The Borgata Casino In Atlantic City is stopping at nothing until justice is done into the 2012 ‘edge-sorting’ by Phil Ivey and his long-time accomplice Kelly Sun. Although Borgata Casino had initially filed a lawsuit against Phil, Sun, and Gemaco, the casino now feels the accusation was a bit lenient.
During the initial mention of the case, Phil Ivey and Kelly Sun successfully appealed against the accusation leveled against them by the Atlantic City casino.
See How Borgata Casino Presses On With Accusations Against Card-Make Gemaco Even As Ivey, Sun Appeal
However, they are yet to hear what the court will say about their appeal, something that is likely to take longer than expected, at least until the court listens and determines the current litigation between Borgata Casino and the Kansas-based card manufacturer Gemaco.
It should be remembered that Borgata Casino is accusing the first and second respondents separately. First, it is Phil Ivey and Kelly Sun who have been charged with cheating thus walking away with $10 million and second, is Gemaco, the card maker who has been accused of breaching the contract.
According to Borgata Casino, Gemaco went acted against the contract of supplying clean and working cards. In fact, through its lawyers, Borgata says that Gemaco provides the casino ‘minutely unsymmetrical patterns’ at the back of the cards.
Because of that, Borgata Casino asserts, “Phil and his accomplice Sun were able to easily distinguish the favorable cards from those that helped the dealer thus should return the money they acquired illegally.”
Preliminary investigations showed that Ivey and Sun requested these specific cards from Gemaco because they knew it would help the duo gain an edge against Borgata Casino. Hitherto, the casino has won the lawsuit against the duo who still hold that they won the money through fair means thus the appeal that is pending.
Whether it is Gemaco or Phil Ivey and his friend Kelly Sun will pay the money is not Borgata Casino’s business. All the casino needs is money that was ‘won illegally.’
A section of the lawsuit against Gemaco reads, “The court’s judgment against Ivey and his friend does not in any way relieve Gemaco. It still stands culpable of breaching the terms of our contract. So, even if the court asks Ivey and Sun to return the money and they do, Gemaco will still be held responsible for their mistakes.”
However, it is said that claims by Borgata Casino is a defense rather than an accusation because what is contained in the 32-page filing is purely a response to Gemaco’s filing that was made earlier September. In that filing, the card manufacturer asserted that pure symmetry on the backs of cards as claimed by Borgata is, in fact, impossible and that it has never happened in the history of gambling.
Gemaco argued that the gaming industry allows for certain discrepancies in patterns that are up to 1/32nd of an inch, which is a standard the cards in question met. During her earlier submissions, through her lawyer, Sun said that she could be able to edge sort cards irrespective of the manufacturer.