Judge: Poker Pro Phil Ivey Didn't Commit Fraud Against BorgataRuling Friday Doesn't Say Whether He'll Have To Pay Back Millions |
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A federal judge on Friday ruled that poker legend Phil Ivey didn’t commit fraud against Borgata, but he did breach his contract with Atlantic City’s top grossing casino.
Ivey and playing partner Cheng Yin Sun won nearly $10 million from the casino in high-stakes baccarat sessions in 2012. The ruling didn’t say whether the two gamblers will have to return any of the money to the casino.
Borgata has 20 days to outline its damages from those sessions. Ivey and Sun were able to capitalize on manufacturing defects on the backs of the cards to gain a small but significant edge on the casino.
The two never touched the cards, but the “edge sorting” technique is controversial. Ivey has maintained that it wasn’t cheating.
There were no criminal charges stemming from the sessions.
The breach of contract comes from the judge ruling that Ivey and Sun violated New Jersey gambling regulations by getting the upper hand in a game that is supposed to have a house advantage.
“The odds will be set up to benefit the ‘house,’ and the state will tax the revenue,” the judge wrote in his 30-page ruling. "In short, and by design, over time every gambler who plays against the house will eventually bet—and lose—more than they win. Of course, some games allow for more skill than others and there is always lady luck. But the principle that the odds are against you is literally true and eventually wins out. This is something every gambler knows.”
U.S. District Court Judge Noel Hillman added: “Even though Ivey and Sun’s cunning and skill did not break the rules of baccarat, what sets Ivey and Sun’s actions apart from deceitful maneuvers in other games is that those maneuvers broke the rules of gambling as defined in this state.”
After Borgata submits a proposed form of judgement, Ivey and Sun will have 20 days to file a response.
Ivey has won 10 World Series of Poker tournaments and should be a lock for the Poker Hall of Fame in 2017, after he turns 40 years old.
A similar edge sorting case in London went against Ivey and Sun. The two are appealing the ruling that said Crockfords Casino could keep the pair’s £7.8 million in winnings.
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