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Copyright © 2006 Seattle Post-Intelligencer
HEADLINE: Judge keeps poker prize on ice
Body:
WSOP winner may have to settle for half of the pot
A judge turned down a motion to lift a freeze on half
the World Series of Poker pot and said a TV producer would likely
win his claim to the $6 million.
U.S. District Court Judge Roger Hunt turned down the motion by
lawyers for main event winner Jamie Gold to lift an injunction
set in September on half the $12 million pot won in the annual
no-limit Texas
Hold 'em tournament.
Hunt said he had concerns Gold would turn over the money to plaintiff
Bruce Crispin Leyser if the TV producer were to win his case.
"His actions, in the court's view, do not give the plaintiff
much assurance that the money would, in fact, be available in
the event of a judgment in his favor," Hunt said. "The
likelihood of success weighs on the side of the plaintiff."
The injunction keeps the money in the legal possession of the
tournament's host, the Rio hotel-casino, until the case is concluded.
Gold has already withdrawn half the winnings, or $6 million, most
of which he has placed in an investment account, his lawyers said.
Leyser alleges that Gold, a former Hollywood talent agent, agreed
in July to split his winnings in exchange for Leyser helping him
find celebrities to play in the main event while wearing the "Bodog"
label of an offshore Internet gambling site.
Bodog paid the $10,000 entry fee for Gold, who beat 8,772 players
to win the world's largest poker tournament and the $12 million
top prize.
Leyser alleges he fulfilled his end of the deal -- getting Scooby
Doo star Matthew Lillard and Punk'd comedian Dax Shepard to wear
the brand, but Gold has refused to pay Leyser.
Leyser's lawyers hailed the decision.
"We're pleased with this result because it prevents the
money from being squandered by someone who admits he didn't keep
his promise," lawyer David Chesnoff said.
Gold's lawyers said they were not surprised by the decision.
"Disappointed, yes, but not surprised," Patrick Byrne
said. "We recognize our client made the promise. But we believe
that when all of the evidence of the case is before a jury that
they will see there was no consideration for the agreement."
Byrne argued that Gold promised to share his winnings only after
Leyser had gotten celebrities to play, reducing the arrangement
to a gift, rather than a binding oral contract.
Leyser has kept a voice mail from Gold on the final day of the
tournament in which Gold promises to pay Leyser "your half."
Gold later said in an affidavit that he intended only to make
a gift of some of his winnings, but it never amounted to 50 percent,
and accused Leyser of harassing him with text and phone messages
during the tournament.
Both sides agreed Thursday to have the judge move the frozen
funds into an interest-bearing account while the case proceeds.
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