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Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

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201–210 of 213 posts

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#201

Earlier quoted context omitted.

The profit-driven focus hinges on one interpretation of a court case, and nothing at all to do with liability shielding from corporate status. Similarly, the punishments doled out aren't constrained by matter of law from being effective, but rather, by the dynamic of the system and the willingness of the public to accept it from judges and prosecutors. My point was that you've been propagandized to believe that the l…

> The system would be much better if we actually enforced it. Right. But ... > Which you guys refuse to demand from officials, because you've bought in to the notion that what they're doing is legal. No. Many of us demand that but nobody listens because they know they don't have to. Realize that making the laws unenforceable is the intent. This is what I mean by patching vs replacing. Let's say we managed to get a fe…

Limited liability for corporations isn't unconstitutional.

However, Im very interested to hear how you propose to make an economy work without limited liability.

I dont think you have anything like a plan for that, and have confused the behavior of a few large corportations with corporatioms in general, while simultaneously missing the actual social structures causing the problems you list and the benefits of corporations.

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#202

Earlier quoted context omitted.

I think you're deeply misunderstanding my position. I don't think we should accept and normalize this behavior from corporations, I think we should reject corporations as valid entities with a right to exist entirely. Expecting corporations to behave ethically is not a reasonable expectation. Unlike individual humans, corporations only have incentives to make money. I think policing is necessary, but it won't ever wo…

Im sorry, but your position just sounds like uninformed radicalism. Most corporations manage to act ethically; corporations (big and small) have non-profit motives; and limited liability is pretty much required to have a functional economy. Your arguments are largely about scale, locality, and control structure, and nothing about corporations per se.

> Im sorry, but your position just sounds like uninformed radicalism.

Don't be sorry for labeling my position, just don't do it. If you had a defensible position you could defend it without name calling.

> Most corporations manage to act ethically;

Inasmuch as it is profitable to do so, sure. It rarely remains profitable to do so, however.

Could you point out some examples of successful corporations acting ethically when it was not profitable to do so?

> corporations (big and small) have non-profit motives

Examples?

> and limited liability is pretty much required to have a functional economy.

Is it? Iceland put their bankers in jail and recovered more quickly from the subprime mortgage crisis than anyone. Limited liability allows economies to function for the rich, but that's a rather narrow view of functioning. The stock market is not the economy.

You cannot support policing and limited liability--limited liability means that policing has no teeth.

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#203
post #29

Earlier quoted context omitted.

Response to your edit. I still think this was the wrong opinion. If the cards are not shuffled that is a clear violation of the rules of the game. No such violation occurred here. There are no such rules about card orientation because usually casinos use ones with symmetrical backs.

Casinos use cards that they hope have symmetrical backs. In this case they were not symmetrical. Now who's fault is that? The player didn't bring the cards to the table, the casino did. If they want to cry foul and say those games are void so they don't have to pay out $10M, how much do they have to give back to players who used those same cards? They can't have it both ways. Were the games that were played with faul…

It's not that the cards were marked because they were asymmetrical, it was the combination of the asymmetry and Sun manipulating them that caused them to be marked. So other games with those cards are fine as long as none of the players were manipulating the game so that asymmetry gave them an advantage. The player didn't bring the cards, but they did purposefully manipulate them to effectively play a game with marked cards, and that's why the game wasn't legit.

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#204
post #197

Earlier quoted context omitted.

Consider a deck of cards that has a triangle printed on the back. This triangle is printed exactly the same on every card, such that they are all indistinguishable from each other. Now rotate some of the cards 180°. Those rotated cards are now distinguishable from the other cards, because the card print is not rotational-symmetric. This rotation is what caused the cards to be marked, even though the printed pattern w…

I understand technically how it worked, I'm merely arguing that their interpretation of "marked", and also their interpretation of the party doing so is quite liberal, at least for a courtroom. The player (Ivey) did not bring, substitute, touch nor coerce the casino into doing anything with the cards. His assistant asked the dealer to flip some cards and he abided willingly, supposedly on behest of the casino to acco…

I think the wording of the law is very broad, and "marked cards" is only one of the conditionals listed. Since you seem to be taking a very strict definition of "marked cards", other conditionals of the law were also met:

> Knowingly to deal, conduct, carry on, operate or expose for play any game or games played with cards, dice or any mechanical device, or any combination of games or devices, which have in any manner been marked or tampered with, or placed in a condition, or operated in a manner, the result of which tends to deceive the public or tends to alter the normal random selection of characteristics or the normal chance of the game which could determine or alter the result of the game.

Specifically, it seems like the cards were "placed in a condition" and "operated in a manner" which "alter[ed] the normal chance of the game" for Ivey and Sun.

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#205

Earlier quoted context omitted.

Bet placement and payment are all functional parts of a casino game. You can't ignore them when reading the regulations. If Ivey placed bets differently than he otherwise would have, then the game was affected.

But the section of the CCA Ivey is accused of breaching makes no allowance for whether or not any specific game was affected. It requires that the behaviour tends to affect the game, and given that the casino was happy to accommodate all requests and didn't see card rotation as anything more than superstition, I would argue that rotating a card would not tend to affect the game. Even if it does, there is a specific p…

I'll refer to my response on another thread:

https://news.ycombinator.com/item?id=13238503

> Specifically, it seems like the cards were "placed in a condition" and "operated in a manner" which "alter[ed] the normal chance of the game" for Ivey and Sun.

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#206

Earlier quoted context omitted.

There was no criminal ruling in this case. The ruling is that the implicit contract of the game was voided, according to the Casino Control Act. Returning the funds is just unwinding the executed contract. You'll note that there are not even any punitive penalties being applied. Only the money earned during the game is to be returned.

> Only the money earned during the game is to be returned. Part of the ruling was that Phil Ivy had to pay back $500,000 which he won in a craps game as well.

If I steal $100,000 dollars from you, then use some of that money to buy your car, would you expect to have your car returned to you?

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#207

Earlier quoted context omitted.

> Right, but it's not dependent on intent. But it does appear to be dependent on knowledge , as per the law quoted in this comment: https://news.ycombinator.com/item?id=13227445 Ivey and Sun knew how to read the marked cards.

If I was caught carrying marked cards nobody would believe I didn't know. The casino has an entire anti-fraud department which exists to catch this sort of thing and we're supposed to believe they didn't notice this for years... But that's only half the post you linked to... Importantly, the precedent involving the unshuffled deck didn't involve knowledge. Despite everyone's intentions the game was not setup correctl…

Considering that the imperfections were on the order of 1/32 of an inch, or 0.8 millimeters... Yes, I can absolutely believe that they were missed on visual inspection.

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#208

Earlier quoted context omitted.

It would negate winnings from games using those specific cards where some of the cards were specifically rotated.

Right, but the casino has a great opportunity to rotate the cards in every game. Can you definitively state that the dealer never rotated one of your face-up cards after a hand? We only have their word that they didn't know the deck was marked. They could have been cooperating in fraud for years. Let certain players win, especially against a troublesome high-roller. Save it to invalidate a huge win, etc. It's improba…

Baccarat is a purely mechanical game from the house perspective. Even if the dealer had perfect premonition and telepathy, the behavior of the house would not change.

> Sun trained herself to identify aberrations along the left or right margins of the card backs, no wider than 1/32 of an inch, the Times reported.

Also, the imperfection was 1/32 of an inch, not 1/32 of the card width. Though the wording is ambiguous; it may be that the margin was 1/32 of an inch, in which case the imperfections within the margin were even smaller.

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#209

Earlier quoted context omitted.

I wonder if Ivey would lost the game, could he request to get his money back because the game was "unlawful"?

No. The casino doesn't know the cards are "marked".

As I understand from the quotes above it doesn't matter which party knows about marked cards - the game is unlawful anyway.

Re: Famed poker pro with ‘remarkable’ $9.6M scheme has to pay it back

#210

Earlier quoted context omitted.

Im sorry, but your position just sounds like uninformed radicalism. Most corporations manage to act ethically; corporations (big and small) have non-profit motives; and limited liability is pretty much required to have a functional economy. Your arguments are largely about scale, locality, and control structure, and nothing about corporations per se.

> Im sorry, but your position just sounds like uninformed radicalism. Don't be sorry for labeling my position, just don't do it. If you had a defensible position you could defend it without name calling. > Most corporations manage to act ethically; Inasmuch as it is profitable to do so, sure. It rarely remains profitable to do so, however. Could you point out some examples of successful corporations acting ethically…

I labeled it as seeming such because I was hoping you'd elaborate, rather than baldly assert what are radical positions.

Before I answer your question, could you define what you mean by successful? I know that sounds facetious, but I mean it seriously -- most people mean, say, Walmart when I would consider a profitable local grocer to be successful, even without growth.

Examples of not-profit driven corporations would be any of the not-for-profit entities, for starters. Then you can get in to social purpose corps, c-corps where the shareholders focus on structural stability and long-term value preservation, etc. It seems that you're limiting your idea of corporations to being large, traded on Wall St corporations -- which I agree are problematic. Where I think we disagree is on the solution: I prefer smaller, localized corporations while you want to abolish them entirely (which I think inflicts a great deal of collateral damage, taking the idea to a net negative).

Limited-liability is purely the notion that assets not given to or gained from the corporation aren't subject to covering its debts just because you own part of the corporation. It has nothing to do with shielding executives from fraud or criminal prosecution, nor shielding the corporation's assets from unlimited liability.

The reasom we didn't put bankers in jail (like we should have) is that they didnt want to allege multi-thousand person conspiracies and RICO act the banks. That's because the political will isn't there, and not because the bankers were shielded from liability. I think we should use RICO against a lot of corporate malfeasance -- the law is literally designed to go after the leaders of large criminal organizations and seize related assets.

I disagree, very sharply, that the notion of limited liability means policing has no teeth. We're merely too light in seizing corporate assets in repinse to damages (eg, fines are too small) and we're too reluctant to prosecute crimes from business executives. But neither of these has to do with limited liability.

I would also point out that in my experience, limited liability helps a TON of small businesses, who would shut down if the owner's entire assets were required to be at risk because of employees. Myself included: I wouldn't run a consultancy (of myself and one friend) if giving "bad" advice (in the determination of a questionably informed and often emotionally swayed jury) meant my entire life could be taken away. It's not worth the risk to specialize and trade services under that framework -- the risk from courtroom whims is too high. (I do support public directories of bonded professions, however. That gives the client a good idea of how much risk they should take on because of your decisions. The problem is this presents barriers to entry.)

Or is your position that I should only be allowed to offer my services under the aegis of a large firm which would prevent personal liability to me as an employee? That seems far worse and more classist than the present system, which offers the immunity to anyone with $200/year.

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