04 Jun
In shock news released last night, the case against alleged cheat Mike Postle has been dismissed by a Californian judge, the decision met with cries of disbelief across the poker community…
Postle had been accused of using underhand – and undertable – means to cheat his fellow players in a long string of livestreamed cash games, the scandal brought to light when Veronica Brill blew the whistle on him.
Almost 100 hundred players joined a $30million civil action suit brought against Postle, the owners of Stones Gambling Hall where the alleged cheating took place, and their poker manager Justin Kuraitis, who ran the StonesLivePoker stream.
Although considered far from a slam-dunk win for the plaintiffs, most expected the case to either be settled by the defendants, or at a push go to trial.
Yesterday’s dismissal of the case by Judge William B. Shubb, centred on his claim that:
“Quintessential gambling losses … are barred for recovery by California public policy.”
He explained further, using a 1999 precedent – Kelly v. First Astri Corp – to support his judgment:
“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.”
Barring an appeal, that means Postle will not face trial for his alleged cheating.
Both Kings Casino, the owners of Stones Gambling Hall, and Justin Kuraitis, also saw their cases dismissed, though without prejudice, which means amended claims can be submitted against them.
PokerNews reporter Chad Holloway was among those dumbfounded by the judge’s take on this part of the case…
…while whistleblower Veronica Brill was disgusted by the verdicts, tweeting several more times in the aftermath:
…and the lawyer who brought the $30million civil suit, Mac Verstandig, told PokerNews:
“We are in the process of reviewing the judge’s orders, and are appreciative he clearly devoted great time and thought to his rulings. While I am of course disappointed Mr. Postle has been let out of this litigation, I trust that disappointment pales compared to that of Stones Gambling Hall, which made the arguments that permitted Mr. Postle to exit the case.”
Postle was also cleared of RICO and Federal Civil Procedure claims, Judge Shubb dismissing the latter out of hand.
“Regardless of whether Postle had his [motion for dismissal] ghostwritten by that attorney or cut and pasted from the brief his attorney filed in that prior case, the court sees no reason to impose sanctions here.”
As yet there has been no public statement from Postle, neither from Kuriatis nor the cardroom owners.
Our extensive coverage of the Postlegate scandal can be viewed below for those wishing to brush up on the entire case:
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source https://casinonewsblogger.com/shock-as-mike-postle-cheating-case-dismissed-by-judge/
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