Ivey claims that the lawsuit against him is frivolous and completely without merit. Furthermore, he says the casino has willfully and with malice destroyed the evidence that would clear him of any wrong-doing. The Borgata sued Ivey and a co-defendant last year, alleging that Ivey and the co-defendant used defective cards, which allowed for strategic advantage in the game.
Because Ivey is a well-known high-stakes gambler, he was well positioned to negotiate special arrangements before the alleged incident. His requests include being given a private game pit, as well as a specific brand name and the color of the cards for the game (purple Gemaco). It is these cards which form the basis of the suit. Unfortunately, we might never know if the cards were, indeed, defective, as they have been destroyed.
According to the lawsuit, Ivey argued the Borgata destroyed the cards - killing his ability to show the cards were not defective. Associated Press noted Ivey has lost a similar case in Britain after the casino accused him of cheating with the same technique, and refusing his award. Ivey claimed his cards comprise a "legitimate strategy." Ivey asserts his innocence, leaning on his skills and observation to achieve his success. The legal issues raised in the case of the United kingdom will be considered again in the month of December, as Ivey has been given time to appeal.