USA v. Poker Stars (Poker Players Alliance Amicus Filing)



The PPA is a non-profit organization, whose membership includes over a million

professional and amateur poker players and enthusiasts with years of experience playing poker, is in a unique position to help inform the Court fully as to the role of skill in playing poker, which is not available from the parties themselves. The PPA is dedicated to protecting the legal rights of poker players and to provide poker players with a secure, safe, and regulated place to play. In accordance with this mission, one of the PPA’s key objectives is to make the public, the political community, and the legal community aware of the fact that poker is a game in which the skill of the player is the predominant factor in determining the outcome of the game. The PPA

does so through advocacy work in Washington, D.C. and throughout the United States. It has also regularly appeared as amicus curiae in cases affecting its members’ ability to play poker, offering a unique perspective on and information regarding the skill required to play poker. See United States v. DiCristina, No. 1:11-cr-0414-JBW, Dkt. No. 83 (E.D.N.Y. July 10, 2012); South Carolina v. Chimento, No. 8045DB (Mt. Pleasant Mun. Ct. Feb. 19, 2009); Pennsylvania v. Dent, Nos. 167-MDA-2009, 168-MDA-2009 (Pa. Super. 2009), and Kentucky v. Interactive Media Entertainment & Gaming Assoc., Inc., No. 2009-SC-000043 (Ky. May 12, 2009). The

PPA also ensured the presentation of the body of evidence regarding the predominance of skill in poker in a Colorado jury trial that resulted in a not guilty verdict. People v. Raley, No. 08M2463 (Weld County Ct., Colorado Jan. 21, 2009). In connection with this motion, the PPA has consulted with counsel for the PokerStars Defendants, the FullTilt Defendants, the Absolute Poker Defendants, The indictment directly affects the PPA’s interest in assisting its members in continuing to play poker lawfully. Should cases like this one be allowed to proceed, it will prevent PPA members’ ability to continue to play poker without fear that their funds will be subject to forfeiture. Consequently, the PPA respectfully requests that the Court grant the PPA leave to participate in the briefing in this proceeding as amicus curiae.

Howard Lederer, Chris Ferguson, and Raymond Bittar all of whom consented to or took no position as to the PPA’s participation as amicus. It has also consulted

with the United States Attorney’s Office for the Southern District of New York, which takes no position on the PPA’s motion.

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Reference Info:Legal Memoranda: Motion Addressed to Pleadings | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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