Anyway, don't know about the rest. Always interesting to hear individual results from enforcement. Never really know what they are going to do next.
out acts likes this rather severely.
Quote: tongniProbably not illegal, but your friend may spend $30k-80k in lawyer fees to prove that. Just because something is legal, doesn't mean you should do it or you will get away with it. You may PM for more detailed advice.
It is not illegal. Why would he spend 30k and up? The charge must be for something that is illegal. You don't have to prove a charge that doesn't exist.
In fact, if this was not a tribal casino, the casino would end up paying when a lawyer took them to court for illegal imprisonment. However, since it is a tribal casino, there is probably little recourse for a lawsuit.
Quote: darkozIt is not illegal. Why would he spend 30k and up? The charge must be for something that is illegal. You don't have to prove a charge that doesn't exist.
In fact, if this was not a tribal casino, the casino would end up paying when a lawyer took them to court for illegal imprisonment. However, since it is a tribal casino, there is probably little recourse for a lawsuit.
BTW - Every casino has published consequences in their club rules of what happens during unauthorized use of the cards by members other than the card holder. In every casinos literature, the consequences are usually forfeiture of promotional comp and, termination of membership. This is a casino standard (check the rules on almost every casinos website if you don't believe me.)
The published consequences are the only consequences the casino can do. If there were laws (you could be charged with a crime) then that would be stated.
Now, use of the cards without other players permission is a crime (theft of comps) and the tribal casino may be investigating (I'm sure they are not going to take your friends word for it.) Most likely, they will email or call the card holders to confirm. If they say they know nothing about it (to keep their comps) then your friend may be in trouble but these people would have to testify at a trial. And then your friend may have to spend thousands to get through this pickle. He should tell his family and friends to speak the truth if the casino contacts them.
Quote: BleedingChipsSlowlyOne tribal casino operating in Connecticut states "membership benefits are non-transferable," the other says "benefits are only valid for the guest whose name appears on the card." I think it probable the tribal casino your friend visited has a similar provision, and if so, he was violating tribal law. That said, it is generally known that spouses sharing a card is tolerated, but playing a large number of other people's cards is not. Your friend should have been aware of the risk he was taking. If you take the casinos money in a way they don't approve, of course they will step on you hard.
Please recognize that rules of a casino are not laws. Now tribal lands may be different however, if you were in a non-tribal casino and the rules you stated above were printed, this would not make using multiple cards illegal - because a casino is not a lawmaking body.
Now, I looked up 3 OK tribal casinos (there are about 500) and I noted two things about all of them.
1) none printed the rules of membership period. Nothing about consequences of using another players card. As BleedingChipsSlowly points out, the tribal casino in Connecticut certainly does.
2) These casinos are really small. One boasts of just 200 slots. In most casinos its impossible to catch this because they don't have the manpower to zoom in on thousands of players at the slots to check on who is using someone else's card but these casinos are so small, the guy probably gave himself away by switching cards
Point taken: casino regulations are not law. Foxwoods and Mohegan Sun are large enough enterprises to get the legal ends tied up nicely, as opposed to the outfits you researched. However, I wouldn't take their web site as the complete authority in the matter. I'll bet there was some paperwork signed during the process of obtaining a player's card that has much more detail. In the end I think we both agree the major fault was blatant abuse to the point of drawing attention.Quote: darkozPlease recognize that rules of a casino are not laws. Now tribal lands may be different however, if you were in a non-tribal casino and the rules you stated above were printed, this would not make using multiple cards illegal - because a casino is not a lawmaking body.
Now, I looked up 3 OK tribal casinos (there are about 500) and I noted two things about all of them.
1) none printed the rules of membership period. Nothing about consequences of using another players card. As BleedingChipsSlowly points out, the tribal casino in Connecticut certainly does.
2) These casinos are really small. One boasts of just 200 slots. In most casinos its impossible to catch this because they don't have the manpower to zoom in on thousands of players at the slots to check on who is using someone else's card but these casinos are so small, the guy probably gave himself away by switching cards
Quote: qwertyoche is "earning" the free/match play by first risking money of his own
You seem to suggest your friend gives the free play earned to the person who loaned him the card. That is certainly still not going to be liked by the casino but probably they would tolerate it to some degree if they knew for sure that was the case. If I was the casino I'd assume it was situation #1 above without the granted permission though; I'd see if I could prove it too.
I agree that it seems they could have just banned him instead of going nuts; however, if the amounts he has accumulated trip over into the felony zone? You have to figure this sometimes happens. Since you are defending your friend, I'll go along with the idea that he was no such thief and sympathize. I'm sure you are confident about the quality of his character.
Did you give him your card and pin ?
btw, why does he need the pin?
So what's a casino to do???
Did you go to the rewards desk to ask for a copy? I find it easy to believe it's not on their website, but a physical copy has to be available.Quote: darkozI looked up 3 OK tribal casinos...
1) none printed the rules of membership period.
Using free-play which belongs to someone else is theft, on the face of it.
Were he squeaky clean, he'd have pre-approved the move with the casinos ahead of time, to get their permission.
The fact that he didn't do so indicates he realized his plan had an element of danger / foolhardiness to it.
Put yourself in the shoes of casino security: you discover that someone is using a plethora of different peoples' cards to download freeplay: you just let them walk?
No.
You assume he's a thief and act accordingly.
Quote: DJTeddyBearI think the arrest and confiscation was a bit over the top, but a mere trespass seems a little light.
So what's a casino to do???
Did you go to the rewards desk to ask for a copy? I find it easy to believe it's not on their website, but a physical copy has to be available.
Trespassing and deleting all comps earned including future offers plus terminating membership should be plenty (this would punish both user and card owner financially, which is where it really hurts.)
As for going to the rewards desk, I live in NYC so I'm not traipsing to Oklahoma to find out. I surmise it is, but I was also surprised the website said nothing. Every casino on the Eastern seaboard I've visited does.
Quote: MrVSounds illegal to me.
Using free-play which belongs to someone else is theft, on the face of it.
Were he squeaky clean, he'd have pre-approved the move with the casinos ahead of time, to get their permission.
The fact that he didn't do so indicates he realized his plan had an element of danger / foolhardiness to it.
Put yourself in the shoes of casino security: you discover that someone is using a plethora of different peoples' cards to download freeplay: you just let them walk?
No.
You assume he's a thief and act accordingly.
Sounding illegal to your sore ears does not make it illegal. I can tell you it isn't on the advice of legal counsel.
Casino security has not had a history of doing what is the smart move when it comes to banning advantage play. As I pointed out, their strongest wall to being sued here is their Tribal status.
As for asking the casinos permission, you act like you haven't been reading the AP messages on here for years. Are you suggesting card counters ask the casinos for permission? UX vultures, as well? Haven't you gotten yet that the casino considers all winners by skill (even progressive bonus hunters) to be thieves?
Quote: MrVSounds illegal to me.
Put yourself in the shoes of casino security: you discover that someone is using a plethora of different peoples' cards to download freeplay: you just let them walk?
No.
You assume he's a thief and act accordingly.
Personally, I have never heard of a casino taking action until this year. There is a case working it's way through the legal system in Pa, against a team of AP's, playing on different cards.
There are no doubt hundred of violations each and every day at each and every casino, involving spouses using each others cards, and people using cards of family members and friends. I see it all the time. I get in line behind someone at one of the kiosks who swipes multiple cards. If casinos took action against everyone doing this, it would be a lot of court cases. Hell, it even occurs regularly in my household. :/ My partner plays most of my free play.
It's kind of like finding free credits on a machine. It is technically illegal to play or cash out those credits, but it is done routinely and usually even if the casino sees they will look the other way.
BUT, this is yet another reason why I decided long ago to avoid Indian Casinos. They can and do pretty much whatever they want.
Quote: DRichThe punishment may be too harsh, but I do believe your friend was committing fraud because he was representing that he was the other person. It doesn't matter if he had permission from them.
Its not fraud because the players showed up, presented their ID's, received the cards and then willingly handed them over to their friend.
If you hand your wife or friend your credit card and they make a purchase over the internet with your permission, that is fraud in your mind? I guess my daughter has committed fraud multiple times as I've allowed her to use my cc for purchases on Ebay?
BTW - when you sign up for a players card, you give your word through the agreement of membership not to allow others to use your players card. I have seen legal counsel in other cases state that anyone using another members card is not in violation of the membership because they never agreed to those terms (i.e, the person in violation is the valid card-holder, not the person they lent it to who never agreed to any contractual rules since they never signed up for a card).
Yes, don't mess with lawyers. They are smarter than you and the casinos. However, again, these damn tribal casinos don't have to play by normal rules.
Casino laws are established by the state (usually the regulatory agency and lawmakers.)
Casino rules enforce these laws as well as additional rules of conduct which are not enforceable within the law.
To tell the difference is actually quite easy.
Casino laws are stated as such in any posted warnings in all the casinos I have ever visited.
A good example will be: No one under the age of 21 may enter or gamble upon the casino floor (pursuant to gambling law xxxyyy, statute 14.7 blah, blah, blah)
You get the point.
Notice the listing of the statute is enough to declare it illegal without using that word even.
Check the rules about using another players card. Unless they state, pursuant to gambling violation.. etc) then you know it is a rule and not a law.
Quote: JoemanI'm curious... if slot free play "has no cash value," as is explicitly stated, is it still theft? Nothing of value was taken.
The IRS thinks free slot play has a cash value
Quote: mcallister3200The IRS thinks free slot play has a cash value
I don't think so.
I believe you're supposed to report what your actual results were after playing through the free-play (ie: $100 FP, end up with $90, report a $90 win). Not a $100 win (FP) then a $10 loss.
But -- the casinos say it themselves, free-play has no cash value.
Quote: JoemanI'm curious... if slot free play "has no cash value," as is explicitly stated, is it still theft? Nothing of value was taken.
"no cash value" just means that it can not be redeemed for cash.
Quote: RSBut -- the casinos say it themselves, free-play has no cash value.
This just means that they won't give you that value in cash. Store coupons are almost the same with most saying something like "cash value = 1/100 of 1¢" or something equivalent. When in reality, that coupon let's us keep the full amount listed in our pockets.
Regarding the player card issue, kewlj I believe has hit the nail on the head with his post. At present time there is a pretty major investigation in progress that does involve the FBI and is in regards to player card use, atm card use, and identity theft. A bulletin came out that mentioned a case in Ohio (I think) but also mentioned the east coast stuff. The bulletin was not that informative and basically supplied the information I just stated. That was several months ago and I have not had anything else like that cross my desk. While that investigation is happening, I think many native and non-native casinos may be a bit paranoid about player card use.
Why wouldn't they have said use of another persons card was subject to these same things unless they knew they have no right to do so regarding playing on another persons players club card?
Also, how can they allow a person to play on their spouses card and claim they have no problem with that but then prosecute because someone is playing more cards than they would prefer? It is either against the rules/illegal to play on someone elses card or it isn't? Correct?
They don't have to do that. Each one of the five cards in my wallet says use of it means that you agree to their terms. Just like EULA's on computers and the Internet.Quote: qwertyocThis casino does not make you sign anything or read any rules about a players club card before issuing it.
Because they DO have "that right." If you post a link or copy of the rules here, that can be shown.Quote: qwertyocOn the Casino's website under casino rules, in regards to playing on other peoples cards states: "Use of another person's player's club card is not permitted for any reason." but then in regards to cashing out tickets (unrelated to this case) says "Using or cashing out another patron's machine credits/tickets without that patron's permission may result in a permanent ban and/or arrest and prosecution." Why wouldn't they have said use of another persons card was subject to these same things unless they knew they have no right to do so regarding playing on another persons players club card?
Quote: LuckyCharms711GWAE: Ignorance has never been a viable excuse to break the law or even just rules. If you say you didn't know the speed limit the cop will still give you a ticket. It's you're responsibility to know. Likewise, if a rule states "must wear proper attire" but you show up in something else, you still don't get to go into the venue. Despite not knowing what to wear. Again, it was your responsibility to find out.
I guess that is all true.
I guess the million dollar question is whether or not it is actually illegal or just breaking the rules.
Quote: darkoz... Haven't you gotten yet that the casino considers all winners by skill (even progressive bonus hunters) to be thieves?
Interestingly, the casino where may partner and I get our field trials suggest and endorse publicly supplying the player's strategy, even on the rack cards, so that the new games can be played well and properly (skillfully) by the patrons. We agree, because our games should be played well and properly by all participants. Players may use skill in setting their hands, and dealers use skill in properly dealing the house way. Never had a problem for setting a hand well in Pai Gow Poker or making the correct holds in Jacks or Better. The fact that something's a skill is irrelevant, it's that it's allowed or disallowed.
Some Casinos even sell strategy cards in their gift shops. Was never considered a thief for these skills.
Interesting. If you know a casino that does this, it would really destroy all of Dan's arguments about it being against the house rules.Quote: muleyvoiceSo if a casino gift shops sells a book on counting, then it would be ok too ???
Not that his arguments are good in the first place.
Getting arrested and having your car seized/searched over a players club card is the civil rights equivalent of getting taken to the back and roughed up.
Let's be honest here. Your friend is getting over on the casino by using other people's free/match play. You say he's risking his own money - he's not. He puts 5 coins in, the machine reimburses those 5 coins, win or lose. So, he is essentially stealing money from the casino. You could argue that if it's not him getting the money, it's his friend/family, so what's the harm?
Honestly - I can't say what the specific harm is, because nobody can really specifically lay out the financial loss.
But, I think it comes down to human psychology.
One person, like myself when I'm rested, can enter a casino, use the free play and leave without doing any more gambling
Another, like myself when I'm not rested, can enter a casino and will toss 400 bucks in one machine hoping for a big hit and then be mad at myself for believing the machine "was due".
Another person, like myself with a whole lot of beer (hasn't happened in a dozen years) and a few shots of Ouzo, will call friends, bring them into the casino and give all of them money to gamble and blow thousands that were ear-marked for other things.
So, when those match/free play offers are sent out - and one guy uses all of them, unless he's guy number 3, or maybe even guy number 2, it doesn't really play to the casino's best interest. I realize that the casino looks like some big giant place with big stacks of money on hand and that "they can afford it", but the reality is, for whatever reason, most casino's are struggling to make it. With the proliferation of sites like these educating players, with travel costs rising (maybe not fuel costs, but some airfares are pretty high) and workers wanting more money and more benefits - those costs are having an impact on the casinos, too.
I remember the last time I was playing Roulette at Boomtown in Vegas. The croupier said, "Hey, we didn't quit when we were winning!" (I left $640 ahead doing nothing but betting 5 bucks on the 2nd and 3rd thirds every spin. Very, very lucky. ) Remember, all those dealers, the flashing lights, they all have to get paid. Their insurance is probably being subsidized if not wholly paid by the casino. Taxes are likely high - maybe not for a tribal casino. Ultimately, jackpots can have a big impact on their bottom line, too. Over time, they *should* make that up, but they don't always last long enough. And, of course, sometimes, they're mismanaged. For example: too comp heavy - like Harrah's on the gulf coast. I've spent $1400 bucks in a two month period through two trips. Now I get 120 bucks of free play for the next two months, plus a lot of comps for meals and free rooms. Far more than what I've put into them. (only right since their machines don't have the best pay-tables and their buffet is sub-standard.)
So, that's my opinion. Beat the casino with your own free/match play. Don't give yours to others, and don't accept theirs. Those free play offers are like a part time job for me, giving me about $200 to $400 a month over the past 6 months. And it's a lot more fun than other jobs I've had. Let's not give them a reason to stop giving it out.
Quote: muleyvoiceSo if a casino gift shops sells a book on counting, then it would be ok too ???
No. Casino bookstores may even sell Richard Marcus' book on how he used past posting and "pre-posting/retrieval" methods (the infamous Savannah) and that wouldn't make such actions all right.
The point here is that some things are indeed all right, but that the casino in this case doesn't mind allowed good play, as opposed to any sort of disallowed play, and AP's do know this difference. So no, they don't need to post the Bill of Rights or all of the State regs right at the table for them to be in force. Casinos don't expect all people to follow the rules, and will have the floorman provide status updates to the player if anything is amiss.
Quote: PaigowdanNever had a problem for setting a hand well in Pai Gow Poker or making the correct holds in Jacks or Better. The fact that something's a skill is irrelevant, it's that it's allowed or disallowed.Quote: darkozHaven't you gotten yet that the casino considers all winners by skill (even progressive bonus hunters) to be thieves?
And by setting the hand correctly you earn an income? By what percentage of all money bet?
Quote: TomGAnd by setting the hand correctly you earn an income? By what percentage of all money bet?
No. I earn my income from a daytime job, like most people. I do not view the casino as a personal income source if I am not wearing a dealer's uniform or don't have a game installed. I view gambling as an entertainment expense, like other forms of entertainment. This is a radical view around here.
At the casino, I may or may not win, - I have a chance to win - and I generally don't win most of my sessions not having a positive EV, but I win some.
I neither expect or demand a positive EV, and I get that the games are supposed to have a house edge. I also pay for my movie tickets without going in to an adjacent film showing for an extra free movie.
No, that's not a radical view here nor anywhere. We expect people to have that view because they don't understand what they're doing, they're just attempting to be entertained. What's radical is how often you criticize others for not having your view, or stating that others are wrong for not sharing your view (such as card counting is OMG WRONG/ILLEGAL/etc).Quote: Paigowdan...I view gambling as an entertainment expense, like other forms of entertainment. This is a radical view around here..
Quote: RomesNo, that's not a radical view here nor anywhere. We expect people to have that view because they don't understand what they're doing, they're just attempting to be entertained. What's radical is how often you criticize others for not having your view, or stating that others are wrong for not sharing your view (such as card counting is OMG WRONG/ILLEGAL/etc).
1. I believe it is a radical view here, or at least unwelcome. While it is the way of the casino business to insure that the house edge provides its needed income to operate, the ability of the player to be happy and accepting of that cover charge is rarer in certain circles. While NOT illegal (hello), it is viewed as wrong in the eyes of the business and civilians, and so it is stopped via back offs, flat-betting, "Your Play is too good for us," etc. I get a sense that the juice or allure of AP is not in gambling per se, but in successfully getting away with some known various breaches for extra money, as the real purpose or the real goal. It becomes less that "gambling is the entertainment or the high," and that successfully getting away with AP maneuvers is the goal, the high, the juice. I actually enjoy straight up gambling at craps, UTH, PGP, and flat betting quarters on double deck with perfect Basic Strategy alone. This is real gambling, and it's openly viewed as silliness to do by the AP, that only a "real ploppie amateur" would ever play in such a pedestrian fashion, and this view of such play has been voiced here in a "if they only knew the excitement of real AP play." The horrors.
2. Both my view as well as any view is worthy of discussion and even critique.
Quote: PaigowdanI view gambling as an entertainment expense, like other forms of entertainment.
Then you are not a winner by skill as you tried to suggest. That is not a radical view, it is what makes up the vast majority of regular casino visitors. You are the type of player the casino desperately wants and spends millions trying to attract. For the few who truly do win by skill, they are either tolerated, or asked to leave.
Quote: PaigowdanI get a sense that the juice or allure of AP is not in gambling per se, but in successfully getting away with some known various breaches for extra money, as the real purpose or the real goal.
When done right, it really isn't gambling at all. There is no value in "getting away with [something]." I heard one person describe it as seeing a $20 bill on the sidewalk and picking it up.
To me, most table games without an edge isn't "real" gambling either. It's just spending money. Playing a few hands with a green chip costs the same as buying a blue sugar free Rockstar at the grocery store everyday. Neither one is sillier than the other, but only the caffeine rush interests me, while the rush of the dice doesn't.
Quote: TomGThen you are not a winner by skill as you tried to suggest.
No; I may be a winner by skill. I may set a hand properly and win, whereas I would have lost if I had set it improperly. I have had winning sessions and losing sessions via regular play. In UTH I'll raise 4x with a J-10 suited; In BJ, I'll stand on 13 versus a 6. In PGP, I'll set KJ44332 as KJ/44332 and make use of the decent King top. I consider myself a winner if I had the action I wanted, the entertainment I sought, not whether or not I AP-ed. If I win, so much the better. I don't expect to win as a goal, I expect to play, and enjoy it.
Quote: PaigowdanNo; I may be a winner by skill. I may set a hand properly and win, whereas I would have lost if I had set it improperly. I have had winning sessions and losing sessions via regular play.
If the definition of "session" was from your very first bet until now, have you really had a winning session?
Quote: TomGWhen done right, it [AP play] really isn't gambling at all.
Ah, there it is. But isn't the purpose of the casino or gambling hall to provide us with gambling? That's what the casino executives and ploppie players believe they're doing. The question arises: Are they [casinos and players] deluded?
Quote: TomGThere is no value in "getting away with [something]." I heard one person describe it as seeing a $20 bill on the sidewalk and picking it up.
I believe this view of it.
Quote: TomGTo me, most table games without an edge isn't "real" gambling either. It's just spending money. Playing a few hands with a green chip costs the same as buying a blue sugar free Rockstar at the grocery store everyday. Neither one is sillier than the other, but only the caffeine rush interests me, while the rush of the dice doesn't.
Spending money is not improper if you get your entertainment.
Quote: TomGIf the definition of "session" was from your very first bet until now, have you really had a winning session?
Yeah. No regrets overall, in fact, I can't picture my life without gambling. I will also say I've had a negative EV on owning reliable cars (they cost me money), on real estate (I rented for extended periods), on food (I had to eat), etc.
When my day comes (hopefully soon, for some of the people here [ahem, wink]...), I won't be taking any cash with me, but the experiences.