Thursday, U.S. District Court Judge Roger Hunt turned down a motion filed on behalf of World Series of Poker (WSOP) winner Jamie Gold to remove the injunction freezing half of his US$12 Million prize. The injunction had been set in September to prevent Gold from accessing the remaining $6 million until the lawsuit filed by TV producer Bruce Crispin Leyser is resolved. The remaining $6 million is still held by the Rio casino. In his lawsuit, Leyser claimed that Gold agreed to split any winnings from the main event, to which Bodog paid Gold's entry fee, in exchange for Leyser finding celebrities to play in the event while wearing 'Bodog' labeled gear. Leyser alleges he fulfilled his part of the deal by arranging for 'Scooby-Doo' star Matthew Lillard and 'Punk'd' comedian Dax Shepard to wear Bodog's branded gear in the event. Leyser also kept a voice mail from Gold saying he promised to pay Leyser "your half." The voice mail was recorded on the final day of the event, before Gold won the tournament and the $12 million. Leyser filed the lawsuit when Gold refused to pay him half the $12 million, and requested an injunction to freeze the half in question. Gold later said in an affidavit that he only intended to make a gift of some of his winnings, but it never amounted to 50 percent. He also accused Leyser of harassing him with text and phone messages during the tournament. Leyser subsequently filed an affidavit that the deal was a business deal based on his delivery of the celebrities, not a gift as Gold alleged. A business deal is binding, whereas a gift is not. So a business makes a much stronger case in favor of Leyser. Judge Hunt said if the injunction were lifted, he had concerns whether Gold would pay the $6 million to Leyser if the TV producer were to win his case. "His [Gold's] actions, in the court's view, do not give the plaintiff [Leyser] much assurance that the money would, in fact, be available in the event of a judgment in his favor," Hunt said. The judge also commented that Leyser is likely to win his claim to the $6 million, saying, "The likelihood of success weighs on the side of the plaintiff ." Leyser's lawyers hailed the judge's 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 lawyer, Patrick Byrne, said he was, "Disappointed, yes, but not surprised."
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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