Mike Postle's Results, Stats. AKA Michael Postle. Date Country Watch Place Prize GPI Points; 12-Aug-2019: United States: $ 120 No Limit Hold'em Quantum $100k GTD, Citrus Heights. Mike Postle has been accused of cheating on the Stones Live Poker stream, we will review one of his sessions to see what we can find. Tonight is the 5th nigh. If you have been following the world of poker over the last week, you know about the Mike Postle cheating scandal that has rocked live poker. Lower stakes poker pro Mike Postle has been called out by everyone from Joe Ingram to Doug Polk for what appears to be to some as clear instances of cheating. Mike Postle was an American professional poker player. His exact age is unknown, but he's estimated to be around 40 years old. He made a number of dubious and unverified claims about his success as an online poker player.
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On Wednesday, June 3, United States District Judge William B. Shubb granted motions to dismiss filed by King's Casino (parent company to Stones Gambling Hall), Justin Kuraitis, and Mike Postle.
The massive decision stands as the biggest development so far in the high-profile cheating case that dominated the poker world last fall in which Postle was alleged to have profited around $250,000 in live-streamed cash games at Stones through nefarious but never proven means.
According to court documents obtained by PokerNews via Pacer, the judge sided with the argument put forth by King's that the plaintiffs' various claims were 'not cognizable under California law because California public policy bars judicial intervention in gambling disputes, in part because the asserted damages are inherently speculative' as laid out in Kelly v. First Astri Corp.
While some of the charges were dismissed with prejudice, meaning they're settled barring an appeal, the door was left cracked on some, so an amended complaint can still be filed by the plaintiffs who took the case to court last October.
Unfortunately for those who wished to see Postle punished for his alleged cheating, the charges against him fell into the former category. At this time, there's no word on whether an appeal will be filed.
A request for sanctions against Postle for allegedly underhanded legal work was also dismissed.
Mac VerStandig, attorney for the plaintiffs, indicated his disappointment with the ruling in a statement to 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 has not responded to PokerNews' request for comment at time of publication.
Postle Dismissal Predicated on California Gambling Law
Judge Shubb's granting of Postle's motion to dismiss was predicated squarely upon a California law that specifically addresses gambling losses.
Shubb wrote that 'monies lost to Mr. Postle' and 'the loss of opportunity to earn monies through honest games of poker' are 'quintessential gambling losses that are barred for recovery by California public policy.'
'Today, the California state legislature still has not created a statutory right to permit individuals to recover their gambling losses, although other states have done so.'
'Accordingly, 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 relied on the aforementioned case, which dates from 1999.
'Today, the California state legislature still has not created a statutory right to permit individuals to recover their gambling losses, although other states have done so.'
A further charge that Postle's cheating violated Racketeer Influenced Corrupt Organization Act (RICO) due to his alleged use of wire transmissions was dismissed because 'gambling losses are not sufficient injury to business or property for RICO standing.'
As for Postle's alleged legal indiscretions, the judge simply dismissed them out of hand. The plaintiffs sought sanctions under Federal Rule of Civil Procedure ('Rule 11') after alleging Postle used an attorney ghostwriter to author his motion to dismiss when he was purportedly representing himself.
'Regardless of whether Postle had his 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,' a four-page ruling read. 'It is therefore ordered that plaintiffs' motion for sanctions be, and the same hereby is, denied.'
Stones, Kuraitis in Clear as Well
Judge Shubb dismissed all of the claims against the venue and the house tournament director, who also headed the livestreaming operation as well.
Allegations of fraud, according to Shubb, lacked specificity:
'They do not allege the cost of the rake during each game, let alone what they contributed individually. Instead, they offer nothing more than a general allegation that the rake amounted to 'tens of thousands of dollars during the life of Mr. Postle's scheme.'
Claims of constructive fraud, which require a fiduciary or confidential relationship, were attacked by Stones when it contended the venue 'did not owe a general duty' to gamblers, a claim with which the judge apparently agreed. The lack of special relationship between players and venue also led to dismissal of negligence claims.
As for negligent misrepresentation, the judge targeted the plaintiffs' failure to disclose the identity of Postle's alleged accomplice.
A libel claim from Veronica Brill, stemming from Stones tweet calling her accusations against Postle 'completely fabricated,' was dismissed on the grounds that it can't be proven the tweet was directed at her since dozens of others participated in the suit.
Similar fraud and negligence accusations against Kuraitis were dismissed on similar grounds.
Case Expected to Continue in Some Fashion
VerStandig expressed his dismay with the dismissal to PokerNews:
'In 1851, California established a precedent of not permitting litigation related to claims stemming from card games,' he said. 'It is a policy with which I do not agree in this day and age of legalized gaming, and one I am disappointed a legal gaming parlor would rely upon. But I am also heartened the court has acknowledged that our claims to recover the rake collected by Stones potentially fall outside the contours of that policy.'
Judge Shubb did leave open the possibility of hearing an amended complaint on several of the charges. Notably, fraud and negligent misrepresentation by Stones and negligence by Kuraitis are among them. Chiefly, it seems as VerStandig said, the rake can be specified and potentially recovered.
However, that won't be enough to satisfy many onlookers and Brill herself, who tweeted her disgust in the aftermath of the news:
Just letting the poker community know that if you decide to cheat on a live stream you are free to do so. There wil… https://t.co/rI3f990q0j
— Veronica BLM (@Angry_Polak)Expect the case to continue to play out with, at a minimum, an amended complaint.
'The court has given us leave to amend, and I anticipate we will avail ourselves of that right,' VerStandig said. 'The court's opinion acknowledges the core viability of certain claims (obviously without making any judgment as to facts), and we look forward to restating those claims in a manner that will comport with the court's order.'
However, any amended complaint will only be in regards to Stones and Kuraitis. In regards to this case, Postle will walk away scot-free barring an appeal.
Mike Postle Poker Cheater
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The plaintiffs in the court case surrounding the Mike Postle cheating allegations are likely to receive a settlement, according to the latest filing in the case.
Veteran gaming attorney Mac VerStandig, who is representing the 88 plaintiffs, filed a third request for a time extension for an amended complaint on August 5. In the filing, VerStandig states that a settlement has been reached, but the two sides need more time to work out the details.
The original complaint was thrown out of the U.S. District Court in the Eastern District of California by Judge William B. Shubb in June.
'Counsel for the parties have reached an agreement as to the principal terms of a settlement of this case, but require additional time to finalize the settlement,' wrote VerStandig in the filing.
VerStandig also noted that since the case isn't a class action lawsuit, more time is needed. The attorney must communicate with all 88 plaintiffs individually and verify that they agree to the terms of the settlement.
Postle is accused of cheating in low-stakes live streamed poker games at Stones Gambling Hall in the Sacramento area. Based on his unorthodox play and consistent winning sessions that led to him winning upwards of $300,000 in mostly $1-$3 and $2-$5 no-limit hold'em games, many in the poker community believe he had access to the hole cards.
The accusations were originally brought to light by former Stones employee Veronica Brill last fall. Several high-stakes poker pros agreed with Brill's accusations based on the statistical unlikelihood of Postle winning that much money at those stakes coupled with his on-camera plays.
After Shubb dismissed the initial case two months ago, VerStandig tweeted that the case was not dead and he was going to continue to exhaust legal options before giving up. It seems likely that negotiations took place between the two sides as VerStandig began drafting an amended complaint.
The filing gave the plaintiffs until September 11 to file the amended complaint. It's likely terms of a settlement will be reached by that point. You can read the entire filing by clicking on the image below.
Postle is still fighting a second legal battle in Nevada with poker pro and vlogger Marle Cordeiro.
