Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: thefactor

Illegaly obtained cash (embezzled) used in an illegal poker game.

If the plaintiff can prove that the embezzled funds were used in this illegal poker game, he’ll win.


5 posted on 06/22/2011 8:28:26 AM PDT by SJSAMPLE
[ Post Reply | Private Reply | To 2 | View Replies ]


To: SJSAMPLE

Win a worthless judgement against a penniless, unemployable gambler.
Woo Hoo!


6 posted on 06/22/2011 8:33:36 AM PDT by nkycincinnatikid
[ Post Reply | Private Reply | To 5 | View Replies ]

To: SJSAMPLE

So if he proves that he used illegal funds in the game, he’ll get the funds back? I assume he’ll have to pay those funds back to the business.


8 posted on 06/22/2011 8:37:33 AM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: SJSAMPLE
If the plaintiff can prove that the embezzled funds were used in this illegal poker game, he’ll win.

But to do that wouldn't he have to confess in sworn testimony that he embezzled those funds, thus opening himself up to some serious prison time?

9 posted on 06/22/2011 8:38:19 AM PDT by KarlInOhio (Extremism in the defense of liberty is no vice! Tea Party extremism is a badge of honor.)
[ Post Reply | Private Reply | To 5 | View Replies ]

To: SJSAMPLE
If the plaintiff can prove that the embezzled funds were used in this illegal poker game, he’ll win.

Well, no. Even if we are to stipulate that the embezzled funds were used in a poker game, once they hit the table, they were gone. The alleged victims of embezzlement are seeking money from other players in the poker games. How do you determine that Maguire "won" $300,000 from the embezzler? How do you know Maguire did not subsequently "lose" that money to another person at the table?

For that matter, if the embezzled funds were used to purchase a Slurpee, could the victims sue 7-11?

This is unlike Madoff's ponzi scheme. In that case, victims' lawyers pursued funds from other participants who had profited from the underlying scheme (wittingly or no). In this case, Maguire et. al. were not participants in the underlying act, i.e. the embezzlement. It's a lost cause.

15 posted on 06/22/2011 9:39:15 AM PDT by Mr. Bird
[ Post Reply | Private Reply | To 5 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson