TI fined $10,000 for backrooming incident

Quote: Wizard

I don't think the player's case is that strong. The TI could make a decent argument that the player stole $500 from the table, which was just cause to detain him. However, such detainment is supposed to be for purposes of making a citizen's arrest, which they never followed through on. Plus, I doubt they had a search warrant to go through his pockets. However, I think Gaming would have jurisdiction to prosecute for said violations, and the 10K fine was in exchange for a release of claims. Again, I think the TI got off light.

It appears, on the surface at least, that this event is similar to OJ taking back "his" property in a hotel in Las Vegas. Since TI was fined there has to be some degree of wrongdoing. How egregious does it have to be to take it out of the gaming commissions hands and a real prosecuter take over?

Quote: matilda

How egregious does it have to be to take it out of the gaming commissions hands and a real prosecuter take over?

Good question. I have never understood exactly where the authority of Gaming ends and the state courts take over. In this matter I think Gaming has authority over punishing the casino for Gaming violations. The state courts would be the ones to hear a civil claim should the player initiate one.

Quote: Wizard

I don't think the player's case is that strong. The TI could make a decent argument that the player stole $500 from the table, which was just cause to detain him. However, such detainment is supposed to be for purposes of making a citizen's arrest, which they never followed through on. Plus, I doubt they had a search warrant to go through his pockets. However, I think Gaming would have jurisdiction to prosecute for said violations, and the 10K fine was in exchange for a release of claims. Again, I think the TI got off light.

The only thing that tilts me in the player's favor is that no action had occurred. I'm not saying it's a great defense, but saying that he "Stole" it when he himself put it in the betting circle and removed it before any cards were revealed or information was gathered could be a stretch to the NGC. If any cards were revealed, then yes, 100% it is theft. A civil suit arguing matilda's claims (with the fine as proof of wrongdoing by TI) would probably be settled out of court for more than $500!

The gaming commission still has to make a factual determination of what happened and its clear that the commission found the taking of the chips from the detainee's pockets while he was handcuffed was wrongful. Its up to the player to press charges and have any such criminal charges heard by a court of competent jurisdiction. The finding by the Commission would in no way be binding upon a later tiral court. The Commission is focused more on corrective action than punishment. None of this involves any civil claim for damages for duress, false imprisonment or larceny.

Some really good stiff fines would help since the situation is so bad with casino security guards but the primary concern is better training to avoid such incidents in the future.