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Borgata: Player caught Cheating, Casino did nothing, Casino Responsibility? Borgata: Player caught Cheating, Casino did nothing, Casino Responsibility?

07-21-2017 , 08:34 PM
Quote:
Originally Posted by SneakerPimp21
I tabled a 7-2 spades
Fold preflop.

Quote:
About 30 - 60 seconds into the dealers act of counting out chips for myself and seat 5, is when all of sudden Seat 10 said "I have the winner" now showing A-9 spades.
FLOOR!!!

Seriously, as soon as that happens, the floor is being called and nothing happens until the floor-person gets there.

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The dealer did not question Seat 10 and just pushed all the chips to Seat 10.
It wouldn't have got that far if you screamed for the floor...

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We immediately called the floor supervisor and as the floor supervisor was headed over to the table, the dealer started dealing the next hand
Physically stop the dealer from doing so. Flip over some cards if that's what it takes.

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The floor supervisor refused to call security to review the hand and stated that the next hand had been dealt so he couldn't do anything despite the fact that we called for the floor before the hand and the dealer dealt the next hand anyway knowing we all called the floor supervisor.
That's a whole lot of bull. They can call the cameras for something that happened several hours before if they have to. This isn't football where if you don't throw the challenge flag before the next snap you're screwed.

Quote:
me and seat 5 went to the Poker Manager, explained what happened and the Poker Manager called security for review of the hand in question. While we were talking to the floor manager, Seat 10 immediately picked up his chips, cashed out and left poker room.
Not sure if you saw this happening, but you should have tried to stop this. Call security. The player can go but he needs to provide his ID in case something is wrong (a player card isn't good enough).

Quote:
Seat 8 all of sudden spoke up and confessed that he observed Seat 10 reach into muck and grab at least 3 different cards before tabling ACE-9 spades. Poker Manager questioned Seat 8 and he stated that he did not say anything because he felt that it wasn't his place "ethically" as he wasn't involved in the hand.
Seat 8 is an idiot. There's a chance he was friends with the other player too.

**snip the rest***

Here's the thing: As far as I know (though I am open to correction; I am a licensed dealer in four states including NJ but never worked in a NJ brick & mortar casino) per New Jersey rules they cannot force a player in a poker pot to give up his chips. The money isn't theirs, it's the other player's. The casino's only recourse is to threaten the player with a lifetime ban from the casinos, report the player to the DGE who have the power to ban the player from all casinos in the state and be willing to testify if the other player wants to press charges (they won't even press charges).

But at the end of the day, the casino doesn't have standing because they were not robbed. You were. And even before he left, let alone once that guy racked up, they could do nothing to force the player to pay up.

That said, the casino handled the cheating incident very poorly and likely in a manner inconsistent with poker regs. I would tell the Borgata that you plan on filing a complaint with the DGE for what happened. You can also tell them you demand to know the identity and contact information on the player to press charges and sue him and that you expected the casino to cooperate with this. Having a lawyer represent you - even if it's cousin Joe the probate attorney lending his name on a threatening letter or three - wouldn't hurt. You can also say that you plan on making their incompetence known through social media, actual media and anywhere else where people who might choose not to play cards at Borgata can hear about this.

At this point that's all you got and even then don't be shocked if the DGE doesn't care (they can only fine the casino over something like this; they're not gonna revoke their license) and the Borgata continues to plead ignorance and nobody from the media returns your emails.

It's a sad fact that if you steal a redbird from the casino they will crucify you but steal thousands from another player at the poker table and as long as the dealer dropped the rake, they don't have much liability (other than bad PR, losing a customer, things casinos can and do write off all the time).

Good luck. Tell us how things go.
Borgata: Player caught Cheating, Casino did nothing, Casino Responsibility? Quote
07-21-2017 , 09:19 PM
@NYCNative... everything you stated is 100% correct and basically what I have been dealing with in regards to Borgata's involvement.

The only thing that Borgata can't get away from no matter how much they try to absolve themselves, and this was pointed out by the NJ State Police rep that I initially spoke with, is that Borgata knew of/had proof of the crimes (2 felonies) and failed to contact Police. There is an element of responsibility that Borgata can't escape from since the crime happened on their property and they were in fact/knowingly aware of it and gave advice of telling the patron (myself) that they would handle it.

I'm confident if I found a lawyer it would be an easy win given the circumstances but I also don't want to pay a retainer/fees for more than I'm entitled.. Smh

As far as the hand goes, which I'm surprised it took this long for someone to question me on 7-2 spades ...... I just sat down at the table (seat 3) and paid the BB ($5) so I didn't have to wait because anytime Bad Beat is in effect I never sit out a hand.. Anyway, I was dealt the 7-2S and checked, Seat 5 raised to $25 and I believe Seat 7 and Seat 10 called, so I played the odds and called the extra $20 and flopped the flush draw, I checked the flop and Seat 5 bet approx. $80, Seat 7 folded, Seat 10 called and I again played the pot odds and called in which a spade hit the turn (hitting the flush), I checked, Seat 5 checked and Seat 10 bet approx $150.. I went all in, and Seat 5 pushed all in and Seat 10 called and then you know the rest.. lol
Borgata: Player caught Cheating, Casino did nothing, Casino Responsibility? Quote
07-21-2017 , 09:32 PM
Quote:
Originally Posted by SneakerPimp21
@NYCNative... everything you stated is 100% correct and basically what I have been dealing with in regards to Borgata's involvement.

The only thing that Borgata can't get away from no matter how much they try to absolve themselves, and this was pointed out by the NJ State Police rep that I initially spoke with, is that Borgata knew of/had proof of the crimes (2 felonies) and failed to contact Police. There is an element of responsibility that Borgata can't escape from since the crime happened on their property and they were in fact/knowingly aware of it and gave advice of telling the patron (myself) that they would handle it.

I'm confident if I found a lawyer it would be an easy win given the circumstances but I also don't want to pay a retainer/fees for more than I'm entitled.. Smh

As far as the hand goes, which I'm surprised it took this long for someone to question me on 7-2 spades ...... I just sat down at the table (seat 3) and paid the BB ($5) so I didn't have to wait because anytime Bad Beat is in effect I never sit out a hand.. Anyway, I was dealt the 7-2S and checked, Seat 5 raised to $25 and I believe Seat 7 and Seat 10 called, so I played the odds and called the extra $20 and flopped the flush draw, I checked the flop and Seat 5 bet approx. $80, Seat 7 folded, Seat 10 called and I again played the pot odds and called in which a spade hit the turn (hitting the flush), I checked, Seat 5 checked and Seat 10 bet approx $150.. I went all in, and Seat 5 pushed all in and Seat 10 called and then you know the rest.. lol
I don't practice law in New Jersey (MA lawyer) so don't take this as legal advice, but there may be a statute that would provide you with the right to recover your attorney's fees and costs, which would make it worth filing suit IF the Borgata doesn't compensate you after a written demand.
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07-21-2017 , 09:47 PM
Quote:
Originally Posted by pokerbeastsu
I don't practice law in New Jersey (MA lawyer) so don't take this as legal advice, but there may be a statute that would provide you with the right to recover your attorney's fees and costs, which would make it worth filing suit IF the Borgata doesn't compensate you after a written demand.
Do you have any advice of what type of lawyer I would look to contact?

thanks
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07-21-2017 , 09:56 PM
What a complete **** show.

OP, I really hope you're made whole on this one.
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07-21-2017 , 10:21 PM
Quote:
Originally Posted by All-inMcLovin
What a complete **** show.

OP, I really hope you're made whole on this one.
I appreciate it.. thank you...

I just want it to be known that I didn't post this thread to whine, cry, etc..

I posted this thread because I really want honest advice..

I always assumed that playing in a Mainstream B/M casinos (such as Borgat, Bellagio, etc..) you were protected from cheating/collusion if it could be reasonably proven.. Isn't that the reason of why we pay time or rakes to the casino for? to provide a service and safe gambling atmosphere?.....

Even if I don't get my money back (I'm glad it was only approx $1250 -$1300 and not a hell of a lot more).. this can be a learning/teaching experience for anyone playing at Borgata or any other establishment for that matter when it comes to possible cheating/collusion/questionable play,etc...

I appreciate everyone's comments, concerns whether positive and/or negative...
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07-22-2017 , 01:48 AM
Typical Borgata treatment. I'm surprised they even have a camera pointing at the players. The attitudes of majority of the employees there prevent me from playing there anymore. Borgata gonna Borgata...
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07-22-2017 , 01:23 PM
That was so gross of a read. GL on getting this resolved!
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07-22-2017 , 02:38 PM
Quote:
Originally Posted by SneakerPimp21
The only thing that Borgata can't get away from no matter how much they try to absolve themselves, and this was pointed out by the NJ State Police rep that I initially spoke with, is that Borgata knew of/had proof of the crimes (2 felonies) and failed to contact Police.
Not necessarily. People - even the police, even people who work in the casino but outside of poker - often don't understand that poker is different than other casino activities. It's the only game you are not playing against the casino. You don't win money from the Borgata, you win it from the other players.

As such the Borgata's liability for reporting something is different. Yeah, you can say they had an ethical responsibility but that doesn't translate into a legal one. It's very possible that the only thing Borgata is guilty of is a violation of poker regulations which the police won't care about. The DGE might and should but who knows.

If someone robs you in the casino parking lot, that sucks and the casino should assist you in every way but it's not their job to report the robbery to the police and what happens at a poker table is a lot closer to that.

Now, it could be argued that the Borgata actually facilitated the robbery by giving your chips to the wrong person, but that would take some serious lawyering up. There is technically a difference between the all-in player who refuses to relinquish the chips and the casino giving those chips to the wrong party who promptly skedaddles but good luck making that case.
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07-23-2017 , 04:24 AM
Quote:
Originally Posted by Playbig2000
If this happened at a table game and he took the casino's money, he would have been tackled minutes after they found out.

Obv they're trying to cover it up, figures it's not that important since it's just a patron's gambling money.

I wonder how fast they would pay you if you slip in your going to contact a lawyer. I wonder what a civil litigation gaming lawyer would recommend...
This was going to be my advice as well. The problem with attorneys as we all know is that they can be EXPENSIVE, and OP "only" lost ~1500. On the other side though, we're talking about a multi-million dollar (maybe even a billion dollar) gaming company who's been licensed by the state to do business and has now allowed the theft of player money to happen IN GAME at their establishment.

I know absolutely nothing about the law when it comes to this type of situation, but maybe a civil suit lawyer can find grounds to file suit of damages against the Borgata itself, and you both can get paid. Make no mistake about it, a lot of lawyers are just money piranhas, but when you're the plaintiff in a situation like this, that's exactly what you want. Plenty of lawyers will at least do a free consultation with you, either in person or over the phone. Plus many will work for a percentage, so of course that motivates them to get the most that they can. Maybe a lawyer tells you there's nothing you can do, or maybe you find one who has a sore spot for gaming establishments like the Borgata and are more than willing to jump at any opportunity to go after them.

Sucks that it's come to this for you OP, but I'd definitely at least talk to several lawyers about this situation. If you're not from NJ, I'd just do an internet search for NJ civil attorneys and go down the list and call a dozen of them or so and get a feel for what they believe can legally be done.
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07-23-2017 , 01:25 PM
Quote:
Originally Posted by branch0095
If you're not from NJ, I'd just do an internet search for NJ civil attorneys and go down the list and call a dozen of them or so and get a feel for what they believe can legally be done.
I live in North NJ (about an hour and a half from AC)... I'm looking into gaming lawyers right now to see what can be done in the meantime...

My big concern apart from getting my money back is also making sure that this Cheater is banned from every NJ casino at the very least... but I wouldn't hold my breath at Borgata doing the right thing.
Borgata: Player caught Cheating, Casino did nothing, Casino Responsibility? Quote
07-23-2017 , 02:03 PM
Does Borgata know who this is? They were able to figure out who he was before he checked out correct ? If so there should be warrant for his arrest and when he does go to court he should be able to cut a deal pay you restitution so he can stay outta jail. This probably most logical outcome. Borgata not gonna pay you pot. But if you talk to right person they should throw you some kinda bone , I say should lightly . GL
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07-23-2017 , 02:26 PM
Quote:
Originally Posted by gary locksmith
Does Borgata know who this is? They were able to figure out who he was before he checked out correct ? If so there should be warrant for his arrest and when he does go to court he should be able to cut a deal pay you restitution so he can stay outta jail. This probably most logical outcome. Borgata not gonna pay you pot. But if you talk to right person they should throw you some kinda bone , I say should lightly . GL
Here is the thing that is driving me crazy... They figured out (Identified the cheat) via facial recognition software as they had to go back a couple of days to find him playing Black Jack where he swiped in with his player card. Borgata singled out the room the Cheat was staying in but never physically confronted or even called the damn room, instead they sent a few emails because his personal phone was not in service... smh

So if the Borgata was not going to do anything from the jump (confront or call police) then they should have given me the mans name/ID and room number if Borgata's intention is for me to handle it on my own.. smh
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07-24-2017 , 01:36 PM
I would hope, from a civil liability standpoint, a gaming license would come with some requirement that the establishment take every reasonable action to protect the integrity of the games (whether the wagers are against the casino or another player) and react to cheating accordingly.

In addition, once the casino affirms to OP that they agree with his version of events, pledge to take action to correct it and then take *some* action (thereby discouraging OP from taking his own action), they have put themselves in a position of responsibility.

File a suit, send out a press release, see if you can get media to report on it and maybe Borgata throws you some cash to go away. Hopefully the police actually track down this guy as well.
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07-25-2017 , 06:31 PM
Just a quick update for anyone following the case...

The NJ State Police of Gaming Enforcement contacted me today and they have "OFFICIALLY" begun the investigation of the case.

I will post updates as I receive them.
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07-25-2017 , 07:03 PM
Quote:
Originally Posted by michelle227
Curious how much of this is basically the same sort of internal issues United had when they merged with Continental. Lots of unhappy employees on both sides with that one, and in this case, Borgata is now MGM.
I've heard people complain about Borgata for at least the last ten years. Both online and in person. No other major poker room comes close to that, so I have to assume it's the worst run big card room in the US.

I can understand that seat 8 isn't sure if he's supposed to speak up, but the situation isn't too different from not speaking up when you see somebody pickpocketing another person. What seat 10 did, assisted by dealer and floor, is theft. Plain and simple.

Really sad that Borgata tries to sweep the whole thing under the rug instead of doing the right thing. That would be to pay OP and trying to recoup the money from seat 10.
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07-25-2017 , 07:28 PM
PS- I will post name of the cheater if and when I find out who it is.....(If allowed by the mods of twoplustwo)
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07-25-2017 , 07:37 PM
You are not allowed to do so. An exception might be made if he is convicted of something.
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07-25-2017 , 07:42 PM
99% sure cheaters have been named in the forums before and there was no action by mods.
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07-25-2017 , 08:30 PM
Quote:
Originally Posted by SneakerPimp21
Just a quick update for anyone following the case...

The NJ State Police of Gaming Enforcement contacted me today and they have "OFFICIALLY" begun the investigation of the case.

I will post updates as I receive them.
Great news! You've got a good case, and you made the effort to followup. I think this will work out well for you, and hopefully Borgata will step up and take player security more seriously.

You did a good thing for yourself, for the poker community, and even for Borgata.
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07-25-2017 , 08:42 PM
Quote:
Originally Posted by frommagio
Great news! You've got a good case, and you made the effort to followup. I think this will work out well for you, and hopefully Borgata will step up and take player security more seriously.

You did a good thing for yourself, for the poker community, and even for Borgata.
I appreciate the comment... TY
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07-26-2017 , 12:39 AM
How did u not notice the guy reaching in muck? was everyone at the table asleep?
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07-26-2017 , 12:55 AM
Quote:
Originally Posted by SuperSwag
How did u not notice the guy reaching in muck? was everyone at the table asleep?
Read the posts bro... it's explained in detail....
Borgata: Player caught Cheating, Casino did nothing, Casino Responsibility? Quote
07-26-2017 , 08:33 AM
Quote:
Originally Posted by frommagio
Great news! You've got a good case, and you made the effort to followup. I think this will work out well for you, and hopefully Borgata will step up and take player security more seriously.

You did a good thing for yourself, for the poker community, and even for Borgata.
+1
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07-26-2017 , 08:48 AM
Just an FYI to everyone, OP included, that the name of the cheater will not be posted barring extreme extenuating circumstances or his name becoming public record. OP, if you end up thinking that it's appropriate to post the name of the cheater, send the mods a PM to discuss. Here's the relevant forum guidelines:

http://forumserver.twoplustwo.com/27...-16-a-1532627/

If anyone would like to discuss this particular issue further, please post in the Moderation Discussion Thread. Thank you.
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