The report is kind of crappy, but no one is being charged with running a gambling operation, which makes it looks like this may have been an unraked game.
http://www.dailyherald.com/article/2...ews/150829861/

Cops seized $25k in cash and over $500k in vehicles. I didn't know a car could be seized.

Don't think this is likely a normal unraked home game getting busted. LOL I know that Illinois does not have a determined "home game" exception on the books , but I believe that it's been fairly stated by posters on this forum that unraked home/room games are not often targeted for just the games. Likely some other "irregularities" led to this. Never can be sure of course , but this has "underground club" as the likely situation with some other stuff thrown in.

UGH. A few things from the link.


Lesson 1: Be kind to the neighbors, or at least aware of the situation. It appears to be a commercial location, off the main commercial thoroughfare, closer to residential.


Lesson 2: Illegal activities may attract attention.

Curious to know why 1 person got the city ordinance, instead other the misdemeanor that 7 others got?

During the poker boom, a DA in Chicago (not Naperville, but still) essentially said they were targeting raked games of all types, and high-stakes games. High stakes games were included because they can attract robberies and other criminal activity. Unraked low stakes games they were not prioritizing.

For the guy asking about advertising his Chicago luxury game, this is one reason why you don't want to do that.

If the game got big enough to become a regular nuisance to neighbors, it was probably raked or seat-charged. It would be rare for an unraked, occasional (even weekly) home game to garner that kind of attention.

Cops can basically seize anything they want, and you'll have a hell of a time getting it back. All they have to do is claim that it was involved in or acquired via criminal activity.

Very importantly, they do not have to prove anything, merely accuse (and not even in criminal court). Then you have to show up in civil court and sue the state to get your property back by demonstrating that it came from a legal source and shouldn't have been seized. This can happen with cash, vehicles, real estate, anything.

It's an extortion tactic on the level of the king's men having free rein to rob people in bygone eras. Then you have to come beg the king for your stuff back, and often end up taking a "haircut" in the process—if you're lucky enough to get anything back at all. "Civil forfeiture" never should have been enacted into law.

There are some many things about this story that make me physically ill. This is so bad for our law enforcement. I wish they could see how badly these types of activities are damaging their reputation and putting their lives at risk.

I think there's a lesson somewhere about parking parking your exotic cars in front of your illegal poker game in the suburbs.

Given the gambling charges are all misdemeanors, I'm particularly confused about how you seize cars.

Because they can. If the history of this kind of theft is any indication, the state didn't even have to file any charges to take the cars. I'm surprised they didn't also seize the building and land where the games were taking place.

How do you seize someone's car?

In many places you start with a handful of officers with badges and guns who get to benefit from what they take. Mix in local judicial officials who cooperate with the seizures. Top off with a public who view anyone who's property is taken as guilty even if never charged - or at the least are essentially ignorant about the issue.

In this case there were drugs involved and that opens the flood gate for seizures. The public hears a vague story about the brave officers fighting drug dealers, organized crime and hitting them where it hurts.

These guys were "lucky". The more common seizure happens well out of the public eye to people who will incur costs greater than the value of what was taken. Oh and the comment about seizing the house? That is really possible in parts of the USA without there ever being a trial, indictments or charges brought against anyone. How do they do it? Well they "charge" the house which has no rights and let the former owner fight to get it back.

Fifth amendment to the constitution:
" No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The problem is the courts have gradually come to ignore or downplay the parts about property in the constitution - especially as it related to non-wealthy people.

DrStrange

PS There is a lot written about this issue. Google is your friend. Spend the hour and prepare to be a little alarmed.

I wasn't hoping for a civics lesson. If you get caught buying drugs in your car, in some places your car can be seized. Same with prostitution.

Gambling is less obvious, especially a poker game. So even with a dumb law, unless they're playing poker in the car I don't see an equivalent. I emailed the reporter and apparently the game "organizers" had their cars taken as the cars were involved in the commission of a crime.

That's an area you can pretty much only drive to. Since they didn't seize 13 cars, and the description of the building, it's more likely this was an underground casino.

I know what you mean, ChicagoTroy. However, the typical "car seized when driver found with cocaine" story isn't what DrStrange and I are talking about.

"Civil forfeiture" doesn't even require charges to be filed, drugs to be found, nothing. You lose your property on a mere suspicion with no evidence, and then you have to fight the state to get it back. I know it sounds crazy, but it's very real and seems to be abused with increasing frequency. Google that phrase, "civil forfeiture." You'll be shocked.

Seeing as this is like 10 minutes from my place I have been keeping an eye on the story.

This bust is in contrary to the two Naperville police officers, whom I spoke with less than a month ago, that said they never go after poker games. They both laughed at the idea of busting up a poker game as they have "better things to do." Hell, I was invited to play in their weekly game held at a prominent business in the heart of Naperville and is owned by several people including the two police officers.

My guess is that the police were looking for something more serious at first and then just took the gambling as a secondary thing so it didn't look like they wasted 5 months. The cars are just stupid if there are no drugs in them.

Overall pretty crappy and slightly concerning to a local person.

Are you in a position to ask them? There are a few "first time I've seen this" details.
Yep, and once a neighbor complains, they have to investigate. And putting flash cars including a lambo in front of a closed business presumably late at night was not smart. It screams "drugs," and Naperville's been trying to get a handle on those kinds of problems.

I suspect the police are not interested in small stakes games, but as the money goes up, they get more interested, primarily because they could end up with money for their operations. That's a crime in itself, in my opinion.

They are friends of friends. Let me check with my buddy and see if he can check in with them.

John Oliver recently did a piece about asset forfeiture on the HBO show Last Week Tonight.

For those unfamiliar with asset forfeiture, take the 15 minutes and watch. You won't use the "if you have nothing to hide" argument again when discussing police interactions.

The 10% $8 max rake is rough. I live an hour from Naperville. This is a high $$ area with a good amount of wealth. I would suggest leaving the exotic cars at home.

Are you familiar with the game and know it was raked? Been very curious about that.

Also, what stakes were these?

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