Diamond Flush Poker recently reported that the United States Government has filed a fugitive motion against PokerStars. The ongoing case, which stems from Black Friday, has now seen movement from the government and the fugitive motion document has now been filed in court.
The document calls for: “a date and time to be set by the Court for an Order (1) Permitting the Government to Take Expedited Discovery Relating to Fugitive Disentitlement and (2) Staying Consideration of the PokerStars Claimants’ Motion to Dismiss the Verified First Amended Complaint.”
The filing of this motion is in response to the defendants of both PokerStars and Full Tilt filing for a dismissal of the civil charges that they face. Diamond Flush Poker reports that the motion filed means: “The Fugitive Disentitlement Doctrine basically provides that a fugitive from justice may not seek relief from the courts whose authority they are evading. In other words, a fugitive would not be able to take advantage of a court’s ruling that may be in his favor (a positive ruling via the motion to dismiss or claims for assets facing forfeiture) while avoiding the authority of the court by keeping fugitive status.”
The article further stated that Isai Scheinberg will be scrutinized. Scheinberg’s ownership of the online poker room is in question and it will be decided if he is in fact a fugitive. Just because Scheinberg has not answered to the charges in the Black Friday case does not necessarily make him a fugitive. He may be subject to the same ruling that Raymond Bitar was given after he surrendered to authorities. Bitar was first called a fugitive but then given bail in his case.
PokerStars has been trying to take over Full Tilt Poker for some time now as part of their settlement negotiations with the United States Attorney’s office for several months now and it has been reported the PokerStars would acquire the company and then repay the customers of Full Tilt. Full Tilt was unable to payback their customers. The company owes hundreds of millions of dollars to players all over the world.
Now speculation has arisen that PokerStars and the Southern District of New York have been working on the final terms of the settlement in this case. However, it was reported the recently there was a disagreement regarding the changes in terms, which prevented the settlement from moving to court. The filing by the United States Attorney’s office could move the settlement along or it will help the dismissal actions produced by Full Tilt and PokerStars to remain ungranted.
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