Withdrawal From Epic Poker League Tournament Could Lead to Lawsuit

Michael DiVita made statements to QuadJacks claiming that his supposed choice to withdraw from the second Epic Poker League Main Event was anything but voluntary. While this had been suspected by many in the poker community already, DiVita stated that he might choose to sue the EPL over the handling of the situation.

According to DiVita, after winning a seat in the EPL Main Event by reaching the final table of the Pro/Am event, he returned to the Palms Casino Resort on Monday to register for the main event. After being stalled, he hold QuadJacks, he then received a call from EPL committee chairman Stephen Martin, who DiVita claims told him that the EPL would find it in their best interest not to allow him to play.

Given the fact that he was convicted of a crime in 1991, and has been a registered sex offender ever since, DiVita reportedly wasn’t surprised by the action. He agreed to withdraw voluntary – provided that the EPL would give him the $20,000 buy-in that he won through the Pro/Am in cash.

That’s where things became contentious. According to DiVita, Martin told him that the EPL had no intention of giving him the full $20,000, and would only refund him his entry into the Pro/Am, worth $1,500. At that point, DiVita said that if he wouldn’t be refunded the $20,000 in full, he would simply play in the tournament, regardless of what the league asked him to do.

According to DiVita, he was told that he would be stopped from entering the tournament if he attempted to enter, and several security guards were present as Martin told him that the league would say he had withdrawn voluntarily.

In response, DiVita told QuadJacks that he will file a lawsuit should he not receive the remainder of the $20,000 he feels he won (an additional $18,500 beyond the $1,500 that was already refunded) in the next ten days. If he does not receive the money at that time, he has threatened to sue – both for the $18,500 he believes he is owed, and additional damages.

Ultimately, the league did say publically that he withdrew from the tournament – but Mr. DiVita disputes that account vigorously.

“If I ever felt like I had a choice, I would have made it, and it would have been to play in that tournament,” he said. “Instead, I was intimidated by the use and presence of several security guards, and felt like I really had no choice at all.”