Borgata Casino Hit with Class Action Lawsuit for Cancelled Poker Tournament

A New Jersey man says that an Atlantic City casino failed to properly protect Texas Hold ‘Em players from fraud after a criminal allegedly used fake chips and forced the cancellation of poker tournament in a class action lawsuit against Borgata Hotel Casino and Spa.

Plaintiff Jacob Musterel seeks to certify a Class of himself and 4,000 other players who paid a $560 entrance fee to enter a January tournament held at the Borgata Hotel Casino called the “Big Stack No-Limit Hold Em” event, alleging that the casino and its operators “failed to properly supervise the event…; failed to implement adequate security measures” and “acted negligently in permitting an utterly rigged gaming event to occur at their casino.”

Another individual, since arrested by police according to Musterel’s class action lawsuit, had reportedly used fake chips to play in the tournament, and as a result the event had to be ended. However, this would not have happened and affected those who paid the poker tournament entry fee had Borgata adequately monitored the number of chips and secured them following play, the class action lawsuit alleges.

Further, the casino or its employees allegedly should have been able to halt the event had it taken the above steps and prevented the cancellation of the tournament. Instead, the company “characterized the security failures as essentially a ‘learning experience’ for the casino, and as presenting an opportunity to improve its security apparatus (obviously inadequate during the subject tournament) for future events.”

However, officials at Borgata Hotel and Casino have failed to refund the fees for weeks and compensate Musterel and other players “despire the indisputably rigged nature” of the Big Stack No-Limit Hold Em event held in Atlantic City, the class action lawsuit says.

As a result, the class action seeks not only the return of the poker tournament entrance fee for the putative class but also damages based on the purported negligence, violations of the New Jersey Consumer Fraud Act, breaches of implied warranties and unjust enrichment.

According to local news outlets, a North Carolina man was arrested after reportedly using $800,000 in tournament chips and gaining another $1.9 million during play and charged by local police. A separate regulatory investigation by the New Jersey Division of Game Enforcement has not concluded.

The plaintiffs are represented by class action attorneys Bruce C. LiCausi and Randall J. Peach.

The Borgata Casino Poker Tournament Class Action Lawsuit is Jacob Musterel, et al. v. Marina District Finance Co. Inc., et al., Case No. L-000701-14, New Jersey State Superior Court, Atlantic County Division.