Phil Ivey's lawyers have filed a motion to dismiss the lawsuit filed by the Borgata Hotel Casino & Spa in which Ivey is reported to have cheated the casino out of $9.6 million in 2012. Ivey is accused of knowingly using a baccarat technique called "edge sorting" as an unfair advantage in the Borgata lawsuit. Ivey's response claims that his win was accomplished by "sheer skill."
Ivey's Wednesday filing of the motion to dismiss was reported by the Associated Press and conveniently took place a week after Ivey claimed his 10th gold bracelet at the World Series of Poker.
The Borgata suit claims that the pattern printed on the backs of the cards contain tiny variations and Ivey was able to spot them. The lawsuit alleges that during four sessions of Baccarat in 2012, Ivey exploited those manufacturing flaws in the cards to take advantage of the casino.
The Card manufacturer that designed the cards, Gemaco Inc., and Cheng Yin Sun, who is known as Ivey's partner for accompanying him to the Baccarat table and giving instructions to the dealer, have also been named in the lawsuit.
The AP goes on to report that Ivey's lawyers claim nothing that transpired during Ivey's Baccarat run with Sun at his side could be considered cheating. A six-month statute of limitations is also at question by Ivey's attorneys. They claim the time limit to recover any monies lost in an "illegal" game has expired and further state that individual casinos cannot pursue supposed violations of state casino regulations.
Ivey is no stranger to legal issues involving Baccarat winnings. He is the plaintiff in the biggest legal casino battle in UK history. Ivey sued Crockfords Casino in May of 2013 for withholding £7.8 million (approximately $12 million) that he won playing Punto Banco. Punto Banco is a form of baccarat and Crockfords have refused to pay, saying that Ivey used "edge sorting" at the casino to create an unfair advantage. Ivey has flippantly said the casino could only blame itself for not being aware of the cards' condition and he admitted that he used edge sorting to win.