I will defer to the one with legal training but, unless I am mistaken the judge said that Ivey and Sun's action resulted in created a marked deck. He said there was 2 violations of the legal code governing gambling by Ivey et al and his decision was based on a third line of reasoning that didn't revolve around either of the illegalities he cited. It seemed to me that the way his decision was written that Ivey et al would just have to pay back the money but if they continued to pursue it to a higher count and the judge ruled based on the illegalities as well that Ivey et al would likely face charges for the illegality. Often decisions are based on the best justice and the least cost to the state in time and expense in court rather than by actual guilt or innocence. This are plead down or judges decide to act on lesser charges so their penalty rendered is close to what they feel is justice rather than the ruling indicate an accurate assessment of guilt or innocence. I now defer to the distinguished council for comments on this post.
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