Borgata Casino Is Being Accused of Negligence by the Six Plaintiffs
Last week, six tournament poker players filed a suit against the Borgata casino in Atlantic City, after officials from the tournament canceled the event. The cancellation happened after a gambler was found using counterfeit chips to boost his chances of winning.
The six gamblers in the lawsuit are Duane Haughton, Michael Sneideman, Cuong Tran, Alvin Vatanavan, Christopher Korres, and Cuong Phung. These men argue their chance at those winnings denied to them through no fault of their own. Each plaintiff is seeking $33,756.44 from the Borgata for their share of the prize pool they say the Borgata pocketed.
Borgata Winter Poker Tournament
During the 2014 Borgata Winter Poker Tournament at the Borgata in late January, one man was accused of using counterfeit chips to boost his chip stack. Christian Lusardi was staying at a room at Harrah’s Resort and Casino in which fake chips were found matching those introduced illegally in the casino. Police allege Mr. Lusardi learned that the casino officials had spotted the fraud and began to investigate, so he flushed chips down the toilet. This caused a blockage of the water system, which eventually led to water leakages and customer complaints.
Officials believe Christian Lusardi introduced fake chips into the tournament several times during play–well over $1 million in chips by the end of his run. Lusardi entered Day 2 as the chip leader, but he busted out on that day. For his troubles, Lusardi earned $6,814 in winnings. New Jersey State Police Casino Gaming Bureau apprehended Lusardi after the hotel staff investigated complaints and found the counterfeit chips.
Borgata officials suspended the tournament before play was finished, leaving unresolved who the winner of the event would be.
February Class-Action Lawsuit
In February, players in the tournament filed a class action lawsuit. New Jersey Division of Gaming Enforcement (DGE) Director David Rebuck ruled in February that the Borgata was responsible for distributing $1,721,805 to the eligible entrants who participated in the Borgata Winter Poker Tournament. $1,433,145 of that money was the announced prize money in the event, while $288,720 in revenue taken from eligible entrants. The entrants who were paid included all players who played on Day 1a, except those who played in the Event Center busted out before 4:30pm, when Christian Lusardi began play. All entrants who played in the Signature Room and Poker Room on Day 1b also were excluded, because they could not have been affected by Lusardi’s actions. Everyone who played on Day 2 were excepted from the payments.
The tournament had over 4,800 entrants, while 2,143 entrants were eligible for payments. At the time of the tournament’s suspension, 27 players were still active in the event. Each of those players receiver $19,323 apiece.
How the Plaintiffs Arrive at the Figure
The plaintiffs argue they had larger chip stacks than players who received the same amount as them. They believe the 27 remaining players should have received equal shares of the $1.43 million prize pool. If this had taken place, they would have received $53,079.44 apiece. Instead, they received $19,323, along with many other players. $33,756.44 is the difference between the two amounts. The six plaintiffs also are asking for attorney fees, which is a standard expectation in such lawsuits. The players filed a “Civil Action Complaint” on Tuesday with the Superior Court of New Jersey.
The lawyers in the case are William H. Pillsbury and Maurice B. VerStandig of Offit Kurman, P.A. The suit charges Borgata with four counts: Negligence, Negligence Per Se, Breach of Contract, and Breach of Implied Contract.
Maurice VerStandig Speaks
After filing the complaint, VerStandig said in a prepared statement, “The four counts each represent an independent cause of action against the Borgata, and each is independently meritorious in light of the egregiously inadequate means with which the Borgata operated the Winter Open.”
The lawyers were quick to point out the money they were asking to receive was modest, in comparison to other such lawsuits in the past. VerStanding added, “However, the damages sought are not cumulative, so at this time we are only seeking the pro rata chop value, plus interest and attorneys’ fees, on behalf of each plaintiff, and we are only asking the court to award this money once, regardless of there being four counts.”
Officials from the Borgata have not yet released a statement on this newest lawsuit in the Borgata Winter Poker Tournament Chip Scandal.
