Phil Ivey-Borgata Update: WSOP Event 58 Winnings Confirmed Garnished
Flushdraw has confirmed via court records that New Jersey’s Marina District Development Co., LLC, the parent company of the Borgata Hotel Casino & Spa, was successful in having Phil Ivey’s 2019 World Series of Poker Event #58 winnings of $124,410 garnished.
In our last update in the legal battle between Ivey and the Borg, the casino had succesfully docketed its $10.13 million judgment against Ivey and co-defendant Cheung Yin “Kelly” Sun into the Nevada court system, in an attempt to attach assets discovered there belonging to Ivey, a long-time resident.
It was known by that July update that the Borgata had also served notice upon the World Series of Poker and its head tournament director, Jack Effel, presumably occurring when Borgata’s officials and counsel learned of Ivey’s making the money in Event #58, $50,000 Poker Players Championship.
That presumption and other elements have now been confirmed via additional court documents that have since been filed in the case. On June 27, as Ivey battled deep in the PPC, Borgata counsel Jeremy M. Klausner sent an e-mail to two executive members of Caesars’ legal team, Michelle Bushore and N. Lynne Hughes.
The text of that letter, which was titled “Caesars Entertainment/Rio/WSOP Writ of Execution”, offered this:
Please be advised that I represent Marina District Development Co., LLC (“Borgata”) with respect to Borgata’s case again Philip Ivey and Cheung Yin Sun. You may recall that we obtained a judgment against Ivey and Sun for $10.lM as a result of the baccarat edge sorting scheme. You may also be aware that Mr. Ivey is currently playing in WSOP Event #58 ($50,000 Poker Player’s Championship). As of the end of day 3, Mr. Ivey is the chip leader and “in the money” as one of the final twelve entrants. Today we had a writ of execution from the District of Nevada served by the U.S. Marshal on Caesars Entertainment/Rio/WSOP at the Rio in Las Vegas, Nevada. The writ was personally delivered to Jack Effel, WSOP tournament director. A copy is attached. The writ attaches any assets due Mr. Ivey from Caesars/Rio/WSOP, including his payout for Event #58 (and WSOP bracelet if he is the winner). We also had a writ of execution issued from the District of New Jersey to Caesars Interactive Entertainment, Inc. (WSOP.com). Although the NJ writ has not been served, it is in process for service by the U.S. Marshal in Camden. Please ensure that Caesars/Rio/WSOP does not make any payments to Mr. Ivey in violation of the duly served writ. When the current event is over, we or the U.S. Marshal will provide instructions for payment. Should you have any questions, please do not hesitate to contact me.
Klausner also forwarded the appropriate legal documents to Caesars’ legal team, and, following Ivey’s eighth-place exit in the PPC, that $124,400 payday was frozen. It is unclear exactly when Ivey learned that his winnings were earmarked for garnishment.
In a mid-July filing, Caesars itself confirmed that the $124,410 had instead been transferred to the US Marshals Service in accordance with Nevada state law. Caesars also filed an image of the check as made out to the agency:
Caesars and the WSOP also filed for and received a release from further liability in connection with Ivey’s Event #58 cash. As part of its response, Caesars’ counsel wrote:
In this case, this Court issued the Writ of Execution served on Caesars restraining delivery of any money due to Mr. Ivey. Since the time of service of the Writ of Execution, Caesars had in its possession the total amount of $124,410.00 (the “Ivey Funds”). Caesars is not the employer of Mr. Ivey; Caesars is not a financial institution; and Caesars does not know of any additional debts due to Mr. Ivey. Thus, Caesars has delivered the total Ivey Funds to the United States Marshal Service, fulfilling its obligations and relieving itself of further liability pursuant to NRS 31.310.2.3