The Borgata casino in Atlantic City has made a court motion to compel poker pro Phil Ivey to pay back the $10,1 million a court ruled he unfairly won from the casino while edge-sorting at baccarat.
According to Card Player Magazine, documents in the case say that the Borgata’s legal team filed motions this month asking a federal court to deny a motion from Ivey’s lawyers that would delay the judgment and allow him to avoid posting a bond to cover the amount until all appeals of the case are decided.
Ivey’s lawyers have argued that forcing him to make a $10.1 million payment would “clearly be of devastating impact.” They argue that the Borgata won’t be harmed if the judgment is delayed until all appeals in the case are heard.
Borgata’s lawyers, however, say that Ivey has failed to prove he would suffer “irreparable harm” by making the payment and point to his recent return to high stakes tournament poker as proof his career is still strong.
“Ivey’s skill and success as a professional poker player are well documented,” Borgata lawyers wrote in the documents. “He is in the top three for poker winnings all time, and there is no suggestion that he cannot continue to be successful. Entrance fees for other tournaments are far less than $10,000 and one can play online poker with initial deposits of under $100. He is not in danger of being prevented from playing poker.”
The court filing also points to a number of high profile tournaments Ivey has recently played including the Triton Poker Super High Roller Series in May, where Ivey earned over $2 million in two tournaments, the report said.
Borgata also argued that Ivey likely prepared for a losing judgment in the case and may have stashed away the $10 million he won at the casino.
“As early as October 2012, immediately after the fourth trip to Borgata, Ivey knew that his edge sorting scheme was unmasked, with Crockford’s publicly withholding about $12 million in alleged winnings,” the motion says. “There is no indication that Ivey did not prudently sock away Borgata’s $10 million, figuring that was the next shoe to drop.”
Ivey and his partner Cheung Yin Sun won millions of dollars at Crockford’s casino in London and the Borgata in Atlantic City through their edge sorting technique. The technique involves exploiting small defects in the printing on the back of playing cards. Ivey and Chun asked dealers to manipulate the cards in a way they could detect and read the defects, giving them an advantage over the house.
Though Ivey maintains he was simple being observant and the casinos were responsible for protecting the cards, he has lost several court cases on the issue. Crockfords—which never paid Ivey his winnings—was able to keep the money. A U.S. judge ruled that while Ivey didn’t cheat, he had gained an unlawful advantage over the casino and had to return his winnings.
Complicating the issue is the fact that Borgata is still fighting with the card manufacturer Gemaco. In that case, a judge ruled that Gemaco’s cards were faulty, but only awarded the casino $27 for the cost of the cards.
Ivey wants all appeals in that case to be concluded before he can move forward on his appeal, the Card Player report said.
