The Borgata, the Atlantic City-based casino resort, has submitted a 34-page court filing earlier this week as a response to a recent filing by card manufacturer Gemaco in the latest development in a prolonged three-way court battle that also involves popular poker pro Phil Ivey.
The Borgata is seeking to be returned $9.6 million in winnings it had paid to the above-mentioned player and $500,000 in reimbursements. In its most recent court filing, the casino pointed out that it “was indifferent as to how the judgment is paid” as long as it is paid. The Borgata is currently suing Phil Ivey and his player companion Cheung Yin Sun as well as Gemaco in two separate but related court cases.
The popular Atlantic City gambling venue said it wanted to receive the amount of $10.1 million and that it would accept the money from Gemaco, Ivey, Sun or a combination formed between the parties.
The court battle stemmed from the Borgata’s realization that Ivey and Sun were able to win $9.6 million by playing baccarat at the casino back in 2012 through Sun’s proficiency in the controversial edge-sorting technique.
Generally speaking, the use of said technique allows players to exploit discrepancies at the backs of playing cards. During their baccarat sessions at the Borgata, Ivey and Sun requested specific decks that happened to be purple Gemaco ones. They also asked the dealers to turn each playing card at specific angles so that Sun could easily spot differences and improve significantly their odds against the house.
Last October, presiding Judge Noel L. Hillman sided with the Borgata arguing that Ivey and his companion player violated the New Jersey Casino Control Act by deploying the controversial technique. The poker pro was allowed to appeal that decision. Early in 2017, Ivey sought final judgment from Judge Hillman in order to be able to file his appeal case with the US Court of Appeals for the Third Circuit.
However, the presiding judge said that the Borgata would first have to sort out a separate case against Gemaco, before any decision could be made in relation to the Borgata/Ivey court battle.
What’s Next for the Borgata/Gemaco/Ivey Saga?
A ruling on the Borgata/Gemaco case has not been made and there has also not been much progress in that direction. In general, the Borgata has been arguing that Gemaco has been distributing playing cards with visible discrepancies on them and should be legally punished for that.
On the other hand, the card manufacturer has claimed that it is practically impossible for cards to be absolutely identical and that it has not failed to meet the imperfection standard set out by casino laws, under which discrepancies of up to 1/32nd of an inch of a card’s surface are allowed.
Gemaco also referred to a recent statement by Sun. Ivey’s companion player claimed that she has perfected her edge-sorting skills so that these extend to multiple cart-making brands. In other words, the use of purple Gemaco decks during their baccarat sessions was not of any substantial importance for the course of the game.
If the presiding judge sides with Gemaco, this could help Ivey in his appeal. However, there have not been any indications over what course the case will take, which only signals that involved parties may be a long way from it being resolved. And this, in turn, means that it will be quite some time before Ivey will be able to close that dark chapter in his career as a professional card player.
