LOS ANGELES (CN) - High-stakes poker players claim that UltimateBet stole $20 million from "crooked" online poker games by exploiting security flaws that allowed others - or the website and its operators themselves - to see players' hole cards.
In the federal RICO complaint, eight named plaintiffs claim they lost $2 million in the rigged games. Lead plaintiff Daniel Ashman says the cheating scandal has "been the subject of intense public interest and scrutiny."
Named as defendants are the online poker and gambling website operator, 6356095 Canada Inc. aka Excapsa Software, and 10 John Does.
The complaint states: "UltimateBet (aka Ultimatebet.com) is an online poker and gambling website that has and continues to serve players in the United States. 6356095 Canada, Inc. (formerly Excapsa Software, Inc. or 'Excapsa') and Does 1-10 are holding companies, licensing entities, marketing companies, software firms, and individuals organized in or residing in jurisdictions throughout the world that developed software for and/or operated UltimateBet by and through which owners of Excapsa sought to direct and shield its illegal and fraudulent activities from courts, police, and tax authorities. Individual Doe defendants are owners, operators, officers, employees, and/or agents of Excapsa. While UltimateBet is not itself a legal entity, it is the vehicle through which defendants operated various conspiracies to defraud plaintiffs and the broader public.
"Since at least June 2003 and until at least January 2008 Excapsa/UltimateBet did conspire to and did direct, effect, and permit the theft of over $2 million held in plaintiffs' online poker accounts at UltimateBet.com. Specifically, by creating and making use of an intentional a security flaw in the UltimateBet.com software, and with the assistance of owners, agents, and employees of Excapsa and its various subsidiaries that operated UltimateBet, defendants either allowed others to or did directly view plaintiffs 'hole cards' during high-stakes poker matches run at UltimateBet.com.
"With the assistance of owners, operators, officers, employees, and/or agents of Excapsa and its subsidiaries, the cheaters were further able to change their online identities to avoid detection and to improperly funnel their illicit proceeds through various UltimateBet accounts in a manner that would have been impossible without insider assistance. Through these activities, defendants stole or caused to be stolen at least 20 million dollars from plaintiffs and other high-stakes poker players at games run by UltimateBet."
The named plaintiffs come from five U.S. states, one Canadian province, and Peru. "At this time, plaintiffs suspect but do not know the identities of Does 1-10," the complaint states. "Evidence, some of which is discussed below, has arisen that some of the founders and management of UltimateBet and Excapsa, including Greg Pierson, Jon Karl, Jack Bates, Russ Hamilton, and others who formerly operated (and may continue to be involved in the operation of) UltimateBet were likely aware of or involved the conspiracy to cheat players. However, because the identities and activities of UltimateBet and those who have profited from its operations has been intentionally shielded though numerous agents, subsidiaries, and foreign corporations, it will be necessary to conduct significant discovery before a complete list of defendants can be identified. After such discovery, plaintiffs will seek to amend the complaint to add additional defendants."