Judge rules against White Marlin Open winner

Richard Pollitt
The Daily Times

Philip Heasley, the 2016 winner of the While Marlin Open tournament, has been disqualified from the competition and will not receive the $2.8 million award after a judge ruled against him Wednesday.

The winning catch at the White Marlin Open  at 76 pounds, caught by Phillip Heasley  from Naples, Fla., is now the subject of a court case.

The ruling comes more than 10 months after Heasley, a native of Naples, Florida, and his shipmates were accused of cheating by tournament officials after catching a 76.5-pound white marlin Aug. 9 on board the Kallianassa.

Officials believed Heasley and his shipmates violated tournament rules by catching the fish prior to 8:30 a.m. — the official start time to cast a fishing line.

Heasley was the only participant to catch a qualifying white marlin.

Following his victory, Heasley and his crew were required to take a polygraph test to comply with tournament rules. Heasley failed the test resulting in the withholding of his earnings, officials said.

"We are obviously disappointed by today’s ruling," said Chris Sullivan, Heasley's attorney in a statement Wednesday. "We maintain that Mr. Heasley and his crew abided by all of the tournament rules and regulations. We are discouraged that the court did not credit the evidence that we provided during the trial. We are reviewing the decision and are considering our options."

For White Marlin Open officials, the decision brought some vindication.

"The odds all the polygraphs were done wrong was less than 1 percent," President of the White Marlin Open Jim Motsko said Wednesday. "There was a whole lot riding on this — our integrity, the tournament's integrity, and we upheld our end of the contract."

The White Marlin Open released a statement on its Facebook page Wednesday afternoon stating the ruling.

After a two-week trial in United States District Court for the District of Maryland, the Honorable Richard D. Bennett has ruled that the White Marlin Open properly applied the rules of the tournament to the 2016 White Marlin Open. Philip Heasley, one of the anglers in the 2016 Tournament, and his crew members aboard the Kallianassa, had not passed polygraph examinations, which were required under the rules of the tournament. The Court also found that Mr. Heasley and the crew of the Kallianassa violated the Tournament Rules by deploying fishing lines before 8:30 a.m. on Tuesday, August 9, 2016, the date they caught the 76.5 pound white marlin.

As a result of the polygraph examination results, White Marlin Open did not pay the prize money of Two Million Eight Hundred Eighteen Thousand Dollars ($2,818, 000.00) to Mr. Heasley. Instead, to protect the integrity of the tournament and to act in fairness to all participants, White Marlin Open filed an interpleader action in court and asked the Court to determine whether the White Marlin Open directors had acted appropriately in withholding the money from Mr. Heasley.

In a two-week trial, White Marlin Open put on evidence of the appropriateness of the polygraph examinations, and the reasonableness of its actions in withholding the prize money under the tournament rules. The court verified that White Marlin Open, Inc., had applied its rules in a fair manner, had the authority to impose the polygraph upon its participants as a way to verify that rules of the tournament were not violated by the winning anglers.

Throughout the case, the intention of the White Marlin Open directors has been to protect the integrity of the tournament and to ensure that the rules are applied fairly for all participants. The White Marlin Open, like many other tournaments, has found that the use of polygraphs is an effective method of ensuring compliance with the rules. The White Marlin Open is pleased that its reputation for integrity, built over its forty-three-year history, has been upheld.

As the 2017 tournament approaches, the tournament directors are determined to continue the fair and impartial application of the tournament rules so that all participants have confidence in the results of the tournament. The tournament directors are committed to maintaining the tournament as an open and enjoyable experience for all anglers, whether professional or amateur, who participate in this world recognized event.

The court also ruled the White Marlin Open Incorporation followed all standard rules and did not breach the contract set between the organization and participants, according to court records.

"Ultimately, this Court concludes that Mr. Heasley’s arguments are without merit. The White Marlin Open complied with its obligations and did not breach the Tournament Rules contract as a matter of law. Consequently, Mr. Heasley’s performance under that contract was not excused," Judge Richard D. Bennett said in his statement. "By failing to satisfy the Tournament Rules’ polygraph requirement, Heasley himself failed to perform under the contract and is not entitled to the Prize Money."

Prosecutors also disputed whether the Kallianassa had left the Ocean City Marina prior to the 4:30 a.m. start time.

A federal trial was held in Baltimore where a judge heard testimony from Heasley, crew members, tournament officials, polygraph experts and computer forensic experts. The trial was moved from Worcester County to Baltimore in September.

BACKGROUND: White Marlin Open trial: Expert defends time of launch

The prize money will now be distributed among more than a dozen other fishermen that competed in the tournament. The judge has yet to announce exactly how much money will be given to each fisherman.

The 2017 White Marlin Open is scheduled to begin Aug. 7. Though Heasley and his attorneys have the option to appeal, Motsko is relieved the trial is over and is looking forward to a fair and enjoyable experience for those participating and observing.

"The tournament is going to go on as normal. We just put up the evidence and the judge decided," Motsko said. "I'm just relieved these 11 months of hell are over."