Quote:
Originally Posted by cheeseisgood
so if its so simple why is ivey not found guilty of any criminal charges if he cheated? cheating is a criminal offense right? its not very simple if you say he cheated enough that his wins dont count but he didnt cheat enough to where he goes to jail. if he didnt commit a crime then its not cheating.
The Ivey cases, both here and in England, were filed as civil actions. In England it was Ivey that sued the casino. In the US it is the casino suing Ivey. In both cases the plaintiffs were seeking money.
Cheating can be a criminal offense. It can also be a cause for action in a civil case, as is presented in the Ivey cases. In England Ivey wanted to be paid money so he sued the casino to get that money. He did not accuse the casino of cheating. He accused them of withholding money he claimed to have won on the square. The court there disagreed. They said he "cheated". He lost. In the US the Borgata sued Ivey for money in a civil case. They said he cheated (among many other claims). They said he marked the cards. They said he breached the implied contract. The court agreed with the Borgata. The court found that Ivey had effectively "marked" the cards, which is cheating and, that in doing so, he had breached the implied contract.
By the way, it's not just me that says he "cheated enough so his wins don't count" it is also a US Federal Judge, an English Judge from the High Court of Justice and 2 Judges from the England and Wales Court of Appeal that say he "cheated enough so his wins don't count".
As far as criminal charges go, I have no idea whether or not prosecuting Ivey for a criminal offense was ever considered in New Jersey. I am sure the Borgata preferred a civil remedy because what they wanted was their money back and a criminal conviction might have placed Ivey in jail where he would not be able to pay them back.
I think it is important to note that although Ivey lived in Nevada he did not use this scheme there. He was smarter than that because Nevada does not mess around with people that cheat. They prosecute them and I believe Nevada would have prosecuted Ivey for this kind of conduct without hesitation. But, that's just my opinion.....