The controversial 2014 Borgata Winter Poker Open held during the month of January was canceled midway after it was revealed that unaccountable number of counterfeit chips were in play. The $569 NLHE Re-entry tournament had attracted 4812 entrants to create a prize pool of $2,325,835. The revelations about the counterfeit chips came during the stage when the playing field was down to just 27 players.
The play was eventually suspended with the 27 players being awarded an amount of $19,323, although the actual amount would come around $53,079 if the prize pool of $1.43 million was split in 27 equal parts. The fake chip scandal allegedly orchestrated by Christian Lusardi, saw the casino refunding the tournament entry fees to about 2,143 players.
Fresh allegations about the casino paying up extra money to players who agreed to sign a confidentiality deal surfaced later this year followed by a Civil Action Complaint lawsuit filed by a group of six disgruntled players who are seeking the leftover amount of $33,756.44 in damages that will add up to the legitimate amount of $53,079.
Complaints Against Borgota
The Borgata Casino & Spa was ordered by the Division of Gaming Enforcement(DGE) to pay back the 2143 entrants who were directly affected by the scandal. The refunds were made after a three month investigation by DGE. It was revealed that the counterfeit chips may have directly affected the players in the rooms where Christain Lusardi, the perpetrator of the fake chip scandal may have introduced them.
Even though the prize money was split up 27 ways to pay $19,323 to the final 27 players, there have been serious allegations made by the complaining players that many in the list of 27 were paid extra money in exchange for signing a confidential agreement that bars them from revealing the amount they were paid.
The group of complainants include six players- Cuong Phung,Christopher Korres, Duane Haughton, Alvin Vatanavan and Michael Sneideman. The plaintiffs are being represented by Maurice B. Verstandig and William H. Pillsbury, lawyers from Offit Kurman, P.A. The complaints filed against Borgota allege four counts that accuse Borgota Casino of Negligence, Negligence per se , Breach of Implied Contract and Breach of Contract.
The imposter chips worth $800,000 used in the game made it to the final stages due to sheer negligence and poor supervision on part of the casino authorities. The complainants allege that the absence of camera surveillance at a high stakes tournament like this speaks volumes about the standards at which the casino was functioning.
The inadequate means employed by the casino to operate the tournament calls for two counts of complaint based on Breach of Contract and Breach of Implied Contact. A count of negligence per se in the complaint states that the Casino violated the Security Statute by letting parts of the tournament venue operate in overflow facilities. According to the statutory regulations a casino licensee must provide for effective simulcasting facilities during the tournament to ensure optimal security and fair-play.
The lawyers William Pillsbury and Maurice B,Verstandig stated that they would welcome more representation opportunities in case any other member from the Final 27 who has not been secretly paid off by the Borgota’s Casino is interested in joining the litigation. The plaintiffs have demanded a trial by jury as it expects the court to issue summons in a week or two. Another class action lawsuit filed by a Egg harbor Township resident, Jacob Musterel is on behalf of over 4000 entrants who bought into the tournament on the first day.
Charges against Borgata
The charges pressed against the Borgota Casino center around negligence on the part of the casino authorities. Inadequate supervision of the tournament venue ultimately led to this scandalous affair with players losing their valuable time and money.
The standard of operation at the Borgota Casino during the 2014 Winter Poker Open was found to be quite inferior with no surveillance cameras to detect the introduction of faulty chips during the play. Even after reports of counterfeit chips entering the play surfaced in the middle of the game the concerned authorities failed to pay heed.
The ideal solution to implement would have been inventorying the chips and freezing the tournament as soon as the first incidence of counterfeit chips being used was reported. But the Casino and its personnel failed to act prudently which resulted in the players frittering away their time and money at the tables.
According to the charges the Pro Rata Chop Value that should have been paid to each one of the 27 players amounted to $33,756.44, of which only $19,323 was actually paid. The casino has been accused of utter negligence as it allowed the rigged game to continue even after it was brought to their notice after players themselves compromised play to inform the staff.
Brian Brennan, a spokesperson for the Borgata’s refused to comment on the litigation stating that the casino does not comment on a litigation. He further directed the questions on the investigation to the New Jersey Division of Gaming Enforcement(DGE).
According to Kerry Langan, a spokesperson for DGE, a criminal investigation is still underway and the results of the regulatory investigation are expected soon. Meanwhile the suspension order placed by the DGE will remain in place along with the prize money which has been held in escrow by the casino until further notice from the state.
Christian Lusardi a 42-year-old gambler from North Carolina was in the news when he was arrested for allegedly trying to flush down chips worth $2.7 million at an Atlantic city hotel room. The counterfeit chips that were spray painted by Lusardi and it was used to win $6,814 on the first day at the tables and was introduced into the play at different times.
Fake chips worth $800,000 were recovered at the Borgata Casino, as around 160 chips worth $5000 each were found to be circulating around in the scandalized 2014 Borgata Winter Poker Open, earlier this year. The event was eventually suspended long after the foul-play was detected as the Casino claiming to have never experienced an occurrence like this in ten years of its operation as a tournament provider.
Although Lusardi was accused of rigging a publicly exhibited contest, Borgota failed to deliver its promise as a licensed provider of poker tournaments. It jeopardized the hopes of thousands of poker players who traveled far to eventually take part in a rigged tournament that never had a chance.