Howard Lederer Files Motion to Dismiss All Charges

Update: Fellow Full Tilt founder Chris Ferguson has joined Lederer’s motion to dismiss.

Attorneys for Howard Lederer have filed an updated motion to dismiss all charges against the former Full Tilt Poker head, including those contained in the second amended complaint.

Below are links to the full text of documents filed in the late hours of November 15th, 2012.

• Motion to dismiss (2p).
• MEMORANDUM OF LAW in support of motion to dismiss (33p).  This is the meaty stuff.  It’s a pretty quick read, but there are crib notes down at the bottom of this article.
• Attached exhibits for motion to dismiss (136p – mostly copies of the complaints against Lederer)
• Supplemental claim

Interesting tidbits

Lederer owned a lot of cars – including a 2012 Audi which was possibly purchased after Black Friday.  The supplemental claim lists a 2008 Audi Q7, 08 Audi A8L, 09 Audi A, 2012 Audi A8-L and a 1965 Shelby Cobra roadster.  Here’s what the 2012 Audi looks like:

Other new docs in Black Friday case

In addition to Lederer’s filing, some other documents related to the larger case were also filed on November 15th:

• CLAIMANT MAS, INC.’S NOTICE OF MOTION TO DISMISS FORFEITURE COMPLAINT AND FOR OTHER RELIEF
• CLAIMANT ULTRA SAFE PAY, LLC NOTICE OF MOTION TO DISMISS FORFEITURE COMPLAINT AND FOR OTHER RELIEF

Related reading

This isn’t the first motion to dismiss from Lederer – it’s basically an updated version of his initial motion that addresses the new charges filed in the second amended complaint.  Here are the docs related to his original motion filed in July (prior to the  second amended complaint).  You can also check out this overview of the second amended complaint filed against Lederer (among others) in September 2012.

For the story directly from Lederer’s point of view, watch The “Lederer Files” video interview series conducted by PokerNews.  If you’re still looking for after that, here’s a lengthy analysis of the claims made by Lederer in those interviews from DiamondFlushPoker.com.

Outline of Lederer’s updated motion to dismiss

This is a summary – not my opinion or analysis. Just crib notes.

1. Introduction

• Argues Lederer is off the hook from IGBA charges thanks to IGBA decision from Weinstein and that Travel Act charge is just the government “hedging its bets” against IGBA dismissal.
• “The SAC is so structurally complex that it takes a cartographer to understand what is being alleged and against whom”

2. Background

• A. The SAC (second amended complaint) barely mentions Lederer.
• Bitar was the guy handling the emails, Lederer was just copied. Lederer didn’t make “safe and secure” claims.
• Complaint doesn’t prove Lederer was involved in bank fraud.
• B. Government asset claims are not connected properly to what Lederer actually did, and those that are “fail as a matter of law.”

3. Legal Standard – Case law and standards arguments.

4. Argument – Travel act and IGBA don’t apply to Full Tilt Poker, and if that’s true the whole case falls.

A. IGBA claim fails

• Weinstein decision
• The fact that “the complaint puts forth bare, unsupported allegations regarding violations of unspecified state laws, it fails to identify which FTP proceeds can be traced to which violations in which states”
• The IGBA does not apply overseas.

B. Travel Act claim fails

• “Because the Travel Act claim is even more attenuated, more convoluted, and more legally flawed than the government’s other theories, it, too, must be dismissed.”
• Gov ignores parts of Travel Act that require a certain degree of crime to be committed, and Lederer’s offense doesn’t meet the standard.
• Poker doesn’t fall under definition of gambling for Travel Act. Government also fails to properly articulate how FTP violated state law.

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