The $9.6 million civil law suit launched against poker pro Phil Ivey by the Borgata Atlantic City is to continue, federal judge Noel L Hillman ruled this week in denying an Ivey request that the case be dismissed.
Our readers will recall that the Borgata is suing Ivey for what it claims was card manipulation through edge-sorting on mini-baccarat games at the land casino in April last year. Ivey and a female accomplice Cheng Yin Sun are alleged to have used imperfections in the cards to leverage an advantage over the house.
Ivey is accused of profiting from the questionable conduct to the tune of $9.6 million over four separate sessions.
Card manufacturer Gemaco, Inc. is listed as a co-defendant on some of the civil allegations.
In his 32-page finding, Judge Hillman denied Ivey’s motion for dismissal and ruled that the Borgata legal team must show cause within 14 days as to why the actions of Ivey and co-defendant Sun, described as “alleged violations of the Casino Control Act,” shouldn’t be referred to the Casino Control Commission or the Division of Gaming Enforcement.
Judge Hillman commented: “…at this stage of the proceedings Borgata has pled plausible claims sounding in fraud. The Court will therefore allow the case, in addition to Borgata’s claims against Gemaco, to proceed through discovery, and it will be for the CCC [Casino Control Commission in New Jersey, DGE [New Jersey Division of Gaming Enforcement], and perhaps this Court or a jury to consider the validity of Borgata’s claims and the propriety of Ivey and Sun’s actions.”