Atlantic City’s Borgata Casino and poker pro Phil Ivey are locked in a legal battle that took a fresh turn recently when the former filed documents in court and requested for the dismissal of the latter’s counter suit.

Last year, Borgata Casino sued Phil Ivey. In July, Ivey’s lawyers decided to counter sue the casino. The case is related to the $9.6 million that Phil Ivey and Cheung Yin Sun, his Chinese friend, won while playing high-stakes baccarat games at Borgata Casino in 2012. Both Sun and Ivey admitted that they had used a strategy called “edge sorting” to use manufacturing defects to their advantage. Ivey argues that he has done nothing illegal. But the casino refuses to agree with him.

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In his case against the casino, Ivey claims that the casino has destroyed all the cards that were used during his gaming sessions. Last week, the casino produced documents in court to prove that the destroyed cards have nothing to do with its case against Ivey.

According to a document filed by the casino on October 7, “the playing cards used by Ivey and Sun during their trips to Borgata in April and May 2012 were destroyed in the regular course of business. New Jersey regulations require cards to be destroyed or ‘cancelled’ within 72 hours of the time they are collected from the casino floor.”

Edge sorting is a strategy in which gamblers use manufacturing defects on playing cards to gain “first card advantage” or “first card knowledge.” Players who get first card advantage or first card knowledge gain an advantage of around 6.765% over the casino. Court documents state that this player advantage is as much as 5.5% for banker bets and 21.5% for player bets in case of baccarat.

One of the court documents accuses Sun of practicing edge sorting in her house and practicing it for nearly three years before trying it out at a casino. It also claims that Sun is the “the only known person” capable of edge sorting in baccarat. Although players expressed willingness to pay her any amount to learn the skills of edge sorting, she refused to part with the knowledge.

Ivey is accused of taking Sun to the casino under the agreement that he would share the winnings with her.

In his counter suit against the casino, Ivey says that the casino has taken advantage of him. So far, he hasn’t succeeded in getting the casino’s case dismissed.

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