A Northern California District Court judge dismissed the $10 million lawsuit against accused poker cheater Mike Postle mostly on the basis of an unconventional state gambling law.
It appears Mike Postle will never face justice. (Image: YouTube)
Postle was the talk of the poker world last fall when Veronica Brill publicly outed him for cheating. He allegedly somehow gained access to his opponent’s hole cards during Stones Live streams. The Stones Gambling Hall player supposedly made hundreds of thousands of dollars unfairly.
As a result, Brill and 87 other Plaintiffs filed three separate $10 million lawsuits against Mike Postle, King’s Casino (owner of Stones Gambling Hall), and Stones Live producer Justin Kuraitis. But it appears all three defendants are off the hook before the case even made it to trial.
Mike Postle Can Dodge Bullets
Postle, Kuraitis, and Stones each recently filed a motion to dismiss the case. The casino argues it isn’t responsible for the actions of players in a poker game. And Postle denies cheating and claims he has evidence proving his innocence.
United States District Judge William B. Shubb sided with the defendants and granted the motion to dismiss. In a court document provided by Mac VerStandig, the attorney for the Plaintiffs, Shubb pointed to a gambling law unique to California for his reason to dismiss the case.
“California’s strong public policy against judicial resolution of civil claims arising out of gambling disputes mandates the dismissal with prejudice of plaintiff’s claims against Postle for fraud, negligent misrepresentation, negligence per se, and unjust enrichment,” Shubb wrote.
Shubb continued his explanation, stating that California’s gambling laws only protect a “business or property” from cheating. Individuals, however, aren’t subject to recovering gambling losses as the result of an opponent unfairly winning.
“Plaintiffs lack standing under § 1964(c) to proceed with their (Racketeer Influenced and Corrupt Organizations) RICO claim because they have failed to allege facts demonstrating a concrete injury to their ‘business or property.’ Plaintiffs’ RICO claim against Mike Postle must therefore be dismissed,” the judge continued.
Tough Case to Win
VerStandig had his work cut out for him. Not only was he facing an unconventional state law that essentially protects alleged gambling cheaters. He also had to prove that Mike Postle in fact cheated, and he didn’t have the benefit of Stones employees involved in the alleged scam coming forward. Nor did he have access to the electronic device Postle supposedly used to gain access to his opponent’s hole cards.
Shubb wrote that the Plaintiffs failed to ” allege any fiduciary obligation to support a constructive fraud claim.” He argues that the casino has no legal duty to protect poker players against being cheated by other players.
VerStandig’s case was mostly predicated on Postle’s improbable win rate and ability to seemingly make the correct decisions at all times during Stones Live streams. Postle has denied those allegations and has said he will release evidence proving he often made bad calls on the river. But eight months since he’s made that claim and he still hasn’t shown any evidence.
Poker Community in Shock
Few in the poker community, at least on social media, side with Mike Postle. Most believe the evidence is clear that he cheated during numerous Stones Live episodes. Following news of the case dismissal, many poker fans expressed frustration with the outcome.
Veronica Brill, the whistleblower, dropped a truth bomb on her Twitter followers.
Just letting the poker community know that if you decide to cheat on a live stream you are free to do so. There will be no accountability for your actions and you are free to steal hundreds of thousands of dollars. The casino, and employees who might help you, are not accountable
— Veronica BLM (@Angry_Polak) June 3, 2020
“Just letting the poker community know that if you decide to cheat on a live stream you are free to do so. There will be no accountability for your actions and you are free to steal hundreds of thousands of dollars. The casino, and employees who might help you, are not accountable,” Brill wrote.
Joey Ingram, the poker podcaster who spent countless hours on YouTube investigating Postle, called out the judge. He wrote: “The Postle civil case has been dismissed. It doesn’t seem like this judge had much an idea what was going on during the initial hearing.”
Ingram also said he’s spoken to Postle and that Postle still maintains his innocence. Upswing Poker co-founder Ryan Fee referred to the case dismissal as “complete b******t,” but said he takes solace in knowing Postle’s “reputation is torched far and wide forever due to the power of the internet.”
The case isn’t officially over just yet. Plaintiffs have 20 days from June 3 to file an amended complaint against King’s Casino and Justin Kuraitis. Postle, however, is off the hook. VerStandig said on Twitter that he’s disappointed in the judge’s ruling, but will “continue the fight with an amended pleading.”
source https://casinonewsblogger.com/mike-postle-poker-cheating-civil-suit-dismissed-before-it-goes-to-trial/
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