UK Supreme Court to hear Phil Ivey's Baccarat Case

festeringZit · Oct 25, 2018

[ Borgata lawyers are claiming Ivey is worth $100 million, and is hiding it ]

[h=1]PHIL IVEY ASSETS TOTAL $100M AND BORGATA AIMS TO COLLECT $10M IN NV[/h][FONT=&quot]Written by Tom - Saturday 10:42 AM, High stakes reports[/FONT]
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[FONT=&quot]Many players can attest that prying money from Phil Ivey at a poker table has never been easy, and the Borgata Casino is finding out that it's just as difficult trying to extract cash from the poker superstar even with a court order.[/FONT]
[FONT=&quot]By: Charles Rettmuller[/FONT]
[FONT=&quot]The edge sorting case against the Poker Hall of Famer meandered in a new direction recently with the Atlantic City casino claiming that Ivey emptied out his New Jersey bank account, halting the Borgata in its efforts to collect on a $10 million judgment. So the casino has asked the court to allow the judgment to be registered in Nevada in order to go after Ivey's holdings in the Slver State.[/FONT]
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</twitterwidget>[FONT=&quot]Those holdings are in the ballpark of $100 million, claims Borgata, and include a Clark County condo, a home in Mexico, and a number of business ventures headed by Phil Ivey Enterprises.[/FONT]
[h=2]10-Time WSOP Champ[/h][FONT=&quot]Ivey has cashed for more than $26 million in his illustrious poker career, currently good for 7th place on the all time money list. Toss in another $19 million won online during Full Tilt Poker's glory days and that's almost half of the $100 million in assets that Borgata claims that Phil has.[/FONT]
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[FONT=&quot]Borgata's latest court filing stated that the casino has been unsuccessful in collecting on the $10 million judgment. A judge ruled previously that the Atlantic City casino can execute the judgment while various appeals by both parties play out.

https://www.highstakesdb.com/9129-p...0m-and-borgata-aims-to-collect-10m-in-nv.aspx
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festeringZit · Nov 5, 2018

ESPN 30 for 30 podcast on Ivey's edge sorting scandal:

https://30for30podcasts.com/episodes/a-queen-of-sorts/

niltes · Nov 5, 2018

ty zit, that was great.

Harrylewy · Nov 14, 2018

Time passed, but Borgata casino still could not get their money back.

festeringZit · Feb 23, 2019

[h=1]Borgata Casino Wins Motion To Track Down Poker Pro Phil Ivey's Assets In Nevada[/h][h=2]Atlantic City Casino Still Seeking $10.16 Million Owed Since December 2016[/h]

by Steve Schult | Published: Feb 06, 2019

A federal judge in New Jersey has given the Borgata Hotel and Casino approval to go after Phil Ivey’s assets in Nevada.
The Atlantic City casino is still owed $10.16 million from the 10-time World Series of Pokerbracelet winner after winning a lawsuit in 2016 for baccarat winnings Ivey and his partner, Cheng Yin Sun, won over a couple sessions in 2012. The duo used a practice called “edge sorting” which allowed them to spot defects on the backs of cards to gain an advantage on the house.
Ivey and Sun netted about $9.6 million from the baccarat tables and Ivey parlayed his winnings into another $500,000 victory at the craps table, which was how Judge Noel Hillman landed on the $10.16 million figure he owed Borgata.
Unfortunately for Borgata, Ivey lacked substantial assets in the Garden State. After the ruling in its favor, the Borgata could only find a Wells Fargo bank account in Ivey’s name in the state. The account was empty and Borgata’s legal team claimed that the pair had transferred their winnings to a Mexican bank account.
Back in October 2018, Borgata filed a motion to cast a wider net to locate Ivey’s assets. The motion stated that they had found the cash in Nevada and that the casino could go after it to force repayment.

“Although the extent of Defendant Ivey’s business holdings is unclear, it is believed that Ivey Poker, LLC is the entity behind Ivey League, Ivey’s poker oriented website,” Borgata’s legal team wrote. “Ivey’s holdings have been estimated at $100 million, and the above shows these holdings, at least those that are ascertainable, are based in Nevada. Ivey has also disclosed a luxury home in Cabo San Lucas, Mexico on his social media account. It is possible that one of Ivey’s Nevada entities is the ultimate owner of this home.”
On Jan. 28, the order was filed to docket the judgment in Nevada, which Hillman signed the next day. Ivey’s legal team did not protest the decision.
Ivey used the same edge-sorting techinique to win $12.4 million at Crockfords Casino in London, which the casino did not pay out. After a lawsuit, the courts upheld the decision by the casino to refuse payment.

festeringZit · Feb 23, 2019

[h=1]Film Based on Phil Ivey's Baccarat Partner Cheung Yin “Kelly” Sun in the Works[/h][FONT=&quot]<time datetime="2019-02-16T11:45:00-08:00" style="box-sizing: border-box; opacity: 1;">February 16, 2019</time> Valerie Cross[/FONT]

[FONT=&quot]<iframe name="f36decb9bb763f8" width="90px" height="1000px" frameborder="0" allowtransparency="true" allowfullscreen="true" scrolling="no" allow="encrypted-media" title="fb:like Facebook Social Plugin" src="https://www.facebook.com/v2.6/plugins/like.php?app_id=23033572720&channel=https%3A%2F%2Fstaticxx.facebook.com%2Fconnect%2Fxd_arbiter%2Fr%2Fvy-MhgbfL4v.js%3Fversion%3D44%23cb%3Df1b0f3602f7550c%26domain%3Dwww.pokernews.com%26origin%3Dhttps%253A%252F%252Fwww.pokernews.com%252Ff2ae34da5298a68%26relation%3Dparent.parent&color_scheme=dark&container_width=0&href=https%3A%2F%2Fwww.pokernews.com%2Fnews%2F2019%2F02%2Ffilm-based-baccarat-partner-cheung-yin-kelly-sun-33375.htm&layout=button_count&locale=en_US&sdk=joey&width=90" class="" style="box-sizing: border-box; max-width: 100%; position: absolute; border-width: initial; border-style: none; visibility: visible; width: 73px; height: 20px;"></iframe>

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[FONT=&quot][FONT=&quot]SHARELINES[/FONT]

Learn more about 'The Baccarat Queen' film project, which will depict the life of advantage gambler Kelly Sun.

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[FONT=&quot][h=2]TABLE OF CONTENTS[/h]

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[FONT=&quot]The world of high-stakes gambling has proven to be an intriguing topic for audiences of literature and film, as demonstrated by the success of recent works "Molly’s Game" and "Crazy Rich Asians". Now, a high-stakes tale involving Phil Ivey’s famed edge-sorting partneris heading to the big screen.[/FONT]
[h=2]The Baccarat Queen[/h][FONT=&quot]Ivanhoe Pictures, the division of SK Global that recently produced "Crazy Rich Asians," is setting out to portray the story of Cheung Yin “Kelly” Sun, one of the most successful female gamblers in modern history. "The Baccarat Queen," being produced in collaboration with Jeffrey Sharp of Sharp Independent Pictures, is based on Michael Kaplan’s 2017 articleentitled "The Baccarat Machine" (another nickname of Sun’s), which appeared in Cigar Aficionado.[/FONT]
[FONT=&quot]The film will depict the life of Sun, a Chinese woman whose family’s wealth was stripped by the government forcing her to grow up in poverty. In particular, it will portray the story of a cunning and ingenious gambling scheme motivated by revenge that led to one of the most lucrative betting runs in history, Deadline reports. Sun took casinos for tens of millions in the game of baccarat in less than a year and brought one of the most prolific poker players in the world along for the ride.[/FONT]
[FONT=&quot]According to Kaplan, part of Sun’s masterful technique of edge-sorting involved convincing Chinese-speaking dealers to turn particular cards “for good luck,” allowing her to predict with relative ease key cards to beat the house. Favorable terms were also often negotiated as is sometimes the case for high-rolling clientele, and the pair beat casinos for more than $30 million during their run.[/FONT]
[h=2]Gambling Legend Heads to the Big Screen[/h][FONT=&quot]"The Baccarat Queen," a working title, will be a predominantly English-language film featuring Asian characters. Sharp and SK have previously partnered for the Stephon Marburybiographical movie "My Other Home," written and directed by Larry Yang, and the upcoming drama "Stride," written by Neville Kiser and Sophia Pan to be directed by Arvin Chen. Further details on the film are forthcoming, but the producers have provided some insight into what the audience may expect.[/FONT]
[FONT=&quot]"'The Baccarat Queen' is a truly captivating story that will feature a diverse international cast, a goal that Ivanhoe continues to pursue as global storytellers," says Ivanhoe Pictures president John Penotti. "We are thrilled to partner with Sharp as we tell this exciting, high-stakes tale of cunning and revenge.”[/FONT]

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[FONT=&quot]“We couldn’t be more excited about bringing this powerful, female-driven story to the screen with John and the Ivanhoe team,” Sharp added. “They are the perfect home for this project.”[/FONT]
[h=2]Ivey and Sun Continuing the Fight[/h][FONT=&quot]Not all of the wealth Sun and Ivey acquired was secured, as some casinos got hip to the plotand took action. After Ivey and Sun won £7.8 million from Genting-owned Crockfords Casinoduring a series of punto banco (a game similar to baccarat) sessions that took place in August 2012, Crockfords refused to pay out.[/FONT]
[FONT=&quot]Ivey made headlines when he sued Crockfords in July 2013. A series of appeals kept the case alive, but in November 2017, the U.K. Supreme Court upheld a previous Court of Appeals ruling in favor of the London casino.[/FONT]
[FONT=&quot]That ruling came less than a year after a U.S. District Court ruled in favor of the Borgata in Atlantic City, ordering Ivey and Sun to pay back millions of baccarat winnings. The total of $10.1 million to be returned included $9.6 million the duo won using their signature edge-sorting technique, and Borgata is currently working on seizing the funds.[/FONT]
[FONT=&quot]Regardless of the lost court battles, both Sun and Ivey have made quite the names for themselves in gambling circles the world over. Pretty soon, the moviegoing world will learn more details of the life of professional advantage gambler Kelly Sun.[/FONT]
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niltes · Feb 23, 2019

they renamed the IVEY room at the aria to table one.
it still amazes how the courts protect the casinos in
almost every gray area while emasculating the gambler.

slapshot · Feb 23, 2019

I’ll pass on the Cheaters movie

HacheMan · Feb 23, 2019

niltes said:
it still amazes how the courts protect the casinos in
almost every gray area while emasculating the gambler.

Even when the casino is clearly wrong.

It's really become old.

halekulani · Feb 23, 2019

phil's life story is going to make one hell of a movie
one of my favorite gamblers/hustlers

Linaru · Jun 28, 2019

Hache Man said:
Even when the casino is clearly wrong.

It's really become old.

This is one of those stories why people began to prefer online casinos. I'm not a professional player and it matters to online casino promotion bonus. In addition, the possibility of cheating here is extremely small and can track the logs in any case. For now, I just play for my own pleasure and I know that the rules are one for everyone.

festeringZit · Jul 9, 2020

Phil Ivey Reportedly Settles With Borgata, Ending 6-Year Legal War

<time datetime="2020-07-08T13:00:00-07:00" style="box-sizing: border-box; opacity: 1;">July 08, 2020</time>Mo Nuwwarah

18

TABLE OF CONTENTS

The long legal battle between poker superstar Phil Ivey and East Coast casino Borgata over nearly $10 million that the former won in baccarat may finally be coming to a close.
NJ Online Gambling reported Wednesday morning that Ivey and Borgata had reached a settlement, citing a July 2 filing in the U.S. Court of Appeals for the Third Circuit.
Per usual in these cases, terms were not disclosed.
Ivey initially won the money all the way back in 2012, playing a series of sessions with gambling partner Cheung Yin “Kelly” Sun under agreed-upon conditions that enabled the pair to have a sizable edge on Borgata, unbeknownst to Borgata officials.
Borgata filed suit in 2014 and a legal war ensued for the next half decade.
According to gaming attorney and sometime PokerNews contributor Mac VerStandig, the only real surprise is that the two sides took this long to come to terms.

"It's unsurprising to see litigation settled, especially at the appellate stage where both parties have had the opportunity to air respective grievances, and the cost of going forward may outweigh what either party stands to gain," VerStandig said. "Cooler heads normally prevail sooner but it's not at all surprising to see it come to pass here."

History of Legal Back-and-Forth

While the legal war started in 2014, it took until late 2016 for a big inflection point to finally occur. At that point, the judge presiding over the case sided with Borgata and ordered Ivey and Sun to return more than $10 million they'd won — the at-issue baccarat millions plus some craps winnings.
The case continued on appeal, and some sources reported Ivey was in danger of losing tens of millions to Borgata if things continued to go poorly in court.
Further damage against Ivey came when Borgata was granted clearance to seize his Nevada assets early last year. They followed through on that in high-profile fashion, garnishing Ivey's winnings when cashed in the $50,000 Poker Players Championship.
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<figcaption style="box-sizing: border-box; font-size: 12px; opacity: 0.7; max-width: 100%;">Ivey's PPC winnings were forfeit.</figcaption></figure>Ivey's Hidden Progress

However, while every turn was seeming to go against Ivey, he was all the while making some small gains in the background, like a poker player stealing enough blinds to stay afloat in a tournament.

"Borgata's case has always had serious vulnerabilities"

The appeals process was apparently going far better for Ivey than the initial case. Of central concern was the issue of whether he had cheated by marking cards. While nobody disputed that he hadn't marked the cards in the traditional sense, Borgata argued that turning the cards in different directions so Ivey and Sun could identify tiny imperfections in them — "edge sorting" — constituted marking.
NJ Online Gambling reported that Ivey was likely a small favorite on appeal, a sentiment with which VerStandig agreed.
Conclusion Not Thrilling, Not Surprising

If Ivey were to win his appeal, the case would have continued on remand, going back to a lower court for reconsideration.
Borgata would have been forced to return the $124,410 it had already seized from Ivey, and nothing would have been guaranteed going forward. Both sides would have also been on the hook to continue shelling out attorney fees, which have been mounting the entire time in the long-running case.
Furthermore, even if Borgata emerged a winner in court, it's uncertain whether anything but a Pyrrhic victory would have been achieved. A New Jersey search for Ivey's assets only turned up a "zero-dollar" bank account, and Ivey has been keeping most of his poker-playing activities out of the U.S. and away from Borgata's reach.
NJ Online Gambling also pointed out that ultimately losing the case "could potentially create a precedent that could harm parent company MGM Resorts International in future cases involving cheating or advantage casino play."
Given that there appears to have been more downside than upside at this point for Borgata, the settlement seems unlikely to have been very costly for Ivey.
"Borgata's case has always had serious vulnerabilities and Borgata is certainly justified in getting whatever settlement it can get and not risking those vulnerabilities on a remand," VerStandig said.

VIEJODINOSAUR · Jul 10, 2020

Good for Phil....screw those casinos....

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festeringZit · Apr 13, 2021

[h=1]The Phil Ivey Baccarat Saga Gets The Harvard Treatment[/h][h=2]Paper in the Harvard Journal of Sports and Entertainment Law wonders what defines cheating[/h]
[FONT=&quot][FONT=&quot]It’s not every day that a paper in the Harvard Journal of Sports and Entertainment Law starts its introduction with “Cheater, cheater, pumpkin eater,” but then again it’s not every day a Hong Kong-born card sharp spends four years plotting her revenge against a worldwide casino conglomerate and teams up with one of poker’s top players in an effort to exact that revenge. And it’s also not every day that they succeed, with one of them ending up in court, losing, then settling on appeal — in other words, winning — and then have a movie starring Awkwafina made about the whole ordeal.
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[FONT=&quot]“This was an interesting question of someone saying, ‘You’re cheating,’” said Nanci Carr, a California-based lawyer and assistant professor of business law at California State University, Northridge. “As a lawyer you have to ask what does cheating mean, and according to statute, what they did? It was not cheating.”[/FONT]
[FONT=&quot]This sent Carr down the path of investigating this case and what it means for the future of gambling, with her work ending up in the prestigious journal earlier this year.[/FONT]
[FONT=&quot]Perhaps we should nutshell all of this. It’s a lot to digest, frankly. Cliff’s Notes coming up. Take a deep breath and …[/FONT]
[FONT=&quot]Cheung Yin “Kelly” Sun is the daughter of a Hong Kong factory owner. She studied French and fashion at the Sorbonne but then decided to become a professional gambler, and she was very good at it until an incident in 2007 at the MGM Grand in Las Vegas when she loaned a friend a $100,000 marker. Her friend didn’t pay the casino back, Sun went to Paris for six months, and when she came back to the States she was arrested on the tarmac in Philadelphia. She spent three weeks in jail for the unpaid marker until a relative paid off her gambling debt, and at that point, as she told reporter Michael Kaplan, she decided she was going to make MGM pay for having her jailed and …[/FONT]
[FONT=&quot]{deep breath**[/FONT]
<figure id="attachment_81018" aria-describedby="caption-attachment-81018" class="wp-caption alignnone" style="box-sizing: border-box; margin: 5px 20px 1.25em 0px; padding: 0px; border: 0px; font-variant-numeric: inherit; font-variant-east-asian: inherit; font-stretch: inherit; font-size: 16px; line-height: inherit; vertical-align: baseline; max-width: 100%; color: rgb(51, 51, 51); width: 750px;">

<figcaption id="caption-attachment-81018" class="wp-caption-text" style="box-sizing: border-box; margin: 3px 0px 0px; padding: 0px; border: 0px; font-style: inherit; font-variant: inherit; font-weight: inherit; font-stretch: inherit; font-size: 12px; line-height: inherit; font-family: inherit; vertical-align: baseline; color: rgb(160, 160, 160); text-align: center;">Awkwafina arrives for the 2018 Hollywood Film Awards in Nov. 2018.</figcaption></figure>[FONT=&quot]… then she spent the next four years studying the backs of playing cards, learning the patterns, identifying small asymmetries in an effort to gain an edge. She would convince dealers to turn cards around for “luck” when in fact she was figuring out which cards they were based on these miniscule differences that were roughly 1/32 of an inch thick. She was trying to identify sixes, sevens, eights, and nines, the key cards in a hand of baccarat. She was successful, but in order to win huge money, she needed a whale to put up even huge-ier money. In the meantime, she was winning at MGM properties across the globe. Surveillance picked up on her winning ways, but casinos did nothing to stop her. An ex-boyfriend/mentor caught wind of all this, and offered to introduce her to superstar poker pro Phil Ivey for a 10% stake which she accepted, and she met with Ivey and before you can say “take a deep breath …”[/FONT]
[FONT=&quot]{deep breath**[/FONT]
[FONT=&quot]… the two of them made over $30 million traveling the world, with Ivey putting up the money and playing the cards while Sun watched the deck and would indicate to Ivey what card was coming out of the shoe before he placed his bet. The card would determine the bet. Then they went to the Borgata in April 2012, where Ivey asked for – and received – a private area to play, the ability for a guest to be with him (Sun), an automatic shuffler, and a dealer who spoke Mandarin Chinese. All of these were important for “edge sorting,” as the technique Sun mastered is called. Sun would instruct the dealer — in Chinese — to put the cards this way or that for “luck,” with “luck” in this case being Sun’s ability to know what the next card out of the shoe was going to be because the automatic shuffler kept the cards facing in the “lucky” direction. Over four trips to the Borgata, the two of them won nearly $10 million.[/FONT]
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[FONT=&quot]The Borgata was none too pleased when it found out about the duo’s technique, cried foul, sued, won the original court case, and then settled on appeal last year. The terms of the settlement remain undisclosed.[/FONT]
[h=2]Cheating, or advantage? That’s the question[/h][FONT=&quot]Got it? Good. And now it’s all part of the Harvard Journal of Sports and Entertainment Law, thanks to Carr, who found herself fascinated by the story she first saw in Cigar Aficionado.[/FONT]
[FONT=&quot]“I got to thinking about it, and yes, Ivey did use an advantage,” she said. “So, OK, some will say it’s cheating. But on the other hand, casinos use all kinds of advantages. If you’re going to say he can’t use an advantage, then the casino shouldn’t be able to either.”
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[FONT=&quot]This sent Carr down the rabbit hole of the saga.[/FONT]
[FONT=&quot]“Everyone was pointing the finger, saying, ‘He cheated, he cheated,’ but as a lawyer, one of the things I spend much of my day doing is figuring out what words mean in a contract,” she said. “Did he really cheat, or did he just play the system? Really thinking of it from that perspective, that’s what got me interested in it.”[/FONT]
[FONT=&quot]And what Sun and Ivey did, by Carr’s measurement? Not cheating. Not even close.[/FONT]
[FONT=&quot]“What’s really inexcusable from the casino perspective was that Phil Ivey said I want these types of cards, and I want an automatic shuffler, and this kind of dealer, and the casino said OK,” Carr said. “Well why do you think Phil was asking for these things? Of course he was asking because he thought it would give him some sort of advantage. It’s not like he had a secret device in his pocket. He came right out and said I want these three things, and they said OK.”[/FONT]
[FONT=&quot]Carr also points out casinos routinely use their own advantages in trying to separate a gambler from their money, using everything from free booze to technology in an effort to prevent players from winning.[/FONT]
[FONT=&quot]“There is technology available to monitor exactly what’s going on at the table, so that if a pit boss isn’t paying attention, the tracking software will alert someone that we have to change things at that table,” she said. “The player certainly can’t have any electronic device monitoring anything, but the casinos get to have an electronic device.”[/FONT]
[h=2]The future of whales, plus online advantage[/h][FONT=&quot]As a result, Carr believes so-called “advantage play” isn’t going anywhere — only thing, it’s the casinos using the advantages.[/FONT]
[FONT=&quot]She concludes her paper wondering what the state of the casinos will be in the months and years post-COVID; will they continue to try and prevent winners at any cost, or will they open things up in an effort to get people back at the tables? Especially — and specifically — she wonders about the Ivey-like whales, who casinos depend on for constant churn.[/FONT]
[FONT=&quot]“What’s going to happen with the whales is the more interesting question,” Carr said. “The casino needs them. What’s going to happen next time they want the million dollar advance, and they ask for an auto shuffler? That’s the big question.”[/FONT]
[FONT=&quot]Another big question Carr didn’t address in her paper — but which she’s thinking about — is what’s going to happen when something like this occurs online.[/FONT]
[FONT=&quot]“The bottom line is any time any of us are playing a game, we all naturally want to have an advantage. If it’s tennis, we want a good racquet. If it’s golf, we want to have the best golf clubs. Anything that can give us an advantage,” she said.[/FONT]
[FONT=&quot]“In the online space, obviously the providers are going to have the best technology they can get to manage it, to make sure things don’t go wrong. But the gamers are going to want to have the same kinds of advantages. Will people try to connect some sort of technology to it (the casino apps) so they can figure it out and get an advantage? I’m sure they’ll try. At that point, the question becomes whether or not that’s wrongful conduct, then we’ll get back to a question of what’s in the statutes.”[/FONT]
[FONT=&quot]In the meantime, the film — tentatively titled “The Baccarat Machine” — is still in pre-production. Ivey is back on the poker tour. As for Sun? A Google news search doesn’t turn up anything recent. Probably exactly the way she’d prefer it.

https://sportshandle.com/phil-ivey-baccarat-harvard/
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festeringZit · Apr 13, 2021

“This was an interesting question of someone saying, ‘You’re cheating,’” said Nanci Carr, a California-based lawyer and assistant professor of business law at California State University, Northridge. “As a lawyer you have to ask what does cheating mean, and according to statute, what they did? It was not cheating.”
This sent Carr down the path of investigating this case and what it means for the future of gambling, with her work ending up in the prestigious journal earlier this year.

“Everyone was pointing the finger, saying, ‘He cheated, he cheated,’ but as a lawyer, one of the things I spend much of my day doing is figuring out what words mean in a contract,” she said. “Did he really cheat, or did he just play the system? Really thinking of it from that perspective, that’s what got me interested in it.”
And what Sun and Ivey did, by Carr’s measurement? Not cheating. Not even close.

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