The federal judged didn't say he cheated. Didn't say it was against the rules of Baccarat. But he did say it was against the state gambling rules of Jersey. Has anyone seen the FULL decision? Frank?
http://abcnews.go.com/US/wireStory/j...rules-42978759
"Women and cats will do as they please, and Men and dogs should just relax and get used to the idea" --- Robert A. Heinlein
Have not been able to find court's order yet, and suspect it has not yet been issued for publication. We will have to wait for clerk's office to open on Monday. Perhaps it will be issued then.
In the interim, this blog post provided some insght into the court's reasoning, with his focus being on card marking, via edge sorting strategy:
http://blogs.northjersey.com/meadowl...form=hootsuite
"Your honor, with all due respect: if you're going to try my case for me, I wish you wouldn't lose it."
Fictitious Boston Attorney Frank Galvin (Paul Newman - January 26, 1925 - September 26, 2008) in The Verdict, 1982, lambasting Trial Judge Hoyle (Milo Donal O'Shea - June 2, 1926 - April 2, 2013) - http://imdb.com/title/tt0084855/
It's on PACER. I downloaded the MSJ opinion and saved it here: https://drive.google.com/open?id=0B1...TFBMHZvbjBhYkE. Enjoy.Originally Posted by Frank Galvin
The Court found that asking the dealer to turn certain cards constitutes "marking" cards under the New Jersey statute. Seems like a real stretch...opinion didn't cite any precedent for such a broad construction (footnote 11 made me literally lol)...will be interesting to see what the third circuit has to say about this in the (inevitable) appeal.
I found it interesting that the Borgata felt using an ASM was using a cheating device. That they were the ones that possessed and used marked cards. But to me the logic that Ivey's group marked the cards by their instructions made perfect logical sense. The fact that there was an intentional deception fit the scam or fraud description. I am not sure the judge has the right to overrule the enforcement arms judgement. When charges are not brought against you they have decided there is insufficient evidence that you violated the law. They just didn't forget to make a decision. That was 2 enforcement arms coming up with the same decision. The argument that the enforcement arms failed to make a decision is a deception in itself. Perhaps once the case is in his courtroom the judge can assume the power to interpret the law but to interpret that the enforcement arms made no decision is a lie.
Thanks for saving opinion from PACER.
Interesting tact for court to take it upon itself to essentially engage in administrative rulemaking in the vacuum created by New Jersey Gaming Commission's failure to define terms.
As for footnote 11, wonder if court read any industry books for research, other than Miriam-Webster Dictionary and Black's Law Dictionary. I mean, he was not shy in citing to pop song lyrics. Why no reference to industry (casino or AP) literature, say from Steve Forte or Dustin Marks?
Last edited by Frank Galvin; 10-25-2016 at 05:01 AM.
"Your honor, with all due respect: if you're going to try my case for me, I wish you wouldn't lose it."
Fictitious Boston Attorney Frank Galvin (Paul Newman - January 26, 1925 - September 26, 2008) in The Verdict, 1982, lambasting Trial Judge Hoyle (Milo Donal O'Shea - June 2, 1926 - April 2, 2013) - http://imdb.com/title/tt0084855/
Most importantly, the odds will be set up to benefit the house and the state will tax the revenue.
………In this case, the uncontroverted facts establish that ..Ivey and Sun “High-stakes” professional gamblers, set out to shift the odds of the casino game ..away from the house and in their favor.
Look out Don Johnson, you are next.
Look out card counters, you are next.
So, from this I assume if I put up $1M and request the house pay me two to one on bj and the house agrees to it, I have changed the odds of the game and all bets are off if I win but not if I lose. I am sure Borgata would have refunded Ivey’s money if he had lost and asked for a refund.
“Ivey made 5 requests ….and Borgata agreed to Ivey’s requests. In return, Ivey agreed to wire a front money deposit of $1M to Borgata.”
How has Ivey broken a contract or played unfairly when the casino agreed to all of his requests. They even agreed to turning the cards for him.
When will the casinos be required to put on their man panties and be bound by their contracts. If Walmart makes a calculation error and prices a product below cost and sells them, can they cry foul and sue the purchasers or do they have to eat a bad decision?
Ivey may be a “High-stakes” professional but so is the casino. If they make a contract with a player, they should be required to honor it or else the State must specify the rules of each game and not allow the casinos to negotiate any changes whatsoever.
Play within your bankroll, pick your games with care and learn everything you can about the game. The winning will come. It has to. It's in the cards. -- Bryce Carlson
Posting Permissions
Reply With Quote
Bookmarks