Borgata Requests Dismissal of Phil Ivey Counterclaims2 years ago
The legal maneuvering in the edge sorting case between the Borgata and Phil Ivey continued Wednesday as attorneys for the casino filed a new brief asking the court to dismiss the counterclaims raised by the 10-time WSOP champ.
Those counterclaims assert that the Borgata plys gamblers with free alcohol served by flirty, attractive, and minimally-dressed cocktail waitresses in an attempt to gain an advantage at the gaming tables. Ivey, along with co-defendant Cheng Yin Sun, admit to using edge sorting tactics in order to stave off the ploys of the casino and grab an advantage of their own.
Ivey and Sun managed to win almost $10 million playing baccarat at the casino by employing the edge sorting strategy over several sessions a few years ago. The defendants made use of a number of perks available only to high rollers and were able to identify the values of playing cards about to be put into play due to imperfections on the back created by the way the cards were sliced during the manufacturing process.
The Borgata claims that edge sorting is tantamount to cheating and wants Ivey to return the winning loot. Here is an excerpt from the casino's latest filing per philly.com:
"This issue is, and has always been a simple one: is edge sorting, as specifically admitted to and practiced by Mr. Ivey and Ms. Sun, cheating or unfair
play? The individual playing cards do not change the answer. Complimentary drinks do not change the answer. Cocktail servers do not change the answer.
There is no defense that changes the underlying nature of defendants' edge sorting scheme. It is either permitted or not, lawful or unlawful, and that is
the question before this court."
Ivey contends that edge sorting requires observation and skill. He and Sun never touched the playing cards. The next court date is Nov. 2.
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