By Evert Caldwell
Does anyone actually believe Tampa Bay Downs and Maryland Live! were guilty of any wrongdoing related to the PPC debacle ?
On January 18, 2017 Haley Hintze reported on FlushDraw.com the PPC lawsuit was the result of an alleged ponzi scheme run by tour owners Sandy Swartzbaugh and Bryan Oulton, in which several poker players didn’t receive their winnings from an annual event held in Aruba in 2016.
The suit asserted five counts of action against Tampa Bay Downs, including two separate claims on negligent misrepresentation by Tampa Bay Downs and its Silks Poker Room, Negligence, Unjust Enrichment, and Negligence per se.
Their crime ?
A statement by attorney Mac VerStandig to Flushdraw explained, “Tampa Bay Downs furnished dealers and floor staff for the PPC Main Event, and did a lot of co-branding with PPC.”
Chad Holloway of PokerNews reported recently that Tampa Bay Downs denied those allegations.
The lawsuit listed a more detailed description of the alleged “associated liability” including how the Tampa Bay Downs’ website contained a PPC page “clearly indicated on menu bars”, advertised the Silks Poker Room logo along side the PPC logo, and ran ads and promotions giving the tour an “aura of legitimacy.”
Hintze offered her insight behind the reason Tampa Bay Downs was included in the lawsuit; “As with the listing of Maryland Live! a co-defendant in the earlier case, a “deep pockets” move in case the PPC is unwilling or (more likely) unable to pay, the filing here identifies a defendant with alleged associated liability.”
Maryland Live!’s Alleged Involvement
Regarding Maryland Live! Hintze reported; “In addition to the alleged liability, the Maryland casino was certainly included for its “deep pockets” status.”
“While the PPC has entered into contractual relationships with many casinos and venues, the lawsuit alleges that Maryland Live! was an active partner with the PPC, doing considerable promotion of the PPC tour, and thus helping to defraud the affected players.” – FlushDraw.net
In reviewing this case it’s quite apparent PPC operators Swartzbaugh and Oulton were responsible, likely from their mismanagement of funds. To claim it was an actual ponzi scheme is a stretch, but whatever you want to call it, there’s no doubt the players were wronged.
The issue though, is not that the businessmen were sued, but the inclusion of Maryland Live! and Tampa Bay Downs.
At the very least it’s disingenuous to single out a couple of venues from a tour that was in operation for over 4 years and point the finger at them for giving it its “aura of legitimacy.” The tour included numerous stops at multiple reputable venues like Harrah’s North Kansas City, Horseshoe Tunica, Fort Pierce Jai-Alai, and The Golden Nugget in Las Vegas, to name a few.
Tampa Bay Downs ended up settling for $80,000 while not admitting any wrongdoing or criminal conduct. To fight and win the case would no doubt have cost much more.
Why has no one in the poker media even questioned the tactics used here ?
While it is unfortunate the Plaintiffs were swindled out of their poker winnings, suing casinos or card rooms that appear to have had nothing to do with their actual losses isn’t the remedy.
PokerNews, who partnered with the PPC in 2013, promoted it, and employs VerStandig as an editor, didn’t offer an explanation as to why other venues or PokerNews itself escaped scrutiny in the scandal in its recent update. Rather, it seemed to be fine with Tampa Bay Downs having to pay up;
“Toss in the settlement from Tampa Bay Downs and that means the Plaintiffs recouped $200,000 of the nearly $300K due to them.” – Chad Holloway
“The ($80,000) lump-sum payment was distributed as follows among the plaintiffs“
- $19,346.11 to Stephen Deutsch
- $12,654.65 to James Beadnell
- $5,963.36 to Michael Lerner
- $3,454.35 to John Ott
- $1,781.53 to Joan Sandoval
- $22,400 to Trustee
- $14,400 to VerStandig Law Firm
If you feel you’re entitled to your new windfall, sleep well.
It’s not clear if anything was extracted from Maryland Live!
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In 2007 Rounder Magazine recognized Mike Postle as an elite pro and provided him with merchandise to promote the Rounder brand. No other considerations have been provided. Mr. Postle has never had ownership rights, nor has he ever been employed by Rounder. Rounder Life Media is not in a position to determine Mike Postle's guilt or innocence. This will be determined by the official investigation(s) being conducted, or through a court of law, not speculation. We will continue to pursue all relevant facts related to this case and report such, whether they support or disprove the charges.
