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Celebrity Poker Scandal

Director Wants Suit Thrown Out

Texas Hold 'Em is Legal!

8/22/2011 11:30 AM PDT BY TMZ STAFF

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The now-infamous Texas Hold 'Em celebrity poker games that have triggered a flurry of lawsuits has a new twist -- according to a famous player/director, the lawsuits are bogus because the game is legal.

Nick Cassavetes, who directed "The Notebook" and "Alpha Dog," has filed a motion to dismiss the lawsuit filed against him to take back his winnings, on grounds California law does not consider Texas Hold 'Em to be illegal gambling.

According to the docs, the game is not played as a banking or percentage game.  For example, blackjack is a banking game because you play against the house.  In Texas Hold 'Em, you play against the other players.

According to California law, the penal code only prohibits banking or percentage games.  The law singles out illegal games, including roulette, blackjack, 21, hokey-pokey, rondo, tan, fan-tan, 7 1/2, lansquenet and rouge et noir ... but Texas Hold 'Em is not mentioned.

Cassavetes is being sued by the bankruptcy trustees of Brad Ruderman -- a convicted ponzi scheme criminal who lost a lot of money in the games, to people like Cassavetes and Tobey MaguireLeo DiCaprio, Ben Affleck and others also played.

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21 COMMENTS

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1.

spyke    

that whole thing is just so stupid

976 days ago
2.

Reality     

It's insane to consider a card game where consenting adults bet THEIR own money is illegal. Oh that's right, the government doesn't get a cut. Thhhaaaat's why.

976 days ago
3.

two cents    

If that's true, then that's the end of it. Throw it out. It's all BS anyways.

976 days ago
4.

Cujeaux    

The issue isn't whether or not it was legal, it's the fact that he has fenced money, which can be considered property. It's the same if he bought fenced merchandise, he would be forced to give up the merchandise and give it back to it's rightful owners.
He's got the mindset of an addict and cares nothing about his reputation. The money is probably already gone.

976 days ago
5.

some guy    

What if Cassavetes agrees to get Taser'd then thrown out of a casino head first? Would that settle things?

976 days ago
6.

Rogue Warrior    

Well, there appears to be the angle they were looking for! That's why attorneys get the BIG bucks! It's all about interpretation and angles.

976 days ago
7.

Jackie    

LOL...I play Texas online and f!ckin loose money. Now i know why.

976 days ago
8.

Kitty    

Poker is a game of skill. It is legal.
As a poker player I want it to be regulated in the US. So I/we are asking for it to be regulated and TAXED! Yes, that is right, we want to be regulated and taxed.

976 days ago
9.

VictoriaGirl    

This such a stupid lawsuit. If this guy lost all his money at a casino in vegas, his trustees couldnt sue the casinos for all money back that he lost at gambling, so they shouldnt be able to sue these individuals.

976 days ago
10.

en Todo Momento!!    

well if the law is soooo after shutting down these games, even if they are actually 'legal', then most likely, there is something else going on and or being "arranged" 'during' those games, that the feds can't point out, but which is highly objectionable. (something that these games are being used as a front for) if i had to guess? probably some real shady sick crap...

976 days ago
11.

anony    

That's an AWESOME fake picture of Cassavetes.

976 days ago
12.

Flying Blind    

Calling Texas Hold'm a game is a joke in itself. You have no choices, it's just a long way of flipping a coin.

I guess you can wear funny clothes and sunglasses and bluff a little bit, but that's not a game.

from an ex-card counter, i wasn't gambling either, i knew the outcome for the most part.

976 days ago
13.

Batgirl    

Nick Cassavetes is a stud...leave him alone!

976 days ago
14.

MP    

These laws are so stupid. People should be able to have a fun gambling game in the privacy of their own home with their money. Government needs to butt out of people's lives.

976 days ago
15.

Leader of the ignorant masses    

The only person responsible for paying back that money is the guy who stole it in the first place. If i stole money and gambled it away at Vegas does that mean they have to give it back?

976 days ago
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