Borgata Responds To Poker Pro's CountersuitCasino Still Believes Phil Ivey Should Return $9.6 Million |
|
There was a dramatic new development in the case pitting Phil Ivey against the Borgata in Atlantic City in late July that involved the poker pro countersuing the casino that originally sued him in April 2014. In 2012, Ivey and playing partner Cheung Yin Sun were able to spot manufacturing defects on the backs of playing cards in their gambling sessions and took the casino for $9.6 million.
Ivey and Sun admitted to playing with an advantage after a number of requests were granted by the casino, but they have argued that what they did was lawful and they shouldn’t have to give back the money they won. The Borgata didn’t realize what had happened until months later. Ivey’s legal team said in court documents that “each and every penny of [their] winnings was the result of sheer skill.”
In the countersuit, both gamblers said they want the case against them dismissed with prejudice and the Borgata to pay for their legal fees and court costs under New Jersey’s law pertaining to frivolous lawsuits. They are also seeking money from the Borgata in the form of damages.
Just a few weeks later, the Borgata responded to the countersuit, which included allegations that the casino had destroyed the playing cards Ivey and Sun used in their mini-baccarat play.
The Borgata admitted “that some of the cards used in the play at issue in this case were destroyed in the regular course of plaintiff’s business operations, prior to plaintiff’s becoming aware of defendants’ scheme and the defect in the playing cards, and pursuant to applicable regulations,” the answer to the counterclaim, which was filed on Aug. 14, reads.
Attorneys for the casino listed many defenses to the countersuit, among which is arguing that the statute of limitations has passed for Ivey and Sun’s countersuit allegations and reiterating the casino’s allegation that Ivey and Sun have already admitted to “fraudulent conduct,” which would prevent the countersuit from having legs. Ivey and Sun’s legal team have also argued that the statute of limitations has passed as it pertains to their alleged misconduct.
Ivey and Sun’s countersuit came about four months after a judge sided with the casino and rejected their request to have the lawsuit against them dismissed.
Ivey, 39, is a 10-time WSOP bracelet winner and still considered by many to be the all-around best poker player in the world. Sun has had previous legal trouble surrounding her gambling, resulting in her being banned by casinos around the globe. Both Sun and Ivey lost a similar case in the U.K. last fall, and earlier this year Sun saw a judge dismiss her lawsuit against Foxwoods casino in the state of Connecticut. All these cases involved what is known as edge sorting.
Edge sorting will give gamblers a roughly 6.765-percent edge over the house in mini-baccarat.
Copyright © 2001-2024
CardPlayer.com. All rights reserved.
