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The judge’s conclusion, that Mr Ivey’s actions amounted to cheating, is unassailable.
Ok.
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It is an essential element of Punto Banco that the game is one of pure chance, with cards delivered entirely at random and unknowable by the punters or the house.
Define "randomness". If the dealer has a weak shuffle and I shuffle track do I walk away because I don't want to be accused of cheating? Is shuffle tracking in Baccarat illegal, but legal in Blackjack?
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What Mr Ivey did was to stage a carefully planned and executed sting. The key factor was the arranging of the several packs of cards in the shoe, differentially sorted so that this particular punter did know whether the next card was a high value or low value one.
Not true. He asked the dealer to rotate selected cards. The dealer did it with full authority. If the casino had proper loss management procedures in place this request would have absolutely no impact at all in generating an advantage.
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If he had surreptitiously gained access to the shoe and re-arranged the cards physically himself, no one would begin to doubt that he was cheating.
It would not be described as cheating. It would be violation of casino rules, e.g. unauthorized handling of cards.
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He accomplished exactly the same result through the unwitting but directed actions of the croupier, tricking her into thinking that what she did was irrelevant.
The cards were to be shuffled to assure randomness, yet we know the casino's shuffle was weak and did not assure sufficient randomness. This is not Ivey's fault. He did not violate any rule.
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As soon as the decision to change the cards was announced, thus restoring the game to the matter of chance which it is supposed to be, he first covered his tracks by asking for cards to be rotated at random, and then abandoned play.
The front-loading dealer goes on break, and the AP leaves. Wow, what a revelation!
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It may be that it would not be cheating if a player spotted that some cards had a detectably different back from others, and took advantage of that observation, but Mr Ivey did much more than observe; he took positive steps to fix the deck.
Peacock terms, "fix the deck". And the cards were manufactured to known tolerances and the casino approved for use the cards in question.
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That, in a game which depends on random delivery of unknown cards, is inevitably cheating.
Then develop a procedure to shuffle the cards that assures an acceptable level of randomness.
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That it was clever and skilful, and must have involved remarkably sharp eyes, cannot alter that truth.
The truth is the casino had very weak loss management protocols, and Ivey took advantage of them without violating rules. That is a reasonable definition of advantage play.