Specifically, on or about May 28, 2025, the Cleveland Guardians played an MLB game against the Los Angeles Dodgers. The game began at approximately 1: 10 p.m. Before the game, at approximately 1:00 p.m., Bettor-I sent a text message to the defendant EMMANUEL CLASE DE LA CRUZ confirming whether CLASE was, "[a]ll set." CLASE responded, "[y]es." At approximately 3:36 p.m., in the middle of the game, Bettor- I and Bettor-2 each placed wagers totaling approximately $4,000 (including a parlay bet) that a pitch thrown by CLASE would be a Ball/HBP. CLASE threw a pitch that appeared to be a ball, but the batter swung, resulting in a strike and leading Bettor- I and Bettor-2 to lose their wagers.
Approximately 20 minutes after Bettor-I lost the wager on May 28, 2025, Bettor-I sent a text message to the defendant EMMANUEL CLASE DE LA CRUZ a .gif image of a man hanging himself with toilet paper. Even though the Cleveland Guardians won the game, approximately 10 minutes later, CLASE responded to Bettor-I with a .gif image of a sad puppy dog face.