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Decision in Ivey/Borgata Case Decision in Ivey/Borgata Case

11-17-2016 , 12:18 AM
I consider poker to be a subset of advantage gambling.

I guess the casinos were just too damn greedy to look at Ivey as anything but a whale and see what was right under their nose that any disinterested party with half a brain could have seen easily?
Decision in Ivey/Borgata Case Quote
11-17-2016 , 12:48 AM
Quote:
Originally Posted by SuperSwag
It is interesting someone as intelligent as Ivey wouldn't be smart enough to milk a scheme like this.
Milk it???? Geez he bled it dry winning a minimum $20 million from just Crockfords and Borgata!
Decision in Ivey/Borgata Case Quote
11-17-2016 , 01:52 AM
Quote:
Originally Posted by 1938ford
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.....
so you think what he did was criminal? asking someone to turn a card is criminal?
Decision in Ivey/Borgata Case Quote
11-17-2016 , 03:20 AM
Quote:
Originally Posted by cheeseisgood
so you think what he did was criminal? asking someone to turn a card is criminal?
Your answers, in order:

1. I do!

2. In the specific case with the specific circumstances involving Ivey, yes.
Decision in Ivey/Borgata Case Quote
11-17-2016 , 05:23 AM
Quote:
Originally Posted by chillrob
Quote:
Originally Posted by 1938ford
Quote:
Originally Posted by chillrob
deliberate freeroll
I keep seeing this nonsensical idea posted ITT. Does it really make sense to anybody, even those that want to believe Ivey didn't cheat, that the casino would invite Ivey to play and even send a jet to pick him up so that he could come in on 5 different occasions over a year or more and cheat them while they watched knowing he was cheating them out of millions of dollars and that they would then pay him the money he won by cheating them on each occasion all the while KNOWING that he was cheating just so they could later sue to MAYBE get their money back? Really? I mean really??

Is there any guarantee that Ivey even has or will have $11,000,000 to pay them back? I think not
How could they not have known he was "cheating" then? I do not work in the casino industry, have never played baccarat, and had never previously heard of edge sorting, and I am 100% sure I would have known something suspicious was going on within 2 seconds of seeing the request for a specific kind of cards.
i don't want to argue about the rulings in general, but the freeroll term is imo 100% correct. in the original london case (not the revision) as well as the borgata case, the casinos claimed they didn't know anything about edge sorting.

especially in the london ruling (again, the original case, not the revision) this was crucial, b/c ivey had to lie AND the casino employees had to not know it. when asked, how they got suspicious, they brought up a story about some employee remembering a card trick from his grandfather

so bottom line is, you can found arguments that Ivey is a cheat and you can find arguments, that he is just a skilled player, but arguing that the casinos didn't know what edge sorting is (and hence trying to freeroll him), is imo just naive
Decision in Ivey/Borgata Case Quote
11-17-2016 , 05:50 AM
Quote:
Originally Posted by NerdSuperfly
i don't want to argue about the rulings in general, but the freeroll term is imo 100% correct.
So your theory is that the Borgota knew about edge sorting, knew that it provided huge EV+ so that with decent bankroll management it was virtually impossible for Ivey to lose, then let him walk away with his winnings with the plan to sue him at a future date?
Decision in Ivey/Borgata Case Quote
11-17-2016 , 07:19 AM
Quote:
Originally Posted by 1938ford
The implied contract is not hard to "nail down". It is, in fact, very simple; We will follow the rules of the game and so will you. We will not cheat you and you will not cheat us. That's it and nothing more.

It's the same "contract" you enter into when you play in a poker game with your friends, or Monopoly with your kids. Everybody plays by the rules. Nobody cheats. If you are smarter than your friends or your kids, or if you are luckier than they are or if you are better at math than they and that helps you...well then you may have an advantage using those skills/traits while you are playing, but you would not be breaking the implied contract to play by the rules. However, if you use marked cards, or loaded dice or move your game piece more or less spaces than you are supposed to to gain an advantage then you are cheating and that breaks the implied contract, even if nobody catches you the first 50 times you do it.
Yes, everyone should play by the rules. Nobody should cheat. I agree with you on these points. My issue with this is that Phil Ivey and the casino AGREED on a set of rules. Admittedly, these rules favored Phil Ivey. For whatever reason, the casino agreed to them. By all accounts, Phil Ivey followed those rules. So I don't see how he can rationally be accused of cheating. If Borgata didn't like the rules as Phil Ivey stipulated, all that they had to do was say "No" to one or more of them.

It seems that Mr. Ivey was smarter than the Borgata in this instance. How is that fundamentally different than if he was card counting?

Quote:
Originally Posted by 1938ford

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.....
Maybe he has done this there, but either hasn't been caught, lost anyway, or settled quietly with the casino and it never made the news. I don't know, but any of these scenarios seems possible. To me at least.


Quote:
Originally Posted by 1938ford
It has EVERYTHING to do with what the judge ruled!

"The Court finds that Ivey and Sun breached their contract with Borgata to play Baccarat in compliance with the CCA by violating N.J.S.A. 5:12-115(a)(2) and (b) when they knowingly engaged in a scheme to create a set of marked cards and then used those marked cards to place bets based on the markings...... Ivey and Sun’s violation of the card marking provision in the CCA constitutes a breach of their mutual obligation with Borgata to play by the rules of the CCA."

In short, per the court, the implied contract is a mutual agreement. To honor the contract, you can not cheat. You can not mark the cards and use them to cheat. You have to play by the rules. In life I would hope if you play a game with anybody, be it a play game, money game, golf game, whatever game you understand there is an implied agreement that you both will play the game fairly.
Then isn't the Borgata just as guilty? After all, they are the ones who introduced the marked cards. And, they agreed to the sorting - it was there dealer(s) who did the sorting.

Quote:
Originally Posted by 1938ford
I keep seeing this nonsensical idea posted ITT. Does it really make sense to anybody, even those that want to believe Ivey didn't cheat, that the casino would invite Ivey to play and even send a jet to pick him up so that he could come in on 5 different occasions over a year or more and cheat them while they watched knowing he was cheating them out of millions of dollars and that they would then pay him the money he won by cheating them on each occasion all the while KNOWING that he was cheating just so they could later sue to MAYBE get their money back? Really? I mean really??

Is there any guarantee that Ivey even has or will have $11,000,000 to pay them back? I think not
I agree that this seems like a stretch, but haven't we all seen cases where someone does something at least seemingly stupid - if not outright stupid - in pursuit of big bucks? I agree that your scenario doesn't make a whole lot of sense, but that doesn't mean that it isn't the reality.

Quote:
Originally Posted by chillrob
But when this particular gambler is a professional who is very well-known and believed to be one of the best advantage gamblers in the world, you suspect nothing? Really??

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Originally Posted by IPlayNLHE
You don't just go around accusing whales of cheating unless you are pretty damn sure. Stopping him from playing is basically accusing him of wrong doing.

Quote:
Originally Posted by chillrob
They wouldn't have had to accuse Ivey of cheating, or even stop him from playing in their regular room, just not go along with his list of requests. Doesn't seem difficult to me.
This, +1. All the Borgata had to do is deny him on one or more points. This was all under their control, and done with their agreement and cooperation.
Decision in Ivey/Borgata Case Quote
11-17-2016 , 07:36 AM
Quote:
Originally Posted by 1938ford
I keep seeing this nonsensical idea posted ITT. Does it really make sense to anybody, even those that want to believe Ivey didn't cheat, that the casino would invite Ivey to play and even send a jet to pick him up so that he could come in on 5 different occasions over a year or more and cheat them while they watched knowing he was cheating them out of millions of dollars and that they would then pay him the money he won by cheating them on each occasion all the while KNOWING that he was cheating just so they could later sue to MAYBE get their money back? Really? I mean really??

Is there any guarantee that Ivey even has or will have $11,000,000 to pay them back? I think not
Quote:
Originally Posted by davmcg
So your theory is that the Borgota knew about edge sorting, knew that it provided huge EV+ so that with decent bankroll management it was virtually impossible for Ivey to lose, then let him walk away with his winnings with the plan to sue him at a future date?
LOLNVG

Carry on....
Decision in Ivey/Borgata Case Quote
11-17-2016 , 11:26 AM
Quote:
Originally Posted by 1938ford
I have no idea what "tricking your host" is, but the answer to the other two examples is pretty simple. If you are good enough observer to shuffle track a deck or shoe then you are good to go with respect to playing by the rules. There is no rule that says a player can not watch the game, including the shuffle, and make decisions on betting based on those observations. As long as you don't use any device, or trick, like marking certain cards to assist you, you would not be violating the implied contract.

Hole carding is not against the rules either, as long as you are observing the cards as played with the naked eye. A dealer is definitely part of the game as played. If the dealer is "weak" and sometimes exposes his hole card and you see it you are allowed to act according to your observations. However, if you use mirrors or other devices to "peek" at the card to get the information you would be cheating.

Hole carding has been determined legal by the Nevada Supreme Court:
First, players may "cut to the ace". So that's "manipulation", no?

Secondly, to my knowledge no edge sorting case has been brought in Nevada. Which as far as I know is one of the best places for players. British casinos are right up there with Native American casinos for how they and their regulators treat players.

As far as I know a player is much more likely to get a favorable ruling in Nevada than just about any other jurisdiction.

Quote:
Originally Posted by Lovesantiques
Yes, everyone should play by the rules. Nobody should cheat. I agree with you on these points. My issue with this is that Phil Ivey and the casino AGREED on a set of rules. Admittedly, these rules favored Phil Ivey. For whatever reason, the casino agreed to them. By all accounts, Phil Ivey followed those rules. So I don't see how he can rationally be accused of cheating. If Borgata didn't like the rules as Phil Ivey stipulated, all that they had to do was say "No" to one or more of them.

It seems that Mr. Ivey was smarter than the Borgata in this instance. How is that fundamentally different than if he was card counting?
Yep, its called gamesmanship.

Quote:
Originally Posted by Lovesantiques
Maybe he has done this there, but either hasn't been caught, lost anyway, or settled quietly with the casino and it never made the news. I don't know, but any of these scenarios seems possible. To me at least.
Just a theory, but I think there is good reason he played in London which is known for not paying. There was a rumor that Cosmo and others got hit for big numbers way before Ivey came along. They were looking for places that hadn't been burned.

May even have been the same crew and they brought Ivey in knowing he could get action more easily.

Last edited by TheJacob; 11-17-2016 at 11:44 AM.
Decision in Ivey/Borgata Case Quote
11-17-2016 , 11:38 AM
Quote:
Originally Posted by chillrob
If it was done for a deliberate freeroll, I certainly don't think it was decided by one low ranking employee on his own. I imagine the whole thing had to be approved by someone high up.
11 mil? That's pretty high up before you're not risking your job at the least. Mr. Boyd, maybe?
Decision in Ivey/Borgata Case Quote
11-17-2016 , 01:12 PM
Quote:
Originally Posted by TheJacob
British casinos are right up there with Native American casinos for how they and their regulators treat players.

...
Just a theory, but I think there is good reason he played in London which is known for not paying. T

Yeah those pesky Brit casinos where the appalling double zero in roulette does not exist, where blackjack rules and payouts are standardised and for decades had rules to protect the dim against many -ev options.

I've never pretended UK regulation is perfect but every UK slot has to declare the RTP, roulette odds are better than in the US and some "casino" games like those wheel things with terrible odds are illegal because they are so bad for punters.
Decision in Ivey/Borgata Case Quote
11-17-2016 , 01:17 PM
Quote:
Originally Posted by 1938ford
Milk it???? Geez he bled it dry winning a minimum $20 million from just Crockfords and Borgata!
He means 'limit wins to something reasonable, lose on purpose occasionally, and keep it up for the rest of his life.'

-------------------

Btw, assuming Ivey paid taxes on his win, can he ask for a refund if he has to pay the money back?
Decision in Ivey/Borgata Case Quote
11-17-2016 , 01:51 PM
Quote:
Originally Posted by Richas
Yeah those pesky Brit casinos where the appalling double zero in roulette does not exist, where blackjack rules and payouts are standardised and for decades had rules to protect the dim against many -ev options.

I've never pretended UK regulation is perfect but every UK slot has to declare the RTP, roulette odds are better than in the US and some "casino" games like those wheel things with terrible odds are illegal because they are so bad for punters.
Just telling you they have a reputation for not paying APs. The point is they don't have a very high bar to withhold money.

Some will say "Who cares if they don't pay APs." The problem is a large part of the time they don't even know if the person is an AP or not.

I don't buy into the freeroll theory in the sense that they knew beforehand, but it seems perfectly plausible to me they freerolled him.

In the England case at least it seems likely to me they will let whales play under suspicious circumstances and then if they win determine if they want to pay or not.

Last edited by TheJacob; 11-17-2016 at 02:01 PM.
Decision in Ivey/Borgata Case Quote
11-17-2016 , 02:57 PM
Quote:
Originally Posted by TheJacob

In the England case at least it seems likely to me they will let whales play under suspicious circumstances and then if they win determine if they want to pay or not.
Don't suppose you have any evidence to post?

Also if the casino knew what was going on with Ivey they could have waited for him to "mark" the deck and then change the dealer who "accidentally" shuffles the cards. Then the shuffle machine breaks down when he gets the deck sorted the second time. Or they could get a skilled mechanic to manipulate the cards when Ivey and his companion were distracted. They could have just kept him playing EV- until he realised it was never going to happen. This is a far more plausible "evil casino" conspiracy theory than the ones put forward in this thread.
Decision in Ivey/Borgata Case Quote
11-17-2016 , 04:41 PM
I'm not saying they knew at all. I'm saying some casinos may take suspicious action because they know they can always not pay.

I don't think its the case in NJ, but think its entirely possible in a jurisdiction known for not paying card counters.

You don't need to know the play to know you should follow protocol. My point is the more favorable regulators are toward the casinos the less they will scrutinize their big players because they know they can always just not pay.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 03:45 PM
Quote:
Originally Posted by davmcg
Don't suppose you have any evidence to post?
Yes I think there is. It's part of their standard procedure, as mentioned in the original UK case.

Quote:
Originally Posted by davmcg
Also if the casino knew what was going on with Ivey they could have waited for him to "mark" the deck and then change the dealer who "accidentally" shuffles the cards. Then the shuffle machine breaks down when he gets the deck sorted the second time. Or they could get a skilled mechanic to manipulate the cards when Ivey and his companion were distracted. They could have just kept him playing EV- until he realised it was never going to happen. This is a far more plausible "evil casino" conspiracy theory than the ones put forward in this thread.
No need to scare off the 'mark' by doing that. Ivey would leave.
So therefore, your plan would not work.
You are missing how easy it is for them to freeroll potential cheaters. They don't even need to bother doing what you said.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 04:12 PM
From the Judgement:
Quote:
29. Crockfords' practice when any large win by a punter occurs is to conduct an ex post facto investigation to work out how it happened.
If there is any large win, Crockfords give the punter a receipt and tell them they will 'wire the money later'.
They then go away and decide if they will actually wire the money or not.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 04:21 PM
Hadn't read that, but that certainly sounds like a freeroll to me.

The only real incentive they have to turn away action is lawyers fees.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 04:27 PM
Quote:
Originally Posted by TheJacob
Hadn't read that, but that certainly sounds like a freeroll to me.

The only real incentive they have to turn away action is lawyers fees.
The money Ivey wagered, that they kept, I think would cover that easily.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 05:38 PM
Quote:
Originally Posted by Wild Card
From the Judgement:


If there is any large win, Crockfords give the punter a receipt and tell them they will 'wire the money later'.
They then go away and decide if they will actually wire the money or not.
The judgement doesn't say that. You just made it up.

29 in full

Crockfords' practice when any large win by a punter occurs is to conduct an ex post facto investigation to work out how it happened. That was set in train on 22nd August by Michael Hoskins, managing director of security and compliance with Genting UK, formerly a police officer with the Metropolitan Police. He suspected that something was wrong and investigated possible collusion by the staff and the placing of a camera in the sorting machine and was soon satisfied that neither had occurred.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 05:39 PM
Quote:
Originally Posted by Wild Card
The money Ivey wagered, that they kept, I think would cover that easily.
They didn't keep his money. You made that up as well.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 06:56 PM
Quote:
Originally Posted by davmcg
The judgement doesn't say that. You just made it up.

29 in full

Crockfords' practice when any large win by a punter occurs is to conduct an ex post facto investigation to work out how it happened. That was set in train on 22nd August by Michael Hoskins, managing director of security and compliance with Genting UK, formerly a police officer with the Metropolitan Police. He suspected that something was wrong and investigated possible collusion by the staff and the placing of a camera in the sorting machine and was soon satisfied that neither had occurred.
No, I quoted precisely the relevant part of point 29.
The bit I wanted to talk about.
The quoted part is in the grey coloured 'quote' box.

The part outside of the quote box, is further explaination that i wrote myself.
The part written outside is not in a grey coloured box.
That part is not a quote.
Isn't this absolutely obvious?

Also see point 28.

Quote:
28. ... He was provided with a receipt for that amount and told that it would be wired to him.
By the way, this is not the whole of point 28 in it's entirety.
This is an excerpt from it that I want to draw your attention to.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 07:24 PM
Quote:
If there is any large win, Crockfords give the punter a receipt and tell them they will 'wire the money later'.
They then go away and decide if they will actually wire the money or not.
You made that up.

You can't provide any proof that it is correct.

You have no proof of your elaborate freeroll conspiracy which would involve numerous members of staff. Ivey's defence team produced no proof of an elaborate freeroll conspiracy (perhaps you think they are in on the conspiracy) and in fact their only progress has been that their client has been called a cheat by the appeal court judges.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 07:36 PM
Quote:
28. ... He was provided with a receipt for that amount and told that it would be wired to him.
By the way, this is not the whole of point 28 in it's entirety.
This is an excerpt from it that I want to draw your attention to.

I already wrote this before you posted.
Go read it.
Decision in Ivey/Borgata Case Quote
11-21-2016 , 07:50 PM
Quote:
Originally Posted by davmcg
You made that up.

You can't provide any proof that it is correct.

You have no proof of your elaborate freeroll conspiracy which would involve numerous members of staff. Ivey's defence team produced no proof of an elaborate freeroll conspiracy (perhaps you think they are in on the conspiracy) and in fact their only progress has been that their client has been called a cheat by the appeal court judges.
Correct me if I'm wrong, but they are permitted to allow people they suspect of cheating and/or advantage play to play and then decide whether or not to pay after the fact.

That's called a freeroll. If Ivey loses, which I believe is entirely possible, they just keep his losses.

There is a pretty big distinction between paying and then recouping via the court system and having a policy where you withhold winnings.

Last edited by TheJacob; 11-21-2016 at 07:58 PM.
Decision in Ivey/Borgata Case Quote

      
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