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After
an intense week of digesting lots of videos, interviews, articles and
forum reaction, it's time for me to give my conclusions on the lengthy
Full Tilt Poker saga. On September 7th, @taylorcaby tweeted "As I get older I've realized that people do seem to 'get what they deserve.' A lifetime is a long time."
I found the comment intriguing and responded that I thought it would
make a great blog topic to expand further on his thoughts. Although he
didn't respond, I found his comment to be very apropos regarding my
thoughts on what to take away from the entire FTP experience. These
thoughts have simmered for months and only recently were reinforced by
the Andy Bloch and Howard Lederer Full Tilt Poker interviews. This will
be a lengthy blog, but one with a goal of trying to gain some closure.
Before
I jump into my observations, let me say I'm no expert on Full Tilt
Poker. I never worked for Full Tilt Poker and I have no inside sources.
The perspective I share is from someone who was a former player, a
former affiliate, a former poker content manager responsible for
reporting on industry news and mostly in my personal blog capacity to
bring my experience and common sense to different elements of the poker
world.
"It's only weird if it doesn't work." - lyric from Stevie Wonder's "Superstitious"
We
live in a world dominated by those who come out on top. Your results
dictate our perceptions. Successful companies and successful people
generally revel in the adulations of the public regardless of the
technique they took in achieving their goals. But if that dynamic
changes and you fail or go broke, the tides turn and everything is
scrutinized.
The
story of Full Tilt Poker is a complex one and yet very simple at its
core. Some notable poker players began an online poker business to
leverage their live success. Much as they did at the poker table, they
were strategically looking for edges to exploit so they could build a
business and enrich themselves further. Instead of trying to incorporate
a diverse set of experienced business professionals into their
ownership and management team, they chose members from the clubby and
informal poker community. That same poker world that is rife with
non-conformists, big risk-takers, and slackers. It is also a world full
of stories of making it rich, being cheated, overall degeneracy, and
money changing hands without much if any literal or moral collateral.
The
leadership structure of Full Tilt Poker was kept simple; calling for a
yearly election of five Board of Directors (BoD) to guide the company.
As Howard Lederer admitted very early on, after Phil Ivey resigned from
lack of interest and Perry Friedman resigned due to troubles working
with CEO Ray Bitar, Full Tilt Poker never held any yearly elections or
ever filled all five seats (the same 4 members served every year until
Black Friday). Poker industry commentator Bill Rini noted in his
insightful interview reaction blogs (1 and 2),
that despite upgrading their technology, facilities and numbers of
employees to handle their increased success, FTP never prioritized
improving their professionalism and oversight of their business from a
systems and oversight perspective.
According
to Lederer, the BoD played a loose hands-off advisory role; unlike most
boards that emphasize outside members with experience and expertise to
enhance the company skill set and contribute important strategic
decisions while holding management accountable. The essential checks and
balances necessary to manage a business doing hundreds of millions in
business were never put in place. Howard Lederer confirms this when he
admits his greatest regret was that Full Tilt Poker continued to operate
with an outdated California LLC start-up geared Operating Agreement
despite the company moving to Ireland (with sizable Canadian
operations), leaving the largely American ownership very much removed
from daily operations.
In
spite of this shortcoming, three key decisions propelled Full Tilt
Poker to become the second largest online poker room in the world.
First, early on they seized on the idea to recruit and promote the best
and coolest poker pros; encompassed in the classic slogan "Learn, Chat
and Play with the Pros." Secondly, Full Tilt Poker invested heavily in
their software, features and promotions to create a great atmosphere and
playing experience for poker players of all levels. Lastly and most
importantly, when the United States passed the UIGEA in 2006 Full Tilt
Poker chose not to stop serving the U.S. market, largest by far in the
world, unlike many of its competitors. That risky decision helped them
gain tremendous market share and revenue giving them momentum for years
to follow. Full Tilt Poker and PokerStars both became the elephants of
the online poker world using their quickly increasing revenues and
marketing to largely marginalize the dozens of online poker room
competitors.
With
their improved financial situation after the UIGEA, Full Tilt Poker
began ownership disbursements of roughly $5 million a month starting in
April of 2007. Those monthly ownership disbursement eventually grew to
roughly $10 million a month all the way up to April 1, 2011, two weeks
before Black Friday. Over those four years, roughly $444 million was
distributed to the 23 owners despite poker industry analysts asserting
that Full Tilt Poker was largely insolvent the last 12-18 months leading
to Black Friday.
The
reasons for Full Tilt Poker's arguable insolvency all relate to the
decision to skirt UIGEA legislation. The U.S. Department of Justice was
pressuring payment processors seen as doing business with online
gambling companies. When firm cases were established, large sums were
seized. In the face of increasing commercial success, Full Tilt Poker
chose to consider it a cost of doing business and kept finding new
riskier payment processors and depositing methods. Although no
definitive report has been made public, there are some indications that
$115 million was lost to government seizure pre and post Black Friday.
Another poker reporter, Diamond Flush, claimed that three seizures alone
in 2009 amounted to $100 million in lost customer/company funds. Then
there is the 2008 case of third party payment processor, Intabill (run
by Daniel Tzvetkoff) who stole $42 million of Full Tilt processed funds.
In a cruel taste of irony, Tzvetkoff was fingered to the FBI for his
malfeasance by Full Tilt Poker with Tzvetkoff then turning the tables to
provide insight and evidence that helped build the eventual DoJ Black
Friday case.
Around
November 2010, in the face of a deteriorating operating environment,
the decision was made to start crediting player accounts despite the
charges not going through to player's bank accounts. In the following
six months 130,000 customers would be credited with deposits of over
$134 million. The collection backlog was eventually worked down to
around $100 million when Black Friday shut down American operations.
Lederer later claimed that the eventual cash coverage report determined
that only $10 million of that money was ever possible to recover.
Mathew Parvis, the PokerNews Chief Creative Officer who interviewed Lederer, reinforced the notion
of an overwhelmed company. "Full Tilt Poker grew to levels that nobody,
including the owners themselves, could ever have imagined. Everyone,
with Ray Bitar leading the way, was in way over their heads but were all
too stubborn to realize that the company would have been much better
off in the hands of successful, qualified executives. The whole group of
23 was making a killing with distribution checks, so with so much money
coming in, even with all the red flags and questions in regard to Bitar
and others qualifications to lead the board, and the membership simply
turned a blind eye. This was their biggest mistake and what Full Tilt
Poker customers and the poker community should be appalled by."
"It's easier to believe the bad stuff." Julia Roberts' character in Pretty Woman
My
biggest reaction after having watched the seven Lederer Files
interviews, read Andy Bloch's interview and the poker community reaction
was that I had witnessed the ultimate blame game in action.
For those unfamiliar, there is an actual Blame Game. I've condensed the rules for your enjoyment.
1. Anyone playing is never allowed to take responsibility for anything that ever happens. 2.
Someone else or multiple others must be given the blame for what has
gone wrong, regardless if they are actually responsible, or even
involved in the situation. 3. A motive or reason for the behavior of the recipient of the blame must be created; whether its based on facts doesn't matter. 4. Mixing in indignation and vitriol can add points to your blaming score for its intensity.. 5.
Blame can be attributed through any convenient communication medium:
interview, Twitter, blog, article, telephone call or email. Each medium
has its advantage in speed and inability to respond or debate the
blaming. 6.
Getting other players to join you in assigning blame, gets you more
points. There is power in numbers and your new blaming community can
commiserate at their collective misfortuned to to the blamed. The
community will help you avoid introspection or the misfortune of taking
responsibility for your actions.
In
the wake of the indictment, eventual collapse, settlement and sale of
Full Tilt Poker, people are looking for who to assign blame. Most people
profess outrage and disgust as they attribute blame. My desire is to
highlight the main players who deserve our scrutiny. In my conclusion, I
will share my own thoughts on responsibility.
According to Howard Lederer, there are 23 owners of Full Tilt Poker. We can start there:
Chris Ferguson - Largest
owner and founder (19.2%). He earned $87 Million in distributions, but
eventually only received $25 Million. He was good friends with Ray
Bitar from before FTP's creation and Chris was the main reason Ray Bitar
was named and remained CEO the entire life of FTP despite stiff
opposition at times. He is said to have never wanted distributions,
insisting they would only weaken the company. He preferred living humbly
and gave most of his eventual distributions to his African charity.
After Black Friday, he gave back $14 million of distributions that were
in transit to help the company's cash flow. He loaned Erick Lindgren $2
million right before Black Friday.
Howard Lederer - Board
of Directors/Owner/Former President (8.6%) He received $42.5 Million is
disbursements. He owed FTP $700k and paid it back after BF. According
to Lederer and others, Howard was extremely involved in FTP until the
move to Ireland and professes ignorance of all fraudulent activity
leading to insolvency and Black Friday. He painted the picture of being
the most passionate owner to see that some positive resolution came
after Black Friday. Outwardly, he chose not to focus on blame, but
seeking a solution to the predicament. His interview deflects much
personal responsibility while shedding light and blame on Ray Bitar, the
CFO's, and other owners (Phil Ivey, Phil Gordon, Perry Friedman, John
Juanda, Erick Lindgren and others).
In
his lengthy interview, Lederer tried to communicate a clear narrative
of not caring who was at fault for making FTP break, but that it was a
terrible situation that had to get fixed and that he invested himself
fully in seeing it done. Although a believable narrative, that doesn't
begin to address how FTP arrived at that point. Many assert that
Lederer, as a BoD member, sizable owner , and former very involved
President should've been more aware and accepted more blame, rather than
doling it out to everyone else. Few doubt the intelligence of Lederer,
but very intelligence undermines many of his "I Don't Know" interview
answers (I Don't Know parody video, Who's On First parody video, Lederer Confesses parody video).
Except for a couple minutes here and there, Lederer seemed to lack the
humility, culpability or apology that most felt the situation deserved.
As Lederer's harshest critic, Daniel Negreanu insisted that the poker
world didn't deserve Lederer's silence, but instead found it
"unconsionable[sic], no excuse, they deserved their money and
explanations."
In
Lederer's words "I was the owner of a company that got itself into a
really bad situation, but I didn't actively create that situation. I
didn't ever approve any fraudulent reports that were sent off to
Alderney or our customers. I went to Dublin on April 17th to try to
figure out what was going on and when I found a problem I committed
myself to trying to fix it. and I made a decision on that day, the 21st,
the only thing that mattered to me until i was either successful or
completely unsuccessful that I was gonna try to use the assets of the
company to affect a deal to get our customers paid. It wasn't all up to
me, but I knew whatever I could do I would.
As
an owner of Full Tilt Poker, I took and take full responsibility for
what happened. It wasn't right and it caused a lot of pain and
suffering and in some cases inconvenience for 3 million customers. That
wasn't right. For that I'm truly sorry."
Ray Bitar - CEO (7.6%)
$40.8 million in disbursement. Bitar ran a day-trading business before
FTP. Generally considered overmatched with the skill set necessary for
running what Full Tilt Poker would become. He was seen as passionate, a
hard worker, who was willing to do what others weren't to grow the
business. All sources indicate he is most responsible for the fraudulent
decisions that brought FTP to Black Friday and its eventual collapse,
closure, and sale to PokerStars leaving all owners with nothing. Charges
of nepotism follow him for having hired numerous family members to
positions at Full Tilt Poker. Even after Black Friday, Bitar continued
to collect roughly $200k+/mo.
Phil Ivey
- Owner (?%) The most popular pro on Team Full Tilt. He owed millions
to FTP in loans as of BF. Considered lazy by other owners. Tried to
bring in a buyer after Black Friday, then sued when his frustrations
grew at not being released to work with another poker site. Despite a
very negative portrayal by Howard Lederer, Bill Rini notes that Ivey's
name being associated with Full Tilt brought in far more money than Ivey
took out of the company (e.g. most popular/used pro, best click thru
ads).
John Juanda -
Owner (3rd biggest %). Disbursements are explicity stated but should be
north of $40 million compared with other sizable owners. He owed $250k
to the company. He belonged in the anti-Bitar camp who felt he should be
replaced and wasn't to be trusted.
Andy Bloch - Owner
(?%) In June 2011, he joined those seeking to replace Ray Bitar and the
board, but felt deceived and overwhelmed by the position.
Perry Friedman - Owner
(?%) and on the early Board of Directors. He was also an early
developer on the site. He was the first to resign after having doubts
and problems with Ray Bitar. He took a very hands off approach in
resulting years.
Rafe Furst - Owner
(2.6%) He received $11.7 million in disbursements. He was one of the
Board of Directors until resigning after Black Friday and FTP losing the
Alderney license.
Phil Gordon - Owner
(?%) He belonged to the anti-Bitar camp and attempted to oust Bitar
post Black Friday while vehemently trying to ferret out who was to blame
for FTP's predicament.
J.K. Scheinberg - Small
non-poker player owner member in the anti-Bitar camp. In June 2011, he
assumed the very short lived CEO role when Phil Gordon's group
temporarily removed Bitar from office. It last five days before he
capitulated and went home.
Gus Hansen - Owner. Hands off until after Black Friday where he demonstrated his acumen and passion to see the players repaid.
Tom Dwan
- The newest and youngest owner. He wasn't involved in the operations,
but heavily in promotions due to his popularity with younger players.
Early on, he infamously promised to give up all his earnings from FTP
(over a million) to help pay back players if FTP didn't eventually make
good. He owed FTP around $1.5 million and agreed to pay it back in
August 2012 if FTP was still having difficulty finding an eventual
buyer.
Erik Seidel -
Owner (?%) John Juanda asserted and Howard Lederer confirmed that Full
Tilt Poker stole $5.4 million from Seidel at some point. Despite that,
Lederer insisted that Seidel was a consistent quiet advocate seeking
that all customers get paid.
Erick Lindgren
- Owner. Fun-loving but troubled gambler. Chris Ferguson loaned him $2
mill April 7th, days before Black Friday to help him settle another
debt. FTP accidently wired him another $2 mill, that he has yet to pay
back. Lindgren has garnered a very troubled reputation as a welcher of
sports and fantasy sports bets.
Allen Cunningham - Owner (?%) No mention is made of his ownership role.
Patrik Antonius - Owner (?%) Heavily used in promotions and popular amongst players. No mention is made of his ownership role.
Full Tilt Poker
CFO's
- The Chief Financial Officer of any company is largely responsible for
reporting the proper accounting and financial health of the company. As
such they are critical in overseeing any key decisions made to weaken
or compromise the health of a company and deserve significant
responsibility in the failure of Full Tilt Poker. While I don't have
much information on the history of several FTP CFO's, I'm told that Gil
Coranado was influential and largely responsible for setting up many of
the systems and may have helped perpetrate the various financial frauds.
There is also brief mention by Lederer of Alan ?., a previous CFO
mentioned as likable and competent.
FTP Management
- I have no knowledge of what other key executives were aware of the
various company frauds and abuses, although some would have to have been
instrumental in carrying out actions dictated by upper management.
Nelson Burtnick, head of Full Tilt payment processing, is an example of
an employee who was complicit with some of the fraudulent actions.
Management and employees always seemed to struggle in the face of
ownership directives that 'big names' were to be treated differently.
Outside of FTP
FTP Loanees
- Despite Howard Lederer's insistence that there was a 'culture of
poker' which included regular loaning of money to notable pros. The
cavalier way in which Full Tilt Poker handled and tried to collect loans
it gave various poker pros was highly unprofessional and irresponsible.
Sizable loans by a company shouldn't be authorized by staff, the CEO
Ray, or even the board, but rather be authorized by shareholders who
bear the ultimate responsibility. With that in mind, I mention a few of
the non-owner notable poker pros who reportedly owed or still owe FTP
money: (I'm told the list is much bigger)
David Oppenheim - owed money David Benyamine - at one point owed millions Barry Greenstein - owed $150k, intending to pay back the new owner PokerStars Mike Matusow - was known to have owed FTP money at various points.
Alderney
(AGCC) As the main licensing body for Full Tilt Poker, they had
responsibility to ensure proper capital and financial health to maintain
their gaming license. Some claim they didn't maintain proper oversight,
while others insist that Full Tilt Poker falsified and forged records
to create a healthy business picture. Should they have dug deeper or
done independent verification? Howard Lederer claims the AGCC was
responsible to indicate if FTP was financially solvent for their
licenses, but in post-Black Friday negotiations even the AGCC seemed
unsure of their own standards by initially stating $300 million and then
$150 million in capital was acceptable for customer responsibilities.
It remains unclear what was the proper role and responsibility of
Alderney.
U.S. Department of Justice
(DoJ) The DoJ was charged with enforcing the 2006 UIGEA legislation.
Their uneven investigations, seizures and enforcement caused havoc for
online poker rooms. Their efforts made players feel criminal when only
payment processors were strictly illegal. Their actions ultimately held
hostage poker players money. Representing a law that was sneakily passed
and mostly unpopular, The DoJ ultimately got a large settlement of
$731 million from PokerStars.
"Man is condemned to be free; because once thrown into the world, he is responsible for everything he does." - Jean-Paul Sartre
The
title of this blog sensationally claims we all deserve responsibility.
It is an unpopular message in a culture and society that prefers to
deflect blame. The blame game is a big and serious one. But if we are to
ever learn from the past, we must accept our role in it.
- The 23 owners of Full Tilt Poker who received great wealth but didn't actively participate or question deserved what they got.
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The 23 owners who refused to communicate clearly or accept deals
shortly after Black Friday out of greed deserved what they got.
-
The Board of Directors who took a hands off role, not monitoring,
questioning, or leading appropriately, deserved what they got.
-
FTP Management and employees who followed orders or put out statements
that may have been illegal or violated business ethics deserved what
they got.
- Red Pros who profited and enjoyed the benefits of status deserved what they got.
- The AGCC who didn't insist on segregated funds or audit carefully enough deserved what they got.
- Around 130,000 players who deposited over $130 million but weren't debited from their accounts deserve what they got.
-
Three million customers/players who played on a poker site that was in
violation of UIGEA, documented funds seizures, and poor customer
service, deserved what they got.
As
history has indicated, what devalues people and companies the most is
not their actions, but their resulting cover-ups and lies. Humans have
an amazing capacity for forgiveness. They also have an amazing capacity
to avoid, lie, and deflect. As Bill Rini and vocal critic Daniel
Negreanu have stated, FTP mishandled so many aspects of their misdeeds.
Rini's
suggested FTP statement that was never made "While the board and I had
no knowledge of Ray's actions, we are the board of directors and that
means that the moral and ethical responsibility falls on us. We didn't
do a good enough job protecting the company, protecting the investors,
protecting our employees, or protecting our customers from the actions
of a rogue executive who violated every principle we stand for."
Negreanu's
suggest FTP statement to players "I'm terribly sorry for those players
who haven't received their funds yet and while I'm unsure what will
happen at this point, I can assure you that FTP will do everything it
possibly can to make the players whole."
Rini's
suggested follow up statement "We realize we've made some statements
after Black Friday which we have since found to be untrue. We relied on
information provided by members of management who did not provide us
with an honest picture of the company's finances. Those people have been
removed from their management roles, we have a new team of people
auditing the company, and we are getting to the bottom of this."
In
the end, I'm not saying that all injustices that occur are our fault.
It isn't our fault if someone tries to lie or defraud us (e.g. your
funds remain safe and secure, funds are segregated, our company is
financially healthy). If we accept their words without questioning,
then we also accept partial responsibility. It is our responsibility to
be more vigilant. Ignorance is no excuse. If we profited, we are
complicit.
If
I drive to the local store to get some groceries and a drunk driver
hits me, am I at fault? It is easy to blame them, but we live in a world
where every action we take has inherent and potential risks. We need to
be responsible for putting ourselves in situations where harm can come
our way.
In that context, I got what I deserved. We all got what we deserved. And we deserve better.
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