A Las Vegas judge has dismissed a lawsuit by Czech casino owner Leon Tsoukernik—owner of King’s casino in the Czech Republic—charging that he lost $3 million playing poker with pro Matthew Kirk due to a conspiracy to ply him with alcohol during the game.
The game happened at the Aria casino in Las Vegas in May 2016.
Kirk initially sued Tsoukernik after he failed to pay $2 million owed from the head-to-head match. Tsoukernik filed a counter suit saying the casino and Kirk conspired in serving him alcohol.
The judge in the case ruled late last year that the transaction amounted to an unenforceable gambling debt. Kirk’s lawyers, however, have said they’re still pursing $2 million from Tsoukernik, according to report in the Las Vegas Review Journal. Tsoukernik initially paid Kirk $1 million, but has not paid the rest.
District Judge Linda Bell also ordered Tsoukernik to pay Kirk’s legal fees in the case.
During the case, Tsoukernik’s lawyers argued that Kirk conspired with the casino on serving alcohol and also that he did not disclose to Tsoukernik where he got the cash to play for such high stakes.
“What does that matter, if he’s an independent poker player, where he gets his money from?” the judge said according to the Review Journal. “That’s not something that any person gambling is required to tell any other person gambling. How can on the face that be fraud?”
Tsoukernik’s lawyers argued that the entire nature of the game was deceitful, while Kirk’s lawyers argued that the poker pro is not required to disclose his source of funds and never actually ordered a drink for Tsoukernik.
The judge also dismissed the complaint against Aria saying the issue should be decided by the state’s Gaming Board.