celebrity Apprentice” in 2008.

Last time out, Rivers defeated Duke amid a tidal wave of name-calling, including numerous references to Hitler. Rivers’ onslaught included such memorable lines as, “You’re a poker player. A poker player! That’s beyond white trash. Poker players are trash,” and, “You have a Nazi and a follower. I don’t work with scum.” Duke then fired back, telling “Celebrity Apprentice” cameras, “Joan is completely full of shit in everything she does. There’s a reason she got fired by the TV Guide Channel: She’s a bitch.”

For the most part, the poker world rallied behind one of their own and Duke raised a colossal $731,000 for Refugees International. However, Rivers, who was playing for God’s Love We Deliver, took down the title of “Celebrity Apprentice” and earned $526,000 for charity. Others who appeared on the show’s second installment with Rivers and Duke included Heisman Trophy winner Herschel Walker, country music star Clint Black, reality star Khloe Kardashian, and comedian Tom Green.

Here’s the complete cast list for the third season of “Celebrity Apprentice:”

Rocksolid: Rod Blagojevich, Darryl Strawberry. Curtis Stone, Sinbad, Bret Michaels, Bill Goldberg, Michael Johnson

Tenacity: Sharon Osbourne, Cyndi Lauper, Summer Sanders, Holly Robinson Peete, Maria Kanellis, Carol Leifer, Selita Ebanks

The new season of “Celebrity Apprentice” kicks off on March 14th on NBC.

Poker News in Brief: Dec. 28-Jan. 2, 2010

Essentially it was pretty quiet in the poker world.

Despite the lack of news there were still a few stories that didn’t make the front page and as part of our ongoing Poker News in Brief feature we’ve compiled them below.

This week we’ll take a look at a rising online star, UB.com making a deal with an NHL team, a huge payout on the International Poker Network and more.

UB.net Signs Deal With Calgary Flames

UB.net is getting put on ice.

The company announced this week it has inked a deal with the NHL’s Calgary Flames that will see the UB.net logo displayed on Pengrowth Saddledome’s boards throughout the month of January.

A tilt with the Toronto Maple Leafs on Jan. 2, 2010, will mark the debut of the advertisement for the free poker site.

To celebrate the Calgary collaboration, UB.net is giving away four pairs of tickets to the Flames and Ottawa Senators’ game on March 11.

To qualify players can participate in one of the eight daily UB.net online satellite tournaments with the top 100 players from each qualifier winning a seat into the Sunday main event scheduled for 15:00 ET.

Each main event will award two tickets to the Flames and Senators and $1,000 cash for travel expenses.

The promotion is open to Canadian and U.S. players. Check the UB.com website for more information.

XBLINK Closes In On $1 Million

In the spirit of Isildur1 and Martonas, UB.com has its own run-up story in the form of online player XBLINK.

According to PokerListings’ Online Poker Stars section XBLINK has made $741,864 playing No-Limit Hold’em in the past two months and consistently ranks in the top 10 biggest pots on UB.com.

What’s even more impressive is that TwoPlusTwo forum member 89blist outed himself as the aforementioned XBLINK and said it all started with an $11 tournament for the last of his bankroll.

XBLINK said he won the tournament and then went on the mother of all heaters, complete with some questionable bankroll decisions. He's no Martonas or Isildur1 but poker fans are starting to take notice.

SC Attorney General Appeals Poker Case

South Carolina Attorney General Henry McMaster has launched an appeal against a Judge’s decision to overturn a conviction of five Mount Pleasant poker players.

The incident occurred back in 2006, when the five players were arrested for taking part in a home game.

Circuit Judge R. Markley Dennis threw out the case saying that Hold’em in a private residence does not violate the state’s gambling laws. He went on to say that poker was clearly a skill game.

Now McMaster says that it’s irrelevant whether skill or luck is involved and that it was the legislature’s goal to ban all gaming for any amount of money in designated locations.

No timetable has been set for when the case will be heard.

IPN Awards €507,144 Jackpot

The International Poker Network, which is home to BetClic and PokerHeaven, awarded a €507,144 bad beat jackpot this week.

Online player 72osRocks! Saw his quad kings get cracked by Nogis22’s Royal Flush, which was enough to earn the entire table a huge payday.

72osRocks earned €177,500, Nogis22 picked up €88,750 while the other three players at the table each pocketed €29,583.

Despite the recent payout, the bad beat jackpot on BetClic and IPN is already back up to €146,469 as of mid-week. For more information check the BetClic website.

Visit PokerListings.com

Dusty Schmidt (Leatherass) Plays Online Poker for Charity in Portland

Poker player Dusty “Leatherass” Schmidt, known for his spat against the United States Golf Association (USGA), played 30 hours of online poker in Portland, donating $21,000 to Transition Projects as part of “Playing it Forward.”

According to The Oregonian, the proceeds will fund six months’ worth of rent, basic supplies, and even furniture for three homeless people in the Portland area. He dragged his arsenal of laptops outside in the cold for a portion of his campaign, attracting the attention of passersby and the media alike. Schmidt told Poker News Daily, “The idea was to play for 30 or 40 hours. A lot also depended on how I was doing. I went out there four times and didn't get to play for more than a few hours each day because the batteries on my computers drained. I ended up bringing a few laptops as a result.”

Ground zero for Schmidt was O’Bryant Square at Southwest Washington Street and Park Avenue, where he noted that, due to the cold, his computer batteries did not hold up. On the first day, he was at empty within a few hours. On the second day, Schmidt said he was able to play for five hours. Despite the elements, Schmidt told Poker News Daily that he was happy to give back to the community: “I do quite a bit of philanthropic stuff in Portland. This was the first one where it made sense to draw a little bit of attention to it.”

The Oregonian explained the origins of Schmidt’s Playing it Forward campaign: “The 2000 movie ‘Pay it Forward,’ in which a boy comes up with the idea to do something kind to three people, who each have to pay forward the favor to another three people, had always stuck in his head.” The poker player and golfer told us that he’s received more than 100 e-mails in recent days during the holiday season from people who have paid it forward to others. Schmidt relayed, “I know there could have potentially been thousands of people affected.”

Another inspiration for Playing it Forward was Schmidt’s daughter, Lennon, named after Beatles great John Lennon. Schmidt told Poker News Daily what the correlation was between the rock legend and helping those in need as the calendar year ticks over to 2010: “John Lennon was a lot of the inspiration for me doing this. If John Lennon were a poker player, I could see him doing something like playing in the streets.”

As it stands, Schmidt lost his amateur status after a prop bet involving poker and golf landed him in hot water with the USGA. He’ll be eligible to return in mid-2010 and, in the meantime, has ramped up his poker game. Despite his lofty goals, several comments left on The Oregonian’s website were critical of Schmidt’s efforts. One poster, “cheez_wiz,” noted, “That's nice of him but isn't online poker illegal?” Others critiqued the charity that benefited from Schmidt’s efforts: “Giving money to TPI, Inc. is like throwing it away. Not one homeless person will ever see one penny of that money.”

The $1 million prop bet consisted of 72 holes of golf plus 10 heads-up poker matches. In July, the U.S. District Court in Portland heard his appeal after Schmidt lost his amateur status. No one took Schmidt up on his challenge, but he promptly dropped his lawsuit. According to Schmidt, a judge “equated it to a church excommunicating a member unfairly and there not necessarily being a legal remedy under which a judge can force the church to reinstate that member.”

According to the USGA’s website, actions that would cause amateur golfers to become professionals include “accepting the position of a professional golfer,” receiving services from an agent, entering into a sponsorship agreement, and “agreeing to accept payment or compensation, directly or indirectly, for allowing his name or likeness as a player of golf skill or reputation to be used for any commercial purpose.” USGA rules specifically forbid certain forms of gambling and golfers are advised to consult with the organization for clarification.

South Carolina Attorney General Appeals Poker Skill Game Ruling

The fight for five poker players in South Carolina is far from over. According to the Associated Press, the state’s Attorney General will appeal the October ruling that Texas Hold’em, the world’s premier poker genre, is a skill game.

It’s a familiar debate as the poker industry enters 2010. Is Texas Hold’em a game of skill or is it ultimately determined by chance? South Carolina Attorney General Henry McMaster filed an appeal with the state’s Supreme Court, the Associated Press explained on Thursday: “McMaster's appeal says he doesn't think whether there is skill or just chance involved has anything to do with lawmakers' attempt to ban gambling. The attorney general skipped the Court of Appeals and filed with the state Supreme Court, saying the question deals with the constitution's wording on gambling.”

Five poker players were charged in Mount Pleasant, South Carolina back in 2006. According to the favorable ruling by Judge Markley Dennis in October, the buy-ins for a weekly home game in the South Carolina town varied between $5 and $20. The small blind was $0.25 and the big blind was $0.50, with pots ranging between $5 and $10. Fifty cents was taken from several pots in order to provide food and drink for players, but the “house” did not profit from the game.

The game got ugly on April 12th, 2006, when police officers raided it and began arresting participants on the grounds that they were playing in a “house used as a place of gambling.” The defendants, under the guidance of the Poker Players Alliance (PPA), argued that poker is a game of skill, not chance, and therefore did not constitute illegal gambling. The trial court heard the case in February, which featured World Poker Tour (WPT) host Mike Sexton recap hands played on the roving tournament series to demonstrate poker’s skill component.

Dr. Robert Hannum was also brought in to testify last February. The October ruling explains, “Dr. Hannum also testified that a statistical analysis of professional poker players demonstrated that past performance was a reliable indicator of future success, establishing that the skill of the player was the predominant factor in determining wins and losses.” The lower court ruled that poker was a game of skill. However, because South Carolina’s laws were vague on whether that mattered, the five defendants were found guilty.

An appeal was filed, setting up October’s ruling. Judge Dennis candidly explained, “This Court agrees with Appellants that the South Carolina Supreme Court, if faced with the question, would adopt the dominant factor test for the purpose of defining gambling.” He added, “It should also be noted that the South Carolina Attorney General has consistently applied the dominant factor test when providing opinions about whether certain activities are legal.”

Judge Dennis harped on the overwhelmingly broad nature of South Carolina’s gambling statute, which could be construed to mean that nearly any game played with cards or dice is illegal. Judge Dennis specifically called out Bunco, Go Fish, and Solitaire as possible infractions of state law, saying, “Simply put, [the law], as written, has the potential to make criminals of virtually every man, woman, and child in the state of South Carolina.” Twenty of the original defendants pled guilty to gambling charges, while five fought against the state.

According to the Charleston Post and Courier newspaper, the filing by the Attorney General was 57 pages long and McMaster is a Republican candidate for Governor. The Courier revealed, “No timetable has been set on when the case will be heard, and more rounds of legal filings are expected. The legislature is expected to take up a bill legalizing social card games next year.”

Poker2Nite Welcomes CardPlayer Player of the Year Eric Baldwin (basebaldy)

Poker players traveling home on Sunday night could finally catch the latest episode of the Fox Sports Net poker news show “Poker2Nite,” sponsored by UB.com. Poker News Daily fired up our DVR to watch last week’s installment.

Coverage of the World Poker Tour’s (WPT) Doyle Brunson Five Diamond World Poker Classic kicked off “Poker2Nite,” featuring interviews with Faraz “The-Toilet” Jaka, Scotty Nguyen, Josh Arieh, and eventual champion Daniel Alaei. The latter earned $1.4 million for his victory, but “Poker2Nite” focused on the allegedly inappropriate behavior of Nguyen.

In a hand where Chad “lilholdem954” Batista was eliminated after not hearing an all-in and a call before he acted because he had headphones on, Nguyen began to laugh. According to Jaka, Nguyen “laugh[ed] in his face,” but the former Expekt Poker pro defended himself: “He’s the one who made the mistake, not me. I laugh because he say all-in, but I didn’t know that he didn’t know.” “Poker2Nite” host Joe Sebok responded, “I’m not buying this from Scotty anymore. He’s out of line.” Nguyen famously berated Rio floor staff and fellow players on national television during the 2008 World Series of Poker’s (WSOP) $50,000 HORSE Championship.

Eric “basebaldy” Baldwin, the winner of the 2009 CardPlayer Player of the Year title, then joined the show. On whether luck or skill played a bigger part in his run during the calendar year, Baldwin told Sebok and “Poker2Nite” co-host Scott Huff, “Obviously, I ran above expectations, but you have to play well and have luck on your side.” Down the stretch, Baldwin admitted that he focused on the factors he could control: “I tried my best not to look at what the people behind me were doing because it’s not going to help me play my hand better.”

Baldwin inked a sponsorship agreement with UB.com last week and explained that his strengths include being a good judge of people, he takes a situation for what it is, and he is able to adapt with ease. On the importance of the latter trait, Baldwin remarked, “Adaptability is just huge in poker. The game has evolved so much and you have to stay on top of it and continue trying to learn.” Baldwin won a $1,500 buy-in No Limit Hold’em event during the 2009 WSOP for his first bracelet. A week later, he took third in the $10,000 buy-in World Championship of Pot Limit Hold’em. The two cashes were worth $780,000 combined.

A segment called “All-In Blind” pitted Sebok and Huff against each other in a debate over three unknown news topics. The first focused on Darvin Moon’s tournament series at the Wheeling Island Casino. The second dealt with the 2010 WSOP schedule, which was released in recent days. The final banter was whether Isildur1 or the XFL represented the bigger flash in the pan. After being taken for more than $4 million by Brian Hastings, Isildur1 has largely disappeared.

Dana Workman doled out the “Weekly Misdeal,” offering a satirical look at the biggest poker news headlines of the week. Then, attention turned to a variety of pros shaving their heads in support of Thuy Doan, who is in the midst of a health care crisis resulting from her battle with cancer. Those who went bald included Eli Elezra, Doyle Brunson, Tom “durrrr” Dwan, Sorel “Imper1um” Mizzi, and Doan’s boyfriend. Huff summed up the segment by saying, “We are all proud of you, Thuy.”

“Poker2Nite” airs on Wednesday nights at 11:00pm ET on Fox Sports Net. Because the show is often pre-empted for local sports and other programming, check your local listings for more information.

TwoPlusTwo Sues Dutch Boyd

World Series of Poker (WSOP) bracelet winner Russell “Dutch” Boyd may be best known for his career as a professional poker player, but he has also supplemented his income over the years by cyber-speculating, registering a number of poker-related domain names and making money off the traffic that goes to those sites.  Boyd’s side job appears to have gotten him in hot water, as the owners and operators of TwoPlusTwo Publishing have filed a suit over his ownership of the domain name TwoPlusTwoPoker.com.

The Las Vegas Sun broke news of the suit earlier this month.  The Sun story said TwoPlusTwo Publishing accused Boyd of cyber-squatting on the domain and considered it to be an instance of trademark infringement.  Within the article, Boyd commented on the legal action, noting, “It is never fun to be sued, especially by someone you look up to and respect professionally.''  Boyd had choice words for TwoPlusTwo owner Mason Malmouth in particular, whom he accused of bullying.  Boyd was not the only alleged cyber-squatter sued by the publishing company.  A lawsuit was filed against Anthony Scocozza, who purchased a similar domain name at the beginning of the year.  Boyd originally purchased his URL in July of 2004, but has since transferred ownership of the site over to the publishing group.

The article in the Sun proved to just be the beginning of the story though and the drama continued, appropriately enough, on the TwoPlusTwo Poker Forums.  Boyd responded to a thread linked to the article and offered his side of the story, stating that he regretted registering the domain name in the first place, but confirmed that the ownership of the domain name was transferred over to Greenberg Traurig, the law firm representing the interests of TwoPlusTwo.

A week later, Malmouth posted a thorough explanation of why the company filed suit, including scans of two cease and desist letters sent to Boyd by Greenberg Traurig on behalf of the company.  Malmouth also offered an explanation as to why TwoPlusTwo did not drop the suit since they now have control over the domain name in question: “Due to the length of time the registration was owned by Mr. Boyd, and his blatant infringement, we informed Boyd that the expiration of the TwoPlusTwoPoker.com would not resolve the dispute. At the very least, we needed to know exactly how much revenue the domain name and website had generated and how much traffic the site received.”

Malmouth went on to report that their representation repeatedly tried to settle out of court with Boyd, but the two parties were unable to come anywhere close to an agreement.  According to Malmouth, a final e-mail from his attorneys to Boyd letting him know they were left with no choice but to file suit was met with a terse response of “F*** Off.”

Under the Uniform Domain Name Dispute Resolution Policy (UDRP), registrants cannot register any domain names that infringe upon the rights of a third party.   More specifically, the URL cannot be identical or similar to a pre-existing trademark and the registrant cannot use that domain name in bad faith.  Boyd responded in the thread, posting an excerpt of trademark law that suggests because TwoPlusTwo did not meet the notice requirement necessary in order to obtain profits or damages.  Moreover, Boyd asserted that the site earned no more than $200 in profits during the five years it was under his ownership.

This is not the first time Boyd’s purchase of domain names has landed him in the spotlight.  In October of 2008, Boyd went to arbitration with online poker room PokerHost over his use of the website, PokerHost.net.  Boyd registered that URL in 2004 and PokerHost alleged his usage of the site was in violation of UDRP since the company obtained the URL PokerHost.com two years prior.  However, because the online site did not launch its gaming services until after Boyd registered the domain name, the judge arbitrating the case ruled in favor of Boyd, saying the term was a generic domain name at time of registration and not a pre-existing trademark.

New Defendants in Kentucky Internet Gambling Case Remain Unknown

Following a chain of e-mails sent last week by attorneys for the Commonwealth of Kentucky, the names of additional defendants in the state’s legal action against the owners of 141 internet gambling domain names remain a mystery.

In October, the Kentucky Supreme Court heard the case, which pits industry organizations like the Interactive Media Entertainment and Gaming Association (iMEGA) and the Interactive Gaming Council (IGC) against the Kentucky Justice and Public Safety Cabinet, led by Secretary J. Michael Brown. Despite a ruling by the state’s highest judicial body potentially being handed down any day now, Kentucky attorneys filed a motion to add parties to its complaint last week. How the latest filing will affect the Kentucky Supreme Court’s decision, if at all, remains unknown. The additional parties in question were U.S. citizens and companies engaged in internet gambling.

When lawyers for iMEGA tried to obtain a list of the additional names, counsel for the Commonwealth turned them down. iMEGA Chairman Joe Brennan told Poker News Daily, “They've basically said that they don't recognize our standing. They're just ignoring what happened in the Court of Appeals, which confirmed our standing.” In a chain of e-mails between opposing attorneys available on iMEGA’s website, William Hurt of Kentucky counsel Hurt, Crosbie, and May states, “I do not believe anyone has standing to file a response or motion to strike.”

Brennan lashed out at the State’s attorneys, who are purportedly working on a contingency basis, as part of a press release sent on Monday: “They were counting on a big payday from our members in the form of settlements to get their own property back, but it doesn’t look like that’s going to happen. Since they don’t get one nickel from the state to pursue this, it’s clear that the drive for big money has taken over and any sense of fair play or due process has gone out the window.”

The 141 internet gambling domain names in question include those belonging to online poker giants like PokerStars and Full Tilt Poker. If the Commonwealth of Kentucky were successful, these domains would be inaccessible not just in the southern state, but also around the world. The domains were seized back in September of 2008 on the grounds that they constituted “gambling devices,” a term that traditionally refers to tangible objects like slot machines and roulette wheels that you’d find in an underground casino.

In January, the Kentucky Court of Appeals ruled by a two-to-one margin that the Commonwealth did not have jurisdiction to act, setting up an appeal by the State to its Supreme Court. iMEGA attorney Jon Fleischaker noted in an e-mail, “The Court of Appeals ruled that we had standing in this case, and by implication, a right to intervene. I believe the Supreme Court is likely to rule the same thing.” Hurt retorted that the State would “object to anything that you file, but will nonetheless continue to send you notice.”

Brennan told Poker News Daily that Circuit Court judge Thomas Wingate did not act on the motion to add names filed by Kentucky’s attorneys last week and the next day that it can be considered is January 21st. The motion calls for a hearing on January 20th in front of Judge Wingate, although its future appears to be in doubt. Judge Wingate upheld the State’s actions as part of an October 2008 decision.

The Kentucky Supreme Court has given no indication as to when it will hand down a ruling. As it currently stands, the Kentucky Supreme Court does not have any oral arguments scheduled on its calendar until January 13th. However, Brennan expected a decision from the Kentucky Supreme Court to be issued in January.

Tiffany Michelle Breaks Down Survivor After-Party

UB.com pro Tiffany Michelle, who appeared on the 15th cycle of the CBS reality series “Amazing Race,” partied with the cast of “Survivor: Samoa” following the show’s season finale over the weekend.

The two-hour “Survivor” season finale and one-hour reunion show aired on Sunday night on CBS, the same network that carries “Amazing Race.” The episode featured three tribal councils, including the final one that saw Natalie White, Russell Hantz, and Mick Trimming plead their case for the $1 million first place prize in front of the nine-man jury. Ultimately, White emerged victorious. Michelle told Poker News Daily, “I learned all about the villain Russell. Was I surprised? I don’t know. I felt like there were so many good speeches at the final tribal council. I think [Erik Cardona’s] speech really hit home and I had a feeling that Natalie was probably going to win even though it’s hard to judge.”

White claimed seven of the nine jury votes and Hantz received the other two despite serving as the strategic mastermind of this season of “Survivor.” Hantz, however, won $100,000 from a fan vote and may compete on the upcoming “Heroes Versus Villains” cycle of “Survivor.” On Hantz’s strategy, Michelle noted, “From doing reality television, when $1 million is on the line, you get stuff done. When you have $1 million there for the taking, you’ll see how creative you can be. Russell will go down as being one of the fan favorites.”

Present at the “Survivor” viewing party with Michelle on Sunday night were “Amazing Race” teams Meghan and Cheyne, Sam and Dan, and Tammy and Victor, who won the show’s 14th season. The after-party took place at the Renaissance Hotel in Hollywood, with personalities from reality series like “Big Brother” and “The Bachelorette” in attendance. Michelle painted a picture of the scene at the California hotel: “Russell was pretty pissed. Once he got a few drinks in him, though, he was okay. I think he banked on winning. Shambo was getting down on the dance floor and so was Dave [Ball].” Michelle added that while “Survivor” contestants usually wind up disliking each other after each season ends, “Amazing Race” cast members become friends for life.

Michelle has come a long way since the days of the “French fry incident” during the 2008 World Series of Poker (WSOP) Main Event. Now a sponsored pro of UB.com, Michelle explained how the public’s perception of her has changed over the last year and a half: “It’s always flattering when someone comes up to you and says, ‘I love your race.’ I didn’t really do anything differently than just be myself. I’m getting used to it. Poker is a steppingstone to me being in the public eye and hopefully I got the bad stuff out of the way. Luckily, I’m getting a lot more love now.” Michelle was also a former reporter for PokerNews.com.

On Tuesday, Eric “basebaldy” Baldwin signed with UB.com, joining Michelle and others such as Annie Duke, Phil Hellmuth, Billy “Patrolman35” Kopp, and Adam “Roothlus” Levy. The crew filmed videos for the website in recent days and Michelle discussed the online poker site’s latest addition: “I like where UB is going with the new branding and doing something different than the other sites. It’s a bunch of guys and me and I really like the young vibe that they have. Some of these guys are well on their way to having really good poker careers. UB is tapping into the younger generation of poker players.” UB.com makes its home on the CEREUS Network alongside its sister site, Absolute Poker. Both accept players from the United States.

We’d like to extend a special thank you to Michelle for lending her insight for this article.

Full Tilt Poker Bot Lawsuit Focuses on Attorney Background

While several litigations against Full Tilt Poker appear to be resolved or dead in the water, the online poker room is still not in the clear when it comes to a lawsuit accusing the site of unfairly seizing player funds, using bots on the site, and racketeering.

Poker News Daily first reported the story of Lary “pokergirl z” Kennedy in early October.  The gist of her rather complicated case is that Kennedy was accused of using a bot by another player on the site who was also a frequent poster in the TwoPlusTwo poker forum.  As a result of those accusations and Kennedy’s own admittance that she used another player’s account when her own screen name wasn’t eliciting enough action, the site seized the funds in her account, which amounted to just over $80,000.

After a long period of communication with Full Tilt, Kennedy decided that her best course of action was to file suit against not only the company, but also several individuals involved with Full Tilt, including Raymond Bitar, Howard Lederer, Andy Bloch, John Juanda, Chris Ferguson, Perry Friedman, and Patrik Antonius, just to name a few.  While the crux of the complaint centers on Kennedy’s alleged mistreatment by the site, it also levels numerous charges against two companies involved with Full Tilt, Vert Enterprises and Tiltware.  The charges in the suit include fraud, libel, slander, false advertising, and somewhat surprisingly, racketeering.

The invocation of the Racketeer-Influenced Corrupt Organizations (RICO) Act stemmed from what Kennedy and co-plaintiff Greg Omotoy claimed were hundreds of illegal gambling transactions.  While most typically associate the RICO Act with mobsters and gangs, it is actually common when it comes to civil suits, as those affected by RICO are able to receive three times the amount of damages they would otherwise have gotten.

Nonetheless, the accusations, which include claims that Ferguson and Bloch created and implemented bots used on the Full Tilt site, has raised a few eyebrows regarding its legal merit.  Full Tilt, which is notorious for keeping mum in legal situations, spoke out against the suit, calling it “baseless” and “frivolous.”

Kennedy’s official website documenting the case shows no new information as of late and most of the attention following the announcement of the suit has been directed at her counsel, Cyrus Sanai.  The UCLA Law School graduate has been in the news before for another internet-related matter, a case involving California Judge Alex Kosinski.  In mid-2008, Sanai uncovered a number of lewd photographs on the sub-directory of a personal website belonging to Kosinski and filed a disciplinary complaint against the judge, who was in the midst of a high-profile pornography trial.  Some legal blogs like Overlawyered and Patterico have suggested that Sanai has a less-than-stellar reputation in some corners of the California legal community.

When Pokerati posted a story chronicling some of Sanai’s actions over the past couple of years, a commenter purporting to be Sanai posted rebuttals to the criticisms and directed the focus back to the case itself.  The comments stated that he tried repeatedly to resolve the matter with Full Tilt representatives and even sat down for a mediation session that failed to produce any results.  Within the comments, Sanai also expressed interest in learning more about other cases in which the site seized customer funds.

These sentiments are echoed on Kennedy’s personal site as well, which encourages anyone with a similar story to contact Sanai, who would consider taking on new clients on a contingency basis.

Kentucky Attorneys File Motion to Amend Internet Gambling Complaint

In a rather bizarre twist in the Kentucky internet gambling case, Commonwealth attorneys filed a motion on Wednesday to add parties to its case and amend its original complaint. In late October, the Kentucky Supreme Court heard the case.

Now, a hearing is scheduled for January 20th in Frankfort, Kentucky in front of Judge Thomas Wingate, the Circuit Court magistrate who heard the matter originally in late 2008. The case was brought last year against the owners of 141 internet gambling domain names on the grounds that the URLs constituted “gambling devices,” a term typically reserved for tangible items like slot machines, roulette wheels, and dice that you’d find in an underground casino. The Kentucky Supreme Court has not yet issued a ruling in the case.

After reiterating its complaint against the domain name owners, Kentucky’s attorneys explained, “In the course of the litigation and the Commonwealth’s continuing investigation, the Commonwealth has learned the identity of certain entities and individuals involved in internet gambling operations, some of whom are U.S. citizens.” Who this refers to is not yet known, as the Commonwealth has not yet released the names of companies or people to the general public or to counsel for the Interactive Media Entertainment and Gaming Association (iMEGA). Also unknown is whether the new targets are Kentucky residents.

The motion also hinted that further litigation could develop down the road: “The Commonwealth contemplates that further amendments will be sought as its investigation and discovery in this litigation continue.” Kentucky Justice and Public Safety Cabinet Secretary J. Michael Brown heads the case against the domain names in question, which were seized in September of 2008 allegedly without due process. Wingate ruled in favor of the Commonwealth’s actions, prompting iMEGA and several other parties to seek the intervention of the Kentucky Court of Appeals.

In January, the Kentucky Court of Appeals ruled by a two to one margin that the domain names did not constitute gambling devices and, therefore, the Commonwealth did not have jurisdiction to act. The lone dissenting judge noted that domain names were part of a larger gambling device. It remains to be seen what will occur during the January 20th hearing, which is slated for 9:00am ET. Eric Lycan of Hurt, Crosbie, and May in Lexington, Kentucky sign Wednesday’s letter.

Others involved with the fight for internet gambling in Kentucky besides iMEGA include the Interactive Gaming Council (IGC), Poker Players Alliance (PPA), American Civil Liberties Union (ACLU), the Center for Democracy and Technology, the Electronic Frontier Foundation, the Internet Commerce Association, eBay, and Network Solutions. Original estimates pinned a Kentucky Supreme Court decision within three to six months of the October hearing, although the latest motion filed by Commonwealth attorneys may affect that timeline.

In November, Churchill Downs Incorporated, the parent company of the racetrack of the same name in Louisville, Kentucky, purchased the online horse racing wagering site YouBet.com. A market analyst told Reuters at the time, "Given the combination of Youbet's ADW platform with Churchill Downs-owned TwinSpires, which has been the fastest growing ADW this year, they will have 50 percent of the U.S. market and the best brand in horse racing.” Churchill Downs Incorporated owns TwinSpires.com; the site was not among the 141 internet gambling domain names targeted by Commonwealth attorneys.

YouBet.com is traded on the NASDAQ Stock Exchange under the symbol “UBET,” while Churchill Downs Incorporated can be found on the same exchange under the symbol “CHDN.”

Stay tuned to Poker News Daily for the latest developments in the Kentucky internet gambling case.

Vanessa Rousso Discusses Big Slick Boot Camp, Televised Poker

It has been quite a year for Vanessa Rousso. From her stunning performance in the National Heads-Up Poker Championship in March, where she finished second to Huck Seed, to television and magazine gigs, to running her own poker training camp called the Big Slick Boot Camp, Rousso has been at the pinnacle of the poker world. Poker News Daily recently had a chance to catch up with the globe-trotting Rousso and learn about many of the current aspects of her life, both on and off the felt.

Poker News Daily: What does the Big Slick Boot Camp give its participants that other poker training camps don't provide?

Rousso: What we try to do with the Big Slick Boot Camp is tie in concepts from game theory and Sun Tzu’s book “The Art of War” to offer a way for students to combat the game of poker. I personally believe that we give our seminars a truly unique take on poker strategy.

PND: Do you learn from the camps?

Rousso: I absolutely learn from the students in the camp. I love seeing the light bulbs go off in my students' minds when they achieve new levels of understanding about poker.

I feel very passionate about teaching also. Teaching helps me remind myself of some of the poker strategy fundamentals from which I stray over time in an attempt to play creatively, you might say!

PND: What type of player would learn the most from instruction in your training camp?

Rousso: The intermediate player would be the best person to take on the Big Slick Boot Camp. These are players who understand the basic concepts like position and blind-stealing, but have yet to explore some more complex ideas, such the concept of “M” as defined by Dan Harrington in his books.

PND: You have also offered private individual training for players both in the Boot Camp and outside of the course. How valuable is the individual instruction that you offer?

Rousso: I am very proud of the fact that each of my students has expressed great satisfaction with their private coaching experience. I know that one-on-one attention is the most efficient way to improve someone else’s game because I am able to tailor a program to fit their individual needs.

PND: Does the private training go into further depth than what you have time for in the Big Slick Boot Camp?

Rousso: Yes, because then I can evaluate and customize a program to fit an individual’s needs. I encourage my students to shadow me while I play online to see how I execute different strategies. With some of my longer-term students, I have gone into very advanced concepts and moves that have helped them become some of the top players in the game today.

PND: How big for you and your poker career was finishing as the runner-up in the National Heads-Up Poker Championship?

Rousso: Monetarily, the $250,000 prize is only my fifth largest to date, but the sense of accomplishment that I gained after beating a lineup of players that included Doyle Brunson, Phil Ivey, Daniel Negreanu, Paul Wasicka, and Elky head-to-head has been unequaled.

PND: Do your sponsorships with PokerStars and GoDaddy.com put you as a player at ease for tournaments?

Rousso: Having sponsorship income is a bonus for sure, but it doesn’t mean that I no longer feel pressure to perform well in tournaments. In fact, I probably feel added pressure to meet my sponsors’ expectations!

PND: You’ve been on television quite a bit lately. What did you find exciting about participating in the PokerStars Million Dollar Challenge?

Rousso: It was exciting to be part of a poker “game show.” I liked seeing ordinary people being given the chance at the once-in-a-lifetime experience of playing heads-up with celebrities and top poker pros. Of course, the opportunity to win a huge prize is pretty important, too!

PND: You were rumored to be taking over a hosting gig on High Stakes Poker, which turned out to be false. What did you think of that?

Rousso: I was flattered by that, though!

PND: You have a couple of other poker and non-poker related television shows going on right now, correct?

Rousso: Correct. I am happy with the current hosting gig on my plate with Stars of Poker. I co-host on that program and it airs on the Canal+ network in France. The other program I am going to appear on, Bank of Hollywood, is set to air on December 14th at 10:00pm ET on the E! Network. I am part of a panel of judges that has the power to award money to people so that they can fulfill their dreams. It’s completely non-poker related, but still a special program.

PND: Finally, does having a happy personal life with Chad Brown help your poker game and how much?

Rousso: Part of being a successful poker player is realizing that you can’t perform at your best level on the felt unless you have overall balance in your life. Part of that is having healthy and fulfilling personal relationships. So being a part of a great relationship like the one that Chad and I share certainly helps me perform well at the poker table.

Everest Poker Offers Players a Chance to Live the Dream

Popular poker room Everest Poker is aiming to kick off 2010 in style with the second installment of its Live the Dream promotion.  The contest gives qualifiers the chance to compete for one of ten sponsorship deals worth over $100,000.

Players could qualify for the event in one of three ways: tournament leaderboard races, cash game loyalty points races, or by direct-entry tournaments open to various countries.  The qualifying process is now over, but more than 200 players advanced to the next round of the promotion’s process.

The qualifiers are now being reviewed by Everest Poker staff to assess their poker skills, viability as a sponsored representative of the site, and popularity among the users of Everest Poker.  Players set up profiles on Everest Poker’s official website and others are able to view and vote on their favorite players.  Of the 200 plus qualifying players, 58 hailed from France, while Germany posted the second largest number of players with 29.  Other countries represented in the contest include Hungary, Japan, Brazil, Italy, Portugal, Britain, and Sweden.

The next step for qualifiers is to meet the Everest Poker staff in person.  Qualifiers will travel to the Palais Auersberg in Vienna, Austria for the final step before the top ten winners are selected.  Players who travel to Austria will be divided into two groups.  Group A begins the first day with five-minute taped interviews.  While players wait to be interviewed, they will be playing each other in cash games.  Meanwhile, Group B will play in sit and go tournaments.  After a brief break for lunch, the two groups will switch tasks.  At the end of the day, most of the players will be dismissed, but the top 20 will be asked to come back Sunday for an even more intensive interview process.

The top 20 will take part in 20-minute long interviews that will be reviewed by both Everest Poker staff and a panel of industry judges.  The top ten winners will be announced after dinner and will commence their year-long affiliation with the site with an official press conference.  As part of their deal, players will receive more than $30,000 to cover travel expenses as they travel the international poker circuit.  All ten of the players are set to take part in a number of tournaments, including the World Series of Poker (WSOP) Main Event.

The first Living the Dream contest took part in 2008.  Some of the promotional winners included Steven van Zadlehoff of the Netherlands, Voitto Rintala of Finland, and Pablo Ubierna of Spain.  Prior to winning the Living the Dream promotion, Van Zadlehoff was already beginning to establish himself as a skilled poker player with a seventh place finish at the World Poker Tour (WPT) Spanish Championship in 2007 and an 11th place finish at the first annual WSOP Europe.  He also has five WSOP cashes to his credit.

Van Zadlehoff commented on his Live the Dream experience on Everest Poker’s official site.  ”If you get sent to the rails, you just look ahead to the next tournament and your next win. Live The Dream built more than my bankroll. It built my career,” he extolled.  Ubierna and Rintala echoed the sentiments, with all three agreeing that Live the Dream was a life changing and career-making opportunity.

Two + Two founder sues “Dutch” Boyd

Mason Malmuth, founder of Two Plus Two Publishing, has sued multiple companies and individuals over alleged trademark infringements. Among the sued individuals is poker pro Russell Aaron “Dutch” Boyd.

Two Plus Two Publishing LLC is  accusing “Dutch” Boyd of cybersquatting, or putting up Web sites intended to divert customers from a trademarked site by using identical or confusingly similar names; trademark infringement, unfair competition, deceptive trade practices and intentional interference with prospective economic advantage.

The lawsuit claims Jacknames.com and Boyd on July 14, 2004, registered a domain name using the phrase “Two Plus Two” and the word “poker;” and who then linked the domain name to a poker strategy and gaming services site.

Russell Aaron “Dutch” Boyd

“The lawsuit he is bringing against me is based on a domain name that he currently owns: `twoplustwopoker.com.’ It is without merit and is designed to encourage me to pay him off or face a substantial legal bill defending myself against it,” Boyd said after he got the lawsuit.

In the end it is up to Las Vegas court to judge if “Dutch” Boyd has broken any laws.

Source: Las Vegas Sun

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Two + Two founder sues “Dutch” Boyd

Poker News in Brief: Nov. 30-Dec. 6, 2009

With all that quality front page poker news there were a number of stories that almost fell through the cracks here at PL.com.

Fortunately, we publish our Poker News in Brief feature every Sunday and we’re going to recount some of the lesser-known stories below.

This week we’ll take a look at the original WSOP location shutting down its hotel, an Australian going back-to-back at the APPT High Roller’s event, a UB Poker pro winning a side event at Bellagio and more.

Binions Hotel Shuts Doors

Binions Gambling Hall & Hotel, the original location of the World Series of Poker, will be shutting down the hotel component of the business, according to a statement from owners this week.

Lisa Robinson, a spokesperson for Owners TLC Casino Enterprises, told the Associated Press the decision was made to keep the rest of the property operational.

She went on to say the facility was heavily affected by the economic downturn and the hotel rooms were no longer competitive.

The casino and legendary poker room will remain in business.

The property was originally known as Binion’s Horseshoe and it was there that Benny Binion conceived the WSOP.

The WSOP brand was sold to Harrah’s in 2004 and the next year the tournament was moved to the Rio All-Suites Hotel.

Graham goes back to back at APPT Sydney High Rollers Event

Jarred Graham pulled off an unlikely repeat performance as the APPT Sydney High Roller champion this week.

The young Australian outlasted 26 players including notables Jeff Lisandro, David Steicke and Terrence Chan to take down the $156,000 (AUD) first place prize.

This is the second year the $15,300 (AUD) buy-in event has been held and last year was actually more difficult for Graham, as he had to beat 36 players.

Graham now has life-time tournament earnings of $468,602, which puts him 21^st on the Australian all-time money list.

PartyGaming Wins Poker Operator of the Year

PartyPoker won Poker Operator of the Year honors at the eGaming Review Awards (EGR) in London this week.

An independent judging panel recognized that PartyPoker had made the most headway in the real-money poker sector over the last year. The judges were looking at originality, growth, scale, usability, payment processing and marketing.

Other notable poker winners included PKR for Best Online Marketing Campaign with special mentions to Betfair for Mobile Gaming Operator and ChiliPoker for Rising Star of the Year.

Russian Takes European Masters of Poker Slovenia

A Russian stole the show at the Slovenia leg of the second season of the European Masters of Poker this week.

Vladimir Mefodichev outlasted 252 opponents to take down the €58,190 first place prize in the three-day event.

The €1,000 buy-in event drew players from across the globe and the final table had players from Denmark, Russia, Israel, Sweden, France and Romania.

The European Masters of Poker now heads to Casino Las Canaria, Spain for the next tournament, which takes place Jan. 28-31.

Michael Binger Wins Five Diamond Side-Event

UB sponsored pro Michael Binger added yet another side event title at the 2009 Bellagio Five Diamond series this week.

Binger outlasted 127 players to win the $1,000 No-Limit Hold’em event for $124,160.

Since bursting onto the poker scene with a third place finish in the 2006 WSOP Main Event for $4.1 million, Binger has taken down the 2008 WSOPC Lake Tahoe title for $181,379 and side events at the L.A. Poker Classic and Five Star World Poker Classic.

Adding in numerous cashes from around the globe, Binger has slightly more than $6.2 million in lifetime tournament earnings.

Power Hours on UB, Absolute Poker

Absolute Poker and UB players now have opportunity to earn twice the frequent player points during certain times.

Starting this week both sites will offer Power Hours from Monday-Saturday between the hours of 1-4 a.m. ET and 1-4 p.m. PT where players will earn twice the UB or AP points. The promotion is open to both tournament and cash-game players.

On Sunday, all players can earn double points between the hours of 1-4 a.m. ET with a special 1-5 p.m. ET session just for cash game players.

Players do not need to sign up and the points will simply be added to their account balance.

Full Tilt Signs Jani Vilmunen

It appears that Full Tilt Poker has signed Jani “KObyTAPOUT” Vilmunen as their latest red pro.

At the start of the week, the Finnish PLO-expert was still playing by his KObyTAPOUT alias but by mid-week a red Jani Vilmunen showed up at the tables on Full Tilt.

Vilmunen is most well-known as a fierce high stakes online cash game player, but he’s also had success in tournaments. Vilmunen won the Pot-Limit Omaha event at the WSOPE this fall for $336,396 and he also won the $2,100 PLO Six-Max WCOOP event on PokerStars for $172,140.

Full Tilt has yet to publicly confirm it has signed Vilmunen.

UB, Poker Player Magazine Hold Tournament for Armed Forces

Poker Player Magazine and UB Poker will host a freeroll this January to benefit those serving in the United States armed services.

All members of the armed forces, including veterans, are encouraged to participate, but the event is open to all players who would like to show their appreciation for men and women in uniform.

“This is a great event for everyone,” said Poker Pro Media Vice President Will Jordan, a former Marine. “But it is especially gratifying because we will be getting our servicemen and women involved. They deserve our gratitude, and this is just one small way to show it.”

The grand prize will be a $10,000 seat in the 2010 WSOP Main Event, along with $2,000 in expense money.

To sign up for the freeroll simply go to UB.com by Dec. 27 and use the promotion code PKRPRO.

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Absolute Poker Pro Matt Vengrin to Judge Miss California Teen USA

First, Team PokerStars Pro Vanessa Rousso signs up to be a judge on the E! reality competition show “Bank of Hollywood.” Now, Absolute Poker Pro Matt Vengrin is following suit and branching out, serving as a judge in the upcoming Miss California Teen USA pageant.  The event, which wraps up Sunday, will determine who will succeed reigning Miss California Teen USA Chelsea Gilligan of Beaumont.

“As a poker player, I know how fierce competition can be,” said Vengrin in a statement from Absolute Poker.  “Just like playing in the World Series of Poker (WSOP), these girls are in for a grueling, but fun weekend, and I’m excited to be an integral part of the experience.”

Fittingly for Vengrin, the event is taking place at the Agua Caliente Casino in Rancho Mirage.  The casino’s theater, called “The Show,” played host to the preliminary rounds of the competition on Saturday and the finals are taking place Sunday afternoon.  Though the completion did not get underway until this weekend, the pageant contestants have been preparing for the event for months, including an October orientation in Palm Springs and preliminary interviews at the Riviera Resort this past Friday.

According to the Miss California organization’s official website, Vengrin and the other judges will be evaluating the contestants based on their performance in the interview, evening gown, and swimsuit competitions.  The site lists judging criteria as “character, poise, confidence, and personality.”  The winner will represent the Golden State at the Miss Teen USA pageant, which will take place in the summer of 2010.  The current Miss Teen USA crown holder is Stormi Henley of Tennessee.

This latest appearance is another boon for Vengrin in what has been a landmark year for the online poker pro.  Earlier this year, he parted ways with Full Tilt Poker, which signed him to a Red Pro sponsorship agreement.  In June, news broke that Vengrin was a new spokesperson for Absolute Poker.  Other sponsored pros on the Absolute Poker roster include Lacey Jones and recently-signed “Real World: Las Vegas” alum Trishelle Cannatella.

In September, Vengrin, who plays online under the screen names “plattsburgh” and “vengmoney,” made waves in this year’s PokerStars World Championship of Online Poker (WCOOP) by making three final tables, which was enough to tie him with WCOOP Player of the Series Dan “djk123” Kelly for most in that department.  Over the course of 2009, Vengrin has racked up more than $250,000 in online tournament winnings and recently had a deep run in the Ultimate Bet Aruba Poker Classic, where he finished in 27th place and won $21,327.

The New York native has had his fair share of live poker success as well, most notably a third place finish in a $3,000 buy-in No Limit Hold’em Event at the 2008 WSOP.  Vengrin netted $167,973 for his finish and his lifetime live poker tournament winnings are at almost a half-million dollars.

Vengrin’s participation with the pageant is not the first time poker and beauty queens have crossed paths.  Poker players like Clonie Gowen and Tiffany Michelle are both former pageant contestants; Gowen held the title of Miss Teen McAlester, Oklahoma in her youth.

British player accused of murder

Poker is a social game and best played live. You’ll never know who is against you.

46 years old Marcus Bebb-Jones and his wife Sabrina Bebb-Jones owned a hotel in Grand Junction Colorado. Sabrina was claimed missing in 1997 and after interrogation Marcus tried to do suicide.

Blood was found from Bebb-Jones’ car but Sabrina’s corpse wasn’t found so Marcus wasn’t accused. Bebb-Jones went back to Britain with his 3-year-old son and has managed to rise within the best tournament players in UK.

Few hikers found Sabrina Bebb-Jones’ skull in 2004, but it took five years from the US officials to get the arrest  warrant. Marcus Bebb-Jones was arrested last week and is waiting the Judge’s decision if he gets  deported to USA.

Marcus Bebb-Jones is a wanted criminal in USA and will most likely spend the rest of his life behind the bars.

You just read Poker News from HighStakesNews.com

British player accused of murder

Kentucky Cabinet Secretary Discusses Internet Gambling Battle

One month ago, the Kentucky Supreme Court heard arguments in a case that pits the state’s Justice and Public Safety Cabinet against the owners of 141 internet gambling domain names, including those belonging to industry titans like PokerStars and Fill Tilt Poker.

Heading the Cabinet is J. Michael Brown, who was present during oral arguments in the Frankfort courtroom and brought the legal action against the domain names in question one year ago. Brown told Poker News Daily that nothing discussed during the October 22nd hearing caught him off-guard. He added, “In discussing some of the procedural background, members of the court touched on some of the underlying issues, everything from whether a domain name is a device and how a device is defined to what measures the Commonwealth can employ to defend itself against unregulated internet gambling.”

Representing the internet gambling sites were a consortium of lawyers, including those from the Interactive Media Entertainment and Gaming Association (iMEGA), the Interactive Gaming Council (IGC), and several of the targeted sites. Despite the large presence of trade organizations during the proceedings, Brown and company questioned why no domain owners had come forth to defend themselves. The Secretary told Poker News Daily, “Who were the stakeholders on the other side? There didn’t seem to be anyone standing up saying that they represent these innocent owners. Their arguments were all over the map, from the First Amendment to likening it to a criminal proceeding. I was pleased that the court spent time looking at the underlying issues.”

Many in the industry have cautioned that the outcome of the Kentucky internet gambling case may set a precedent worldwide. More light could be shed on where domain names are located and who has rights to seize or regulate them as a result of the seven-member Kentucky Supreme Court’s decision. On the global implications of the Commonwealth’s actions, Brown frankly stated, “I’m only focusing on Kentucky. Our interest is in the unregulated gambling that we believe has been going on. I don’t know that our Supreme Court is ready to look at it as a worldwide precedent because a lot of the underlying facts haven’t been completely developed.”

Influencing the Commonwealth is the presence of a booming horse racing industry in Kentucky, headlined every May by the running of the Kentucky Derby. The spectacle, which unfolds from Churchill Downs in Louisville, generates a considerable amount of revenue for the State, bringing in high rollers, celebrities, politicians, and horse racing fans from around the globe.

The 141 internet gambling domain names are owned by companies located in places like Costa Rica, Gibraltar, Canada, and Isle of Man. Brown explained, “You have people who own and operate domain names. In order to regulate them, you have to go to the registrars because the actual owners are all offshore.” Registrars include giants like GoDaddy.com, which features Team PokerStars Pro member Vanessa Rousso as one if its spokesmen.

When the Kentucky Supreme Court will hand down a decision in the case is not yet known. Joe Brennan, Chairman of iMEGA, told Poker News Daily that he would set an over/under of March, 2010. Rich Muny, Kentucky State Director for the Poker Players Alliance (PPA), contrastingly, expected a decision to be rendered by Christmas.

The 141 internet gambling domain names were seized in September of 2008 on the grounds that they were illegal “gambling devices,” a term that traditionally refers to tangible objects like slot machines and roulette wheels that you’d find in an underground casino. Judge Thomas Wingate upheld the Commonwealth’s actions one month later before the industry sought the intervention of the Kentucky Court of Appeals. The judicial body ruled against the State by a two-to-one margin in January, setting up October’s showdown in the Kentucky Supreme Court.

Stay tuned to Poker News Daily for the latest from the Commonwealth of Kentucky.

Vanessa Rousso to Appear On E!’s Bank of Hollywood

This past month, rumors were flying that Team PokerStars Pro member Vanessa Rousso was going to be the new co-host of the GSN poker show “High Stakes Poker.”  While that TV gig ultimately went to Kara Scott, poker fans and others will be seeing Rousso’s face on their screens in the very near future, as she will be a member of the panel of judge’s on the new E! reality game show “Bank of Hollywood.”

Rousso broke the news of her involvement on her Twitter feed earlier this week and a write-up on the new show in the Hollywood Reporter confirmed that she would be a part of the Ryan Seacrest-produced show.  Joining Rousso on the judging panel are Candy Spelling, Wilhemina Models President Sean Patterson, and Pussycat Dolls singer Melody Thornton.

The basic premise of the show rings similar to the NBC vehicle “Shark Tank,” but instead of business proposals, contestants come to the judges with more personal matters.  “Bank of Hollywood” allows contestants to ask the celebrity panel for money for a variety of causes ranging from charity to personal gain.  Participants in the upcoming show will be pleading for money for everything from an engagement ring for their fiancée to funds for charity.  If the judges feel the cause is worthwhile, they will award the contestant with at least $2,000 from their own pockets.

Seacrest elaborated on the show to the Hollywood Reporter: “The idea’s simple. We are giving away tons of money to everyday people to alleviate the stress of today’s climate.”  E! Executive Vice President of Programming Lisa Berger elaborated on Seacrest’s thoughts: “We’re giving real people the opportunity to garner life-changing sums of money and, at the same time, fulfilling our judges’ desire to make a difference in the lives of others – one person at a time.”

The eight-episode series will be hosted by comedian Bryan Callen, who has also appeared on shows like “Sex and the City,” “How I Met Your Mother,” and “Entourage.”  The show is scheduled to premiere at 10:00pm ET on December 14th.

This is just the latest TV appearance for Rousso, who keeps developing an increasingly higher profile both inside and outside of the poker world.  This past spring, she signed on as a spokesperson for GoDaddy.com and appeared in a PokerStars-sponsored spread in the 2009 Sports Illustrated Swimsuit Edition.  Rousso was also heavily featured on NBC’s 2009 National Heads-Up Poker Championship, where she finished as the runner-up to Huck Seed.

2009 has been a landmark year for Rousso on the tournament scene as well.  In addition to her showing in the Heads-Up event, she also had a deep run at the Southern Poker Championship in Biloxi in February, a win at the European Poker Tour High Roller event in Monte Carlo in May, and four cashes at this summer’s World Series of Poker.  She married longtime boyfriend Chad Brown this past spring.

“Bank of Hollywood” is the latest E! reality vehicle from Ryan Seacrest Productions. “Keeping Up with the Kardashians,” “Denis Richards: It’s Complicated,” and the recent “Leave it to Lamas” are just a few of the E! shows currently on the network’s lineup that are produced under the Seacrest banner.

Gowen lawsuit tilts again

The lawsuit, filed Nov. 14, 2008, sought $40 million in damages from Full Tilt Poker, Tiltware, a series of related companies, Tiltware CEO Raymond Bitar and a group of Team Full Tilt players, claiming, among other things, breach of contract.

Gowen alleged that in 2004 she was offered a 1% stake in the site in exchange for her services as a celebrity endorser, but never received compensation.

She was dropped from the Team Full Tilt roster just days before the suit was filed.

Federal Judge Robert Jones granted a motion to dismiss the case back in April of this year, but the lawsuit was not thrown out in its entirety.

Gowen was given leave to amend the complaint to include just Full Tilt Poker, Tiltware, the related companies, Bitar and Howard Lederer as defendants and appeal the decision to dismiss the case.

However, in a decision released this week, Judge Jones both denied Gowen's appeal and granted Full Tilt's latest motion to dismiss the newly amended complaint.

Although, it appears the suit is not dead yet.

Judge Jones has granted Gowen leave to amend the complaint a third time to include only Tiltware.

Gowen and her lawyers have 15 days from the Oct. 14 decision date to file the amended complaint.

A former Oklahoma teen beauty queen, Gowen has over $1.6 million in career tournament earnings.

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Full Tilt Poker Victorious in Clonie Gowen and Domain Name Cases

The phrases “Full Tilt Poker” and “lawsuit” seem to go hand in hand these days, but the online poker room’s latest legal news is wholly positive for the site.  Two recent court decisions, one out of England and the other out of Nevada, both ruled in Full Tilt’s favor and, though the site received no monetary compensation, it brought some of its ongoing legal matters to a conclusion.

The suit brought against Full Tilt by former sponsored pro Clonie Gowen was dismissed for a second time last week.  The decision issued by U.S. District Court Judge Robert C Jones said that Gowen’s claim of unjust enrichment was an “indistinct cause of action” and denied Gowen’s motion to reconsider the order.  Jones granted Gowen’s motion to amend her claim a third and final time and submit it to the court within the next 15 days.

Gowen filed suit against Full Tilt almost a year ago alleging that the company failed to compensate her adequately for her work promoting the site at live and televised events since 2004.  According to Gowen, Full Tilt bigwigs told her that she would receive a 1% stake in the company, which her attorneys estimated to be worth $40 million.  The suit was brought against numerous companies affiliated with the site, including Tiltware Inc. and Pocket Kings Ltd., and also named each of the members of Team Full Tilt.

The suit was originally dismissed in May, but Gowen was allowed to re-file her claim against Raymond Bitar, Howard Lederer, and Tiltware.  This week’s dismissal was a response to that re-filing and, although Gowen is allowed to argue her case one more time, it seems unlikely that the suit will go her way.

Full Tilt received a ruling in another piece of pending litigation as well.  Pocket Kings, a software company that works closely with Full Tilt, filed a motion in a British court against the Commonwealth of Kentucky following the State’s attempt to seize a number of domain names connected with online gambling companies.  Pocket Kings filed the claim because the company that controls its domain name, SafeNames, was instructed by the Commonwealth to relinquish control of the URL fulltiltpoker.com, which would violate its contractual agreement with Pocket Kings.

Michael Furness, Deputy Judge of the High Court who heard the case, ruled in Pocket Kings’ favor, saying that Kentucky could not act as its own sovereign state and, as such, the seizure was unenforceable on British soil. According to Furness’ written decision on the case, Kentucky has made no attempt to seize Full Tilt’s domain name other than issuing SafeNames its initial seizure order.

The aforementioned domain name seizures were debated on the floor of the Kentucky Supreme Court on Thursday and the panel of seven judges is expected to issue a decision within four months.  The Interactive Media Entertainment and Gaming Association (iMEGA) fought Kentucky Governor Steve Beshear’s attempt to seize the domain names and argued on behalf of online gaming companies.

The Commonwealth failed to send anyone to represent their interest in the case, but a series of e-mails between the law firm Hurt Crosbie and May and Pocket Kings discussing the possible adjournment of the hearings confirmed that the State was aware of the proceedings, but chose not to attend.

In the end, Furness ruled in favor of Pocket Kings and declared that the Kentucky seizure was unenforceable.  In turn, SafeNames agreed to refrain from enforcing the order and Full Tilt will retain its domain name for the foreseeable future.

Annie Duke Recaps Aruba Poker Classic, Previews WSOP Main Event

Ultimate Bet’s Annie Duke, fresh off her trip to the annual Aruba Poker Classic, comments on the tournament, the World Series of Poker (WSOP) Main Event final table, and the latest cast list for “Celebrity Apprentice.”

Poker News Daily: You missed most of the Aruba Poker Classic last year to film the NBC reality series “Celebrity Apprentice.” Tell us about your trip this year.

Duke: I went into Aruba and was actually excited about playing. In the first two levels, I had aces seven times, kings twice, and queens twice, and I was out. I’d make a big re-raise and someone with 8-5 would call. That goes to show you when you have hands that good, you’ll end up with a huge stack or be out. I was sad because I was looking forward to playing in that tournament. I don’t think I’ve ever had that good of a run of cards, so I was sad to waste it.

PND: What did you do instead of playing in the Main Event in Aruba?

Duke: I ended up in a lot of meetings. I didn’t get to go out too much. At the opening night party, I’ve always managed to avoid getting thrown into the pool. It usually starts off with Phil Hellmuth offering people money to get thrown in. This year, a couple of UB pros came up to me and said they were going to throw me in the pool. I told them not to and they backed off, except for Joe Sebok, who threw me in. He was the first person to get me in the pool in my clothes in years. By the time the closing party came around, I was sick, so I asked people not to throw me in and they didn’t.

I scheduled one day on the back end of the trip where I knew everyone would be gone. I spent the whole day with my seven year-old and we decided to go tubing. She doesn’t like tubing, so [my boyfriend] Joe and I went and she stayed in the boat. The driver’s goal is to knock you off the tube, but Joe and I were in good shape. Finally, the driver began starting and stopping the boat to create turbulence and then pulled us over it. At that point, the tube was flipping over. Joe’s heel flew into my neck and snapped my head back. There was a progressive event of my lower jaw snapping into my upper jaw. We stopped and there was Annie sobbing in the water. The inside of my throat swelled up like I had a bad case of swollen glands. Joe said his only regret was that he didn’t do it on purpose.

PND: That’s quite a story. I notice you’re not playing in the World Poker Tour’s (WPT) Festa al Lago. Can you talk about the tournament’s extended registration policy, which allows players to buy in until halfway through Day 2?

Duke: It’s excruciating to play with the number of blinds they give you, so you definitely want to show up late. The problem is that I’m not sure you can be better than even equity if you do. The soft players in there – the satellite winners – are not waiting until Day 2 to play. You’re given the choice between saving time and losing equity or torturing yourself and picking up equity. I’m not sure there’s a right answer. I don’t want to miss out on soft money, but it’s hard to sit there and play.

PND: It appears that the cast for the third season of “Celebrity Apprentice” will not include a poker player. Is that a good move by NBC officials?

Duke: In the end, I wouldn’t be surprised if they didn’t have a poker player. I don’t know that tapping into that community again makes sense from a fundraising standpoint. On fundraising challenges, everyone conceded the fact that whatever team I was on would win. They might think that any poker player might be able to bring that to bear, so I’m not sure that creates any suspense for the show. In the finale, it was like they discounted the fact that I had raised so much more money than Joan Rivers. There wasn’t as much weight to it because people assumed that poker players would come through that way, which is amazing.

PND: The cast includes former Illinois Governor Rod Blagojevich and “America’s Got Talent” judge Sharon Osbourne. Who’s your horse?

Duke: You have to decide between competence and fame and competence versus who will make for good television. My recollection of Helen Robinson Peete is that she’s smart. On competence, she’d be a good choice. Carol Leifer also seems like she’d be competent. If I had to predict, I’d say that it will be Sharon versus Rod in the finale. I don’t have a lot of interest in watching it, but I might because I have friends who work on the show. I developed some close friendships while filming.

PND: What are your thoughts heading into the WSOP Main Event final table?

Duke: Ivey has about 5% of the chips in play and he’s definitely much better than the average bear, but anyone who gets there is playing well. It’s a weird final table because it’s so top-heavy. When it’s top-heavy, the chip averages and table play get screwed up. You have Darvin Moon and then two others close to him. What people have to remember is that Darvin only has a 30% chance of winning (since he has 30% of the chips in play) if he’s a par player, so 70% of the time, he won’t win.

PND: We understand that you’re going to be doing some radio commentary during the final table. How are you preparing for that?

Duke: In the beginning, I’ll be looking at how people deal with the fact that there’s this monster at the table. It’ll be interesting to see who’s panicking and who’s not. There’s no reason to panic. You have a lot of people with around the same number of chips and they’ll be equally afraid of each other. None of them are true short stacks and any of them can damage any other player besides Darvin. They can play relatively straightforward poker and not short-stack poker, so it’ll be interesting to see who knows that.

PND: Is it fair to draw a comparison to the 2006 WSOP Main Event, when Jamie Gold held a monstrous chip lead over the rest of the table?

Duke: There are definitely some similarities. What you saw is that the people who were patient got rewarded.

Kentucky Supreme Court Hears iMEGA Internet Gambling Case

Playing out on the floor of the Kentucky Supreme Court this morning were oral arguments in a case pitting the state’s Justice and Public Safety Cabinet, headed by J. Michael Brown, against the Interactive Media Entertainment and Gaming Association (iMEGA), among other parties.

The hearing will determine the fate of 141 internet gambling domain names, including those belonging to industry giants like PokerStars and Full Tilt Poker. Commonwealth attorney Eric Lycan took to the podium shortly after 11:00am local time and noted that the lower court ruling ordering the sites in question to halt operations in Kentucky or risk losing their domains altogether has yet to bear fruit: “None of these domain names has been stopped from operating… When this action was filed, many of them attempted to take their domain names registered with registrars in the U.S. and transfer them to another overseas registrar.”

Lengthy comparisons were made to drug seizures and pornography throughout the proceedings. In terms of whether iMEGA and the Interactive Gaming Council (IGC) had standing to sue in the case, Lycan explained, “There is not a single person in this room who will claim to operate a domain name. You have illegal gambling trade associations.” One of the six justices in attendance retorted, “This is not like cocaine, which is inherently illegal.” The Kentucky Supreme Court grilled both sides with questions.

If successful, the domains would be inaccessible not only in Kentucky, but also around the world. On why the Commonwealth would remove access to the URLs for the rest of the world, Lycan explained, “That’s how Judge Wingate’s order was tailored and it’s only if they refuse to cease operations in Kentucky. It’s only those who continue to defy the Commonwealth that will be forfeited.” Lycan revealed that the domains would be put up for public auction if they were successfully forfeited.

Up for debate is whether the domain names were properly seized under the grounds that they were “gambling devices,” a term traditionally reserved for tangible objects like slot machines and roulette wheels that you’d find in an underground casino. Also argued were whether due process was violated and whether the Commonwealth had jurisdiction to act in the first place. Lycan noted that there have been instances of URLs being seized before: “They have been seized by the IRS and auctioned off. This is not a new thing that the Commonwealth has undertaken. It’s complicated by the fact that it’s not tangible property, but it’s still property.”

Lycan’s testimony lasted for 30 minutes and was followed by Bill Johnson’s oral arguments. Johnson, who represents a contingent that includes Sportsbook.com, argued that the case should not have proceeded as far as it has. He then noted that the State should have pursued a criminal case against domain name owners, not a “hybrid” civil forfeiture proceeding. Johnson also called out the Kentucky State Legislature for not clarifying the Commonwealth’s gambling laws: “Sometimes it’s necessary for the legislature to spell out what the law is. If the legislature had amended the statute, which it’s had the opportunity to do since 1974… our situation would be different.” Legal online wagering on horse racing appears to be legal in Kentucky, as TwinSpires.com, which allows such bets, is owned by the parent company of the Churchill Downs racetrack.

Jon Fleischaker, attorney for iMEGA, gave an animated argument that began with the following statement: “What the Commonwealth and what the Secretary are doing is really unheard of. They have taken a statute that has been repealed… and have tried to make it a hybrid with a criminal process for forfeiture. That is really wrong.” Fleischaker also blasted the State’s lack of due process, noting, “There has been no process. There has been no attempt at process. It was a secret proceeding. Nobody had standing at the proceedings in front of Judge Wingate.” Word spread of the seizure last September and Wingate upheld the Commonwealth’s actions in a decision released nearly one year ago to the day.

Finally, John Tate, attorney for VicsBingo.com and the IGC, asserted that the Commonwealth’s actions violated the 14th Amendment of the United States Constitution. He explained, “The internet did not arrive yesterday. We’ve wrestled with internet-based jurisdiction for some number of years now… The only jurisdictional bases for the assertion of in rem were manufactured by the Secretary.” Tate argued that the Commonwealth’s agents had to use an internet search to find VicsBingo.com, which should be frowned upon. Lycan countered that the appellate admitted 13,000 online poker players made their home in Kentucky as members of the Poker Players Alliance (PPA).

The proceedings lasted about 90 minutes and iMEGA expects a decision to be handed down within four months. Rich Muny, Kentucky State Director for the PPA, said the organization, which filed an amicus brief in the case, thought a decision would be rendered within 60 days.

Celebrity Apprentice 3 Cast May Not Feature Poker Players

In 2010, the third installment of the NBC reality franchise “Celebrity Apprentice” will hit television airwaves. The show, which featured comedian Joan Rivers best poker pro Annie Duke in the finale last time out, will likely not include a poker player this time around.

Ever since Duke finished as the runner-up to Rivers in May, the poker community has been abuzz that one of its own may appear in the third edition of the popular series. However, according to Huliq.com and the New York Post, the ensemble cast, which will likely once again pit men against women, does not appear to include a poker player. No official cast list has been released by NBC. The show is hosted by real estate mogul Donald Trump and raises money for charity.

Last season, Duke played for Refugees International, an organization that she worked closely with as part of her own charity, Ante Up for Africa. In the process, the poker community was instrumental in raising $730,000 for the charity. Poker players who made cameos throughout the season included Ultimate Bet front man Phil Hellmuth, Andy Bloch, Howard Lederer, 2009 Poker Hall of Fame nominee Erik Seidel, and Perry Friedman.

Embattled politician Rod Blagojevich headlines the “Celebrity Apprentice” cast in Season 3. His wife, Patty Blagojevich, appeared on NBC’s “I’m a Celebrity, Get Me Out of Here” when Rod was unable to attend due to ongoing legal action. Blagojevich is the former Governor of Illinois and was impeached in January for, among other misgivings, allegedly trying to sell the Senate seat vacated by current U.S. President Barack Obama.

Joining Blagojevich on the men’s team will be another controversial celebrity, former baseball great Darryl Strawberry, a member of the New York Mets, Los Angeles Dodgers, San Francisco Giants, and New York Yankees. Strawberry exited the league in 1999 and was the National League Rookie of the Year 16 years earlier. Chef Curtis Stone will join the “Celebrity Apprentice” cast, as will popular comedian Sinbad, whose credits include “A Different World” and “The Sinbad Show.” He has also appeared in movies such as “First Kid” and “Jingle All the Way.”

Former professional wrestler Bill Goldberg, who stormed onto World Championship Wrestling (WCW) scene with an undefeated streak in the late 1990s, will be a part of the new “Celebrity Apprentice” cast. Rounding out the men’s team is “Rock of Love” star Bret Michaels, who is also known for his work with the band Poison.

The women’s team features “America’s Got Talent” judge Sharon Osborne, whose fellow judge on the show, Piers Morgan, was the winner of Season 1 of “Celebrity Apprentice.” “Girls Just Want to Have Fun” and “Time After Time” signer Cyndi Lauper will join the squad. Olympic gold medalist Summer Sanders, who took down hardware in swimming in 1992, will also make her way to New York City to film “Celebrity Apprentice.” There, actress Holly Robinson Peete, wife of former NFL great Rodney Peete, will join her.

World Wrestling Entertainment’s (WWE) Maria Kanellis will also be a part of “Celebrity Apprentice,” as will comedian Carol Leifer, who has written scripts for hits like “Seinfeld” and “The Larry Sanders Show.” Finally, Selita Ebanks, a model, will round out the new cast.

The names of more cast members may be released, but for the meantime, it appears that the poker community will not be a part of the upcoming season of “Celebrity Apprentice.” Over on CBS, Tiffany Michelle and Maria Ho, the last women standing in the 2008 and 2007 World Series of Poker (WSOP) Main Events, respectively, are competing as part of the Emmy Award winning reality series “Amazing Race.” The show airs at 8:00pm ET on Sundays and viewers will see the poker playing duo race around Dubai, United Arab Emirates on this week’s edition.

The Post reported that the “Celebrity Apprentice” cast was seen recording the opening credits in the Meatpacking District of New York City and that the show would begin airing in March.

Poker Players Alliance Issues Letter to Timothy Geithner, Ben Bernanke

With the December 1st deadline rapidly approaching for industry compliance with the Unlawful Internet Gambling Enforcement Act (UIGEA), the Poker Players Alliance (PPA) has coauthored a letter to prominent members of the Treasury and Federal Reserve.

The PPA letter is dated in September and addressed to Secretary of the Treasury Timothy Geithner and Federal Reserve Chairman Ben Bernanke. Its purpose is straightforward: encourage the postponement of the UIGEA’s regulations by one year. The letter explains, “An extension of the compliance date is necessary because a significant number of institutions subject to the Final Rule will not have in place the necessary policies and procedures mandated by the Final Rule on December 1, 2009, the current compliance date.”

In May, Congressman Barney Frank (D-MA) introduced HR 2266, the Reasonable Prudence in Regulation Act. The measure pushes back mandatory UIGEA compliance by one year to December 1st, 2010 and has generated 51 cosponsors. However, with Frank’s committee bogged down in financial reform and near double-digit unemployment, HR 2266 has not yet seen the light of day. Rich Muny, PPA State Director for Kentucky, told Poker News Daily, “The hope is that we would pass legislation or would work with the Treasury to get them to accept something like an administrative law judge to determine what is legal and illegal under the UIGEA. The judge, for example, could include the fact that the Wire Act doesn’t apply to online poker.”

The PPA authored its letter in conjunction with the National Thoroughbred Racing Association and American Greyhound Track Operators Association. The letter concludes by explaining what the three groups have in common: “Given a choice between subjecting themselves to liability under the Act for processing transactions involving unlawful internet gambling and subjecting themselves to no liability for overblocking, regulated institutions have indicated to our members that they intend to overblock.” In New Hampshire and North Dakota, overblocking by credit card companies like Visa and MasterCard of legal online lottery transactions occurred as financial institutions rushed to comply with the UIGEA.

The letter comes as the PPA scrambles to delay the UIGEA regulations by any means necessary and takes advantage of the Administrative Procedure Act, which governs the way regulations are implemented. Muny explained, “There are two laws that give the Treasury the right to make sure that regulations it implements are understandable. The UIGEA rules were a last-minute decision by the Bush Administration, so they could make a feasible case that they were created in haste.” The regulations of the UIGEA were passed as “midnight rules” by the Bush Administration and took effect on January 19th, one day before U.S. President Barack Obama took office.

The two horse racing outfits express concern in the letter over legal transactions being prohibited. It notes, “The UIGEA regulations could result in confusion among members of the financial services community, leading to a devastating impact on electronic wagering as authorized by the [Interstate Horseracing Act], which produces some $100 million in prize money for horsemen and millions of dollars of state and local tax revenue.”

Whether the UIGEA’s regulations will have any impact on the internet gambling and online poker industries in the United States after December 1st is not yet known. Noted online gambling expert Nelson Rose told Poker News Daily in a July interview, “Basically, the whole program focuses on due diligence on new accounts. If you’re crazy enough to set up a bank account with an American bank, they’ll ask if you’re involved in illegal internet gambling.” He added that payment processors have already devised ways to skirt the 2006 law.

Stay tuned to Poker News Daily for the latest PPA news.