Borgata definitely did not take it too kindly when Phil Ivey tried to delay and hold on to the money he won from them via the edge sorting technique. As he tried to appeal to overturn the decision that he must pay back the $10.1 million (but apparently fell on deaf ears), the casino has amped up their legal game to perhaps give Ivey a very harsh lesson.
Borgata is currently searching for a way to punish Ivey anew and take more than the $10.1 million it has already been awarded to them in 2016 by District Court Judge Noel Hillman.
Borgata tried to squeeze money out of the manufacturer of the cards used in the controversial edge sorting scheme, Gemaco, but the playing cards company got off the hook and just paid a mere $26.88, the value of the cards used in the game.
After that, Ivey and his attorneys pushed to delay the execution of the judgment that says Ivey must pay the $10.1 million to Borgata, claiming that paying such a huge sum in one go would severely hurt Ivey's bankroll and disable him from earning a living via his gambling activities.
This 2018, Ivey however had returned to the live tournament circuit and even joined high-stakes poker games like the $1 Million Big One for One Drop. So far Ivey had cashed in $2.4 million since his live tourney comeback.
USPoker reported that the Borgata lawyers want to attempt once again in proving that Phil Ivey and his companion Cheung Yin "Kelly" Sun were guilty of committing fraud and a bunch of RICO violations when they performed the edge sorting sham on the casino and got away with almost $10 million in 2012.
Should they win, Borgata could most likely triple the $10.1 million they would originally get paid by Ivey.
Last week, Borgata's lawyers filed a cross-appeal with the US Court of Appeals for the Third Circuit, asking the higher court to review all New Jersey District Court decisions that did not favor Borgata in the original case.
Naturally, this includes Judge Hillman's decision that even if Ivey and Sun were guilty of breach of contract in the case, they did not commit fraudulent acts or violate state and federal RICO laws. In the casino's initial fraud and RICO violation file, it claims the casino is entitled to Treble Damages, which will allow the court to triple the $9.6 million in damages that Borgata sought.