Since April of this year, poker pro Phil Ivey has been facing a lawsuit filed by the Borgata Hotel Casino & Spa of Atlantic City due to alleged cheating at the baccarat gaming tables back in 2014. The poker pro often plays baccarat and is quite good, having been able to amass large wins on a regular basis. With this particular baccarat gaming session, Ivey was able to earn over $9 million while playing the game, though the casino says the poker pro cheated while doing so. A judge in the case has now found that Ivey and his gaming partner, Cheng Yin Sun, are not guilty of committing fraud but Ivey was in breach of a casino contract.
The Borgata Casino filed a lawsuit in April of 2014 claiming that Ivey had used edge-sorting techniques to be able to win the $9.6 million dollars. The casino determined that Ivey and his partner were using manufacturing defaults in the cards to be able to win during game play. On top of Ivey being named in the suit, Yin Sun was also named as well as Gemaco Inc., the company that manufactured the gaming cards used during the baccarat session.
The ruling by the judge, as reported by NorthJersey.com, stated that the motion for summary judgement by Ivey and Sun, on the claims by the Borgata against them are granted on all claims except for the claims of Borgata for breach of contract. Borgata’s cross-motion for summary judgement in its favor is granted on its breach of contract claims, but denied as to all other claims.
The judge also stated that within 20 days of the opinion, the Borgata will have to submit a brief to resolve any damages that are a result of the breach of contract between the casino and the player. A proposed judgement must also be submitted. Ivey and Sun also have the same time frame to file a response to the brief.
Ivey is a ten time World Series of Poker bracelet winner and well-respected member of the poker industry. His reputation has been tarnished in a way due to the suit filed by the Borgata and the actions they claim took place. The Borgata stated that Ivey used edge-sorting which gave him an unfair advantage during game play.
In July of last year, Ivey filed a countersuit that stated the lawsuit by the Borgata was frivolous and that the casino had destroyed the deck of cards that were used during game play, and that cards were an essential portion of his defense. The countersuit stated that the casino knew the playing cards were a critical part of the defense for both Ivey and Sun, and that the destruction of the cards would make the defendants irrevocably prejudices in defending themselves against the claims by the plaintiff as well as trying to secure judgement against the casino.
Back in 2012, Ivey had supposedly requested for the casino to use an eight deck shoe of Gemaco playing cards, purple in color. Ivey also reportedly asked for a private area for game play as well as an automatic card shuffler. The requests were provided to Ivey after he gave $1 million for wagering. Sun requested that the card turns to be done by the dealer in Mandarin, which helped to communicate with Ivey as well as notice the difference in the playing cards.
The casino says that the technique that Ivey used is in violation of gaming laws in New Jersey. Ivey says that the outcome was just a result of skill.