kewlJ

[Mission146]

The first thing I'm going to do is disabuse any notion that this is strictly between Druff, Dawg and KewlJ---because the fact that it's being talked about publicly gives us rights.

Besides, I think both KewlJ and Dawg can agree that they wish for this to be talked about publicly. I think that's the entire point of it...for whatever purpose doing all of this publicly serves them in terms of looking good to people who barely care. I don't think any such challenge is going to happen, but I'll discuss it in the abstract. Some quotes have been removed as irrelevant to my responses.

Mention of me putting up anything was almost an afterthought. It wasn't part of the challenge. It was a 'to be negotiated af later'. Well my terms are that I put up nothing and I have explained why. The possibility of collusion, which seems more likely to me than an honest challenge being paid.

Collusion? First of all, the implication that Druff would even potentially collude to defraud you of money is nothing short of bizarre, to me. Not only do I consider Druff doing so borderline impossible, but he's YOUR chosen arbiter.

I would entertain coming out to Vegas to act as a witness to all of this if there were to actually be a challenge. As you guys are certainly aware, I don't care who wins or loses. Another element that would be added is, if Dan Druff and I disagree as to whether or not this has been sufficiently demonstrated (one yes, one no, either way) then any bets would be considered a push. I would say that the loser would have to cover my flight and RFB. If there is no loser, then both of you cover it equally. I'm certainly not flying out there and doing this at a monetary cost to myself. That said, I have no interest in being paid on direct, either.

Quite frankly, I have no animosity towards either yourself or MDawg and wouldn't be opposed to meeting both of you. I'm just not going to be out money to do so. You guys can come to Pittsburgh if you really want to meet me. PA has good blackjack rules, generally. Rivers also has high-limit Baccarat.

With that, I preferred this when your proposal was a binary 'yes' or 'no,' KewlJ, which required no further need for discussion. MDawg either accepts or declines. It appears he declines (by implication) the terms that you presented as, 'Non-Negotiable,' so that should be it.

That said, I don't see anything wrong with both parties escrowing an agreed upon sum to Dan Druff. Sure, Dawg said he would match the amount of the settlement, but you guys could always agree to escrow some lesser amount than that. I guess MDawg would be in your debt the balance if you did win. Alternatively, you guys could agree that you're just putting up the agreed escrow amounts.

Next issue is the ACH mention by Mdawg. There will have to be official terms written and that ACH will be removed. I never said anything about ACH. the transfer was from one account to another in the same bank. No ACH. I will not have Mdawg try to pull out on a technicality after proof has been shown to satisfy Dan Druff.

This is interesting because there should be a way to tell that it was from the same bank. New terms could specify that it be demonstrated it was an interbank account to account transfer. Of course, you could look and make sure that's verifiable before agreeing to that. I don't see why it wouldn't be.

Mdawg is so hell bent on proving me wrong he offered to match my settlement amount. End of story. And that is what the escrow is about. I want an amount that will cover the settlement amount. 300K will do so. So I have come down from the original 500k, even though it sort of tells what the amount is, which I was not supposed to reveal.

These were your original terms, which you said were a 'yes' or 'no' from MDawg. If the terms really are non-negotiable, and MDawg does not accept them, then why are we still talking about this?

Next, I have received a private communications from 2 different attorneys, one not even on this site, both with a very similar warning. That if this were to come about, and Druff was satisfied, Mdawg would pull a Donald Trump and try to drag the whole thing into court, arguing some loophole in the escrow agreement. I am not an attorney and have no idea how such legal action would play out. I suspect it would be tossed because it would be declared some sort of monetary wager and isn't that illegal?

I don't believe that it would be considered illegal as it would likely fall under 'Social Gambling' in that there is no vig attached to this. Neither of you are acting as the house. According to this:

https://thelawreviews.co.uk/title/th...iew/usa-nevada

The definition of a 'gambling game' in Nevada is 'any game played with cards, dice, equipment or any mechanical or electronic device or machine for money, property, checks, credit or any representative of value'.2

The definition excludes games played with cards in private homes or residences in which no person makes money for operating the game, except as a player, or games operated by charitable or educational organisations that are approved by the Nevada Gaming Control Board (the Board).3 Under Nevada law, a 'wager' is 'a sum of money or representative of value that is risked on an occurrence for which the outcome is uncertain'.4

In other words, it doesn't seem that such a bet would even qualify as a gambling game, per Nevada law.

So I would pay and talk to an attorney and have the attorney draw up the terms, before we proceeded. But I am not going to waste my time or money (or Dan Druff's time) until Druff is holding 300K to cover "matching my settlement". Dan Druff can negotiate any fee that he wants for his participation. That is completely up to him and between him and Mdawg. But I would recommend you get it in writing Dan Druff.

Well, yeah. The amount is obviously significant enough that you would want an attorney to check the language of whatever the official agreement is. You'd also want to make sure such a transaction is not illegal, though I don't see how it would be. Am I wrong to suggest that all of this was kind of a given? Of course you'd have to dot i's and cross t's, but certainly you were aware of that prior to issuing the proposal.

In my opinion, a fair compromise would be for MDawg, if he accepts, to first escrow reasonable attorney fees to draw up the contract which will be paid from Dan Druff to you if MDawg ultimately declines. He shouldn't have to escrow 300k just to understand what the terms are; that's actually kind of ridiculous. That said, you should also not end up out money if he refuses.

[You trolls like AinQ can say whatever you want....stupid shit like a professional gambler wouldn't pass on this. This shit never comes to fruition. It is always just a huge waste of time. Especially for this kind of money. And this is well on it's way to that same kind of outcome.

You people can talk all you want. Inject yourself into something that isn't even about you, call me whatever names you want. None of that matters. If this is going to happen, Mdawg should make arrangements to escrow 300k with Todd Witteles (Dan Druff) and then we can start the legal stuff. But nothing happens except more troll talk until that first step is done. And this isn't an open ended deal on my part. I am done playing with this troll forum and you trolls that dominate it. So Shit or get off the pot, and let me go on my way. And you people can troll for years to come.

If you don't want people discussing it, then don't fucking talk about it publicly. There's a PM feature here, you know.