A District Court Judge has dismissed a $10 million countersuit by Czech casino owner, Leon Tsoukernik, against ARIA Resort & Casino and Australian poker professional, Matthew Kirk. Tsoukernik alleged that they colluded to intoxicate him and swindle him in a high-stakes poker game.
Everyone agreed that Kirk and Tsoukernik participated in a late-night poker session at ARIA’s Ivey’s Room in May 2017. Tsoukernik had been consuming alcohol. He then found himself in a bind, resorting to borrowing twice in increments of $500,000 and twice more in increments of $1 million to remain in the game.
The session concluded with Tsoukernik borrowing a total of $3 million from Kirk, only to lose it all to him. This has been verified through their exchanged texts.
In the subsequent days, efforts were initiated to negotiate a deal and resolve the debt. Kirk managed to retrieve $1 million, but in the end, he sued Tsoukernik to try to recover the remaining amount.
A Clark County District Court Judge dismissed eight out of ten claims filed by Kirk against Tsoukernik in October, labeling it as an unenforceable gambling debt. Nevertheless, Kirk was permitted to continue seeking the money based on allegations of fraudulent inducement and unjust enrichment.
This implied that if Kirk could demonstrate that Tsoukernik had no plans to pay, Tsoukernik could be declared morally at fault and be held accountable for the debt and damages.
The $10 million counterclaim
Kirk’s attorneys persisted in pursuing the issue on the same basis. In November, Tsoukernik retaliated with a counterclaim of $10 million.
Tsoukernik’s counterclaim asserted that both Kirk and the casino exploited him. It alleged that he was excessively served until he was visibly inebriated and encouraged to play for high stakes. The counterclaim also held Kirk partially accountable for leading him to that situation.
Tsoukernik alleged that they intoxicated him to such an extent that he required assistance in counting his chips and misinterpreting his cards. The counterclaim demanded $10 million in damages for character defamation and emotional suffering.
The Las Vegas Review-Journal reports that Tsoukernik’s allegation of a conspiracy between Kirk and ARIA hinges on the suspicion that Kirk concealed the source of the cash he used to play at such high stakes.
High-stakes poker backing has no bearing
However, District Judge Linda Bell dismissed the claim, stating that Kirk’s refusal to disclose his financial backing isn’t necessarily fraudulent. Furthermore, she said the origin of his funds is irrelevant to the case.
Lesley Miller, the lawyer of Tsoukernik, contended that Kirk’s concealment of his money’s origin was dishonest. Miller further implied that Kirk had deceitfully plotted with representatives from ARIA to put Tsoukernik in a precarious position.
Nonetheless, it seemed Judge Bell concurred with Kirk’s lawyer Richard Schonfeld. Schonfeld argued that Kirk did not order a drink for Tsoukernik, thus was not accountable for his level of drunkenness.
Regarding the alleged over-serving of Tsoukernik by ARIA, Judge Bell suggested that it should be a matter for the Nevada Gaming Control Board to address.
Judge Bell ruled that Tsoukernik must cover Kirk’s legal expenses for the counterclaim. Nonetheless, she permitted Tsoukernik the opportunity to submit the claim again based on different legal justifications.
Over the past year, Tsoukernik has fostered a strong relationship with the World Series of Poker. His King’s Casino in Rozvadoz, Czech Republic became the host venue for the World Series of Poker Europe in 2017. It was reported that Tsoukernik was the first player to book a seat at the Big One For One Drop poker tournament with a $1 million buy-in, set to take place at the 2018 WSOP.
In addition, King’s hosted two WSOP Circuit events in 2017, and a third one is scheduled for March 2018.
Caesars Interactive Entertainment owns and operates the WSOP, while ARIA is a property of MGM Resorts.
