Borgata originally accused Ivey of exploiting manufacturing defects in the deck of cards that was used during four sessions of baccarat in 2012 to win $9.6m.
According to ESPN, attorneys for Ivey and co-defendant Cheng Yin Sun filed the case on Wednesday in New Jersey.
Suit Claims Borgata Destroyed Flawed Cards
The countersuit claims that Borgata destroyed the cards that were used during Ivey's winning sessions at Borgata in 2012. The countersuit reads:
“Plaintiff Borgata knew that those playing cards were critically material to Ivey and Sun's defense…”
The case also makes the argument that the casino was aware that playing cards have cutting “tolerances” and that Ivey never touched the cards. In other words Ivey followed the rules set by the casino.
Of course last year Ivey lost a similar case against Crockfords Casino in Britain’s High Court.
Ivey lost $12.4m when the court decided his edge-sorting techniques were not legitimate although the judge explicitly stated that Ivey did not knowingly cheat. There is an appeal scheduled for December.
It remains to be seen how the case against Borgata proceeds considering this time Ivey actually received his winnings while Crockford’s never paid him his $12.4m in winnings.
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