In a story that has been brewing since last September, the Nevada Gaming Control Board has stepped in to settle a dispute between the fledgling Epic Poker League and poker player Michael DiVita – albeit not through the tournament organization itself.
As reported by QuadJacks.com, the NGCB mediated the argument between the EPL and DiVita that stems from DiVita not being allowed to play in their September Main Event. If you recall, DiVita was one of the nine players who won their way into the $20,000 Main Event through the $1500 Pro/Am played prior to the start of the big tournament. Just before the start of the Main Event, however, is where the dispute erupted.
As he prepared to enter the Main Event, DiVita was allegedly met by the EPL Standards and Ethics Committee chairman Stephen Martin and it was (depending on which side you believe) decided that DiVita would not play in the Main Event due to a prior sexual offense conviction. The true issue arose after DiVita requested his $20,000 payout for winning his seat into the Main, which was refused by the EPL.
Instead of paying DiVita the $20K, the EPL decided they would refund his $1500 buy in from the Pro/Am and state that DiVita “voluntarily” withdrew from the event. After DiVita refused the deal and stated he wanted to play the Main Event, Martin allegedly said to DiVita, “We will stop you…It will get very public, and probably be very embarrassing for you…We will say that you withdrew.” DiVita, who also alleged that Palms Casino Resort security (the home base of the EPL) was used as “intimidation” to accept the deal, then decided to take the $1500, but the end of the issue wasn’t determined yet.
Days after the incident, DiVita threatened a lawsuit against the EPL and its parent company, Federated Sports & Gaming, seeking the full $20,000 reimbursement for winning his seat. While DiVita didn’t appear to follow up on this threat, he did file a complaint with the NGCB in October against the Palms Casino Resort. After a full investigation, the NGCB’s findings were revealed late last month.
According to evidence presented by QuadJacks, the NGCB sent a letter to George Maloof, the president of the Palms, with the official decision of the regulatory agency. In that letter signed by Robert Boehmer, the supervisor of the NGCB Enforcement Division, the NGCB states that the Palms – through its affiliates in the EPL and FS&G – wrongfully barred DiVita from playing in the tournament. As a result of their decision, the NGCB ordered the Palms to pay DiVita the remaining $18,500 for the seat, which the Palms completed at the end of January and DiVita received.
The reason for the NGCB intervention is due to the fact that the EPL and FS&G are not licensees of the NGCB. The Palms, however, is responsible as a license holder under NGCB regulations.
With the apparent resolution of this dispute, both the EPL and DiVita can now move forward. The EPL’s fourth event of its five event inaugural season, which was scheduled to have taken place in January, has been postponed due to the glut of tournament poker events in the first quarter of 2012 and has, as of yet, been rescheduled. DiVita states that he has been contacted by an alleged buyer of the EPL, Pinnacle Entertainment, who has gone on record as saying that DiVita would not be barred from participation in any future events if Pinnacle was responsible for the tournament’s operation. “Alleged” is used because Pinnacle would not comment to DiVita if they had, in fact, already bought or were looking to acquire the EPL franchise.