3.2. Re: Using Strategy Sheets In Casinos - Was: Strange Happening Today
Date: Fri Jan 30, 2009 5:06 pm ((PST))Nevada Statute 465.075 states:
It is unlawful for any person at a licensed establishment to use, or
possess with the intent to use, any device to assist:a. In projecting the outcome of a game
b. In keeping track of the cards played
c. In analyzing the probability of the occurance of an event
relating to the gamed. In analyziing the strategy for playing or betting to be used in
the game except as permitted by the commission.This statute was enacted many years ago to protect the gambling
houses from blackjack players using concealed blackjack computers.
The problem with the Nevada law is "any device" is vague. The New
Jersey statute specifically says "electronic, electrical, or
mechanical device."Under the Nevada law someone could construe it so that using a vp
strategy card while at the machine is unlawful, pencil and pad at a
baccarat table is unlawful, recording numbers at a roulette wheel is
unlawful.Of course we know that in Nevada they will give you pencil and paper
at a baccarat table, let you record previous numbers at the roulette
wheel (many casinos record the numbers for you). And we've all seen
those worthless blackjack strategy cards for sale in casino gift
shops. I've even seen pit bosses passing them out for free. No one
in Nevada has ever been prosecuted for using these "devices" or for
using vp strategy cards.But there was a strange case in Colorado some years ago. I read
about it in an Arnold Snyder column in Cardplayer Magazine. Snyder
is a blackjack writer. The Colorado statute is an exact copy of
Nevada Statute 465.075. Here is the story:A man sits down at a backjack table in Blackhawk, Colorado and starts
playing. The betting limit was $5. When he is dealt in he pulls out
a blackjack strategy card of the kind sold in most Nevada casino gift
shops. He was using the strategy card to determine how to play his
hand. Casino personnel alerted the gaming commission and a gaming
agent promptly appeared. After observing the man using the card the
gaming agent arrested the man and charged him with using a "cheating
device." The charge carried a penalty, if convicted, of 6 to 18
months in jail, or a %500 to $5000 fine, or both.In his article Snyder was looking for a blackjack player who happened
to be a lawyer to defend the man pro bono. I never learned of the
outcome of the case.
I'm no lawyer, but I think the common practice in Las Vegas would be worthwhile evidence, if there's a way to present it as such, that a pencil and paper or a strategy sheet is not a cheating device. I suspect the Colorado gaming agents were dealing with this for the first time in their life, and are not as sophisticated as (I would hope) the agents in NV might be about what the casinos are (should be) worried about. Not to mention the ignorance of the CO casino in terms of PR.
I too would be interested in knowing the outcome of that case - there are definitely NV attorneys who specialize in representing card counters who have been abused (beyond barring), but I've never heard of anyone doing it for free in CO.
Again, I use a card when I need to, but I keep it in my pocket and try to be discreet. Some sessions I never pull it out, and I've even forgotten it or left it in my room and played on with little concern. There are a couple of plays that I get mixed up in my head sometimes and go to double check on occasion, and then I'm good for the trip usually. It's infrequent play that makes me occasionally rusty; I only make trips to a casino maybe eight to fifteen times a year, mostly riverboats not all of which offer anything worth playing.
What am I worried about? Not getting arrested, possibly not even getting barred - but I do worry about possible (more rapid) downgrading of machines if casinos (erroneously) think that they can be consistently beat by a casual player with a sheet of paper, and I do worry about possible delays / hassle when being paid a jackpot if they suspect I'm not a good customer -- and I certainly "worry" (but not as much) about being identified as a less profitable player for the casino with consequential reduced comps.
These things are definitely not as common for VP players as they are for blackjack players, but I've heard reports that they happen, and the NV trespass law certainly permits "barring" with little to no cause.
--BG
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