By Liz Benston
Forget about that message on the answering machine.
World Series of Poker champion Jamie Gold says he has
no intention of sharing half of his $12 million winnings with a man
he met during the recent poker tournament.
Bruce Crispin Leyser, described at times as a television
development executive, claims Gold, a Hollywood talent agent, promised
him half of his top prize in the famed tournament because of a role
he played in Gold's appearance. Leyser even has a voice-mail tape
of the promise.
After Gold didn't pay up, Leyser filed a lawsuit in
Clark County District Court.
Last week , Gold filed a court brief weighing in with
his side of the story: that the agreement was "nothing more than
a promise to make a gift."
Leyser's attorney, Richard Schonfeld, said Gold's position
is "absurd." That Gold admitted to the deal further affirms
that Leyser is entitled to the $6 million, Schonfeld said in an interview.
"We're glad they finally took a position," he said. "Even
though we were extremely confident in our case, we are more confident
now that we will prevail."
At issue is whether the verbal agreement is binding.
Leyser claims Gold had a contract with Internet casino
Bodog.com, in which it agreed to pay Gold's $10,000 entry fee if he
found celebrities to wear clothing featuring the Bodog logo during
the tournament.
According to the suit, Gold asked Leyser to help him
find those celebrities and in return, "share" the seat and
any potential winnings. Leyser says he held up his end of the bargain
by finding two actors to play in the tournament and wear the Bodog
logo.
In his brief, Gold claims that Bodog paid for his seat
at the tournament because of his success winning previous poker tournaments
and that his contract only required that he wear the company's logo
and participate in media events.
But Gold said he felt so sorry that Leyser wouldn't
be playing in the tournament , since he had neither a sponsor nor
the cash to buy a seat, that he agreed to share his winnings with
Leyser.
Gold said that as he moved to the front in the tournament,
Leyser and his wife began calling and text-messaging him "every
hour" and also spread word that Gold owed Leyser half of any
winnings.
On the final day of the tournament, after "incessant
badgering and continuous phone calls" from Leyser, Gold left
Leyser a voice mail message confirming his promise to share half of
the winnings "after taxes," Gold acknowledged in his court
filing.
Leyser maintains that the voice mail and other facts
show an "acknowledged agreement" between the two men. But
Gold argues the agreement isn't enforceable because there were no
terms or conditions attached. He wants the Rio, the casino hosting
the tournament, to release to him the other $6 million.
In his filing, Gold says he didn't intend to give Leyser,
who he said had "serious financial problems" and was looking
for a job, literally half of the winnings, but rather some money.
Gold says he broke his promise because Leyser "unnecessarily"
filed suit and tarnished Gold's reputation.
Leyser "acted unreasonably" and didn't take
such factors into account such as taxes, Gold said. Instead of continuing
good faith negotiations, (Leyser) sued and drew unfavorable media
attention to the dispute, Gold said.
In August, Chief District Judge Kathy Hardcastle signed
a temporary restraining order freezing the funds based on Leyser's
argument that the money, in Gold's hands, might disappear before the
matter is resolved. Attorneys expect her to rule before the end of
the year.