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November 7th 2006
WSOP champ Jamie Gold says Leyser deal was gift, not contract
Jamie Gold, the 2006 WSOP Champion who is being sued for half his $12 million winnings from the tournament, says the agreement he had with plaintiff Bruce Crispin Leyser amounted to a gift and not a contract.
Nearly three months after Leyser filed a lawsuit against Gold his team of lawyers have finally filed a Motion giving Gold’s side of the story. Gold makes a number of claims in the motion, the principle one being that he agreed to GIFT Leyser half of his potential winnings AFTER Leyser had procured two celebrities to play in the WSOP for Bodog and that the agreement was in no way a contract. In other words Gold says that the promise he made with Leyser was in no way a payment for Leyser procuring celebrities for Bodog.
“It was only after Plaintiff secured Lillard and Shepard (the two minor celebs recruited by Leyser), and not in exchange for this alleged service, that Gold expressed a desire to assist Plaintiff by sharing a portion of any winnings. Gold's offer was nothing more than a promise to make a gift.”
Gold’s position is somewhat tricky, given that he and his lawyers acknowledge the existence of a legitimate recording of a telephone call he made to Leyser on the day of the final table of the 2006 WSOP main-event. In the recording Gold clearly states that Leyser will receive half of his $12 million winnings.
By way of an explanation, Gold claims that Leyser had been incessantly harassing him over the course of the WSOP, ever since Gold had suggested he would give Leyser a cut of his potential winnings. Gold claims that Leyser was out of work and out of money, and that he promised to share his winnings with him because he felt sorry for him.
Gold says he “expressed a desire to take care of Leyser by sharing a portion of my winnings” but emphasises this “did not mean he would receive fifty percent of my winnings”. Gold claims that as the main-event drew towards its conclusion Leyser began calling and texting him “almost hourly” including when Gold was actually at the poker table. On the final day Gold claims the phone calls became unbearable and it was then that he left the infamous voice message, “hoping to remove Leyser as a distraction”. In the voice message Gold is clearly heard saying: “There’s no possible way you’re not going to get your half after taxes.”
After his win Gold claims he refrained from immediately handing over Leyser’s half of the $12 million principally because he was concerned he might have to pay tax on the whole $12 million, after giving Leyser the full $6 million. Gold claims Leyser was not willing to accept anything less than the full $6 million and adds that Leyser was unwilling to allow the customary tip to come out of his share.
Gold claimed he never intended to give Leyser, who he says has “serious financial problems”, an exact share of the winnings, but rather was planning on giving him some money to help him out. Gold says he only reneged on his promise AFTER Leyser “unnecessarily” filed a lawsuit and tarnished Gold’s reputation.
Yesterday Bruce Crispin Leyser’s lawyers responded to Gold’s filing, calling his position that his promise was an unenforceable gift “absurd”. Richard Schonfield, acting attorney for Leyser, said: “We're glad they finally took a position; even though we were extremely confident in our case, we are more confident now that we will prevail.”
Submitted: 07/11/2006 11:07:02
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