According to the legal response filed on Friday, the Borgata admits to destroying the playing cards integral to the lawsuits and counter-lawsuits between Phil Ivey, his co-defendant, and the Atlantic City casino. Further, the casino argued that the countersuit was inadmissible because “any injury they suffered was a result of their own conduct.”

Ivey and Sun’s countersuit claims the Borgata destroyed the player’s card decks to get rid of the evidence. The Borgata argued back that their action of destroying the player’s cards was not only during the regular course of doing business, but was a standard casino practice approved by the New Jersey Division of Gaming Enforcement. Further the card destroying practice occurred years prior to the casino becoming aware of the player’s edge sorting expertise.

Ivey and Sun won a total of $9.6 million dollars playing baccarat at the Borgata in four sessions – in 2012. The Borgata did not file their lawsuit demanding the money be returned until 2014, and did so once Ivey lost a similar case in England, and that case is currently under appeal.

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