Late last week, a class-action lawsuit was filed against Borgatain Atlantic City over the cancellation of a poker tournament due to the introduction of fake chips. According to the Press of Atlantic City, Jacob Musterel is leading the lawsuit on behalf of over 4,000 fellow players.

You’ll recall that there’s already been an arrest in the case. Christian Lusardi was picked up in January after reportedly trying to flush fake chips down the toilet in a hotel room in Harrah’s Atlantic City. According to an article at the time, Lusardi (pictured) “was charged with rigging a publicly exhibited contest, criminal attempt, and theft by deception.” His bail was set at $300,000. Lusardi was the chip leader after the first day of the tournament.

Borgata officials froze the prize pool and canceled the tournament in mid-January. The action was stopped when 27 players remained and the tournament had entered its third day. The winner was set to make $372,000 and six-figure paydays were scheduled for the top four finishers.

As far as what the lawsuit is seeking, the Press of Atlantic City explained, “The lawsuit filed in Atlantic County Superior Court alleges fraud and negligence on the part of Borgata and accuses the casino of failing to properly supervise the event. The claim seeks refunds of the players’ buy-in money and entry fees as well as reimbursement for incidental damages, such as travel costs.”

Musterel’s attorney, Bruce LiCausi, commented to the Press, “In my 31 years in practice, I have to say this is one of the cleanest claims we’ve had. Borgata holds itself as a respected provider of poker tournaments. They might say this is a learning experience for them, and while that’s laudable, it’s at the expense of the thousands who traveled to Atlantic City and entered this tournament under the expectation that it would be run properly.”

LiCausi told PocketFives in an exclusive statement, “Because the State came in and shut down the tournament and there are regulations that govern the operation of casinos, by extension, if it’s found that there’s a violation of consumer protection regulations and the casino is liable, then there’s what’s called strict liability. Now, you’ve added another layer of recovery.”

The fake chips in question (pictured) had a value of 5,000 and CNN detailed that authorities found 160 of them. At the time the tournament was stopped, 423 players had already made the money.

The fate of the prize pool remains uncertain while New Jersey gaming authorities continue their investigation, likely looking at whether another party besides Lusardi was involved. He also has run-ins with the law involving illegal gambling and bootlegging DVDs.

We’ll keep you posted on this story as it develops.

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