Quote:
Originally Posted by TrustInBrass_KAOS
It's not possible to do a full legal brief on NVG of all the aspects of gaming law, criminal law, and tort law that this clusterf**** entails. I can't stand all the speculation going on though, so here is my contribution with some actual facts, at least in regards to the duties the Borgata had as a casino to protect players from fraud:
Part 1: The Borgata's Legal Obligation to Players
The NJDGE Permanent Regulations have a large section specifically devoted to gaming chips. If you are interested in reading the full text, the link is http://www.nj.gov/oag/ge/docs/Regula...CHAPTER69E.pdf
Cliffs in plain English:
1) Casino chips must be approved by the NJ Casino Control Commission. The regulations mention 3 things specifically that are scrutinized:
The Physical aspects of the Chip "Face"
Chip "Edge"
Chip color/words/design/graphics (anything placed on the chip face, basically)
2) Chip design must prevent "to the greatest extent possible" the counterfeiting of gaming chips.
3) A casino licensee may issue promotional non-gaming chips that are prohibited from use in gaming or simulcast wagering in any casino or casino simulcast facility.
4) "A casino licensee shall remove a set of gaming chips in use from active play whenever it has reason to believe the casino or casino simulcasting facility has accepted counterfeit chips or whenever any other impropriety or defect in the utilization of that set of chips makes removal of the chips in active use necessary or whenever the Division so directs."
Without going into the case-law I would say that the Borgata is required to make unique chips, is responsible to ensure only those chips are used, and has a duty by virtue of its license to immediate stop use of potential counterfeits as soon as they think they spot them. What standard "reason to believe" is, I have no idea without any relevant court cases.
I put #3 in there because I guess the Borgata could argue that tournament chips are by definition "non-gaming" chips since they have no cash value (which would exempt those chips from the requirements applicable to gaming chips).
It would seem a stretch to me to argue that, since the chips are being used in a gambling activity, but those possibilities are what people pay lawyers to argue so I'm throwing it out there in the interest of providing complete information.
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Part 2: The Borgata's Obligation to Provide a Secure Environment for Players
Also, article 7 of the actual NJ Gaming Control Act sets this idea out pretty clearly:
http://www.state.nj.us/casinos/actre...-article07.pdf
(15) Procedures and security standards for the handling and storage of gaming apparatus including cards, dice, machines, wheels and all other gaming equipment;
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Part 3: The Penalties Borgata may face vis-a-vis players (NOT the government)
As for the cheaters/scammers themselves, that is covered by article 9 which can be found at http://www.state.nj.us/casinos/actre...-article09.pdf
the most interesting part of that section is this sentence:
(5) The amount involved in swindling and cheating shall be
determined by the trier of fact.
Which is a fancy way of saying "a jury decides". So, it is possible that anyone bringing a civil suit against the Borgata is going to have to explain EV/ICM to a jury of their peers.
Good luck with that! ha.
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Part 4: Conclusion
Without reading cases, I have no idea how any of these provisions are applicable to tournament poker specifically. It could be that this is a precedent setting situation (could also easily not be, again, I didn't dig any deeper than the laws/regs themselves).
It seems pretty obvious to me though that, to use legal terms, the Borgata f***ed up big time. They are specifically charged with making sure their chips are unique and getting rid of fakes. I could make a strong argument that they did neither, or, that they failed at best to do one or the other, since either:
1) These fakes were good enough that play wasn't stopped until after they had been in use for a long time, meaning the originals were not unique enough;
or
2) They did know they were fakes and didn't do anything about it.
Either way, they are in violation of their license.
I won't even attempt to speculate on the trouble they may/may not be in (remember this IS NJ, and I'm a born/raised Jersey kid so I'm not hating there just saying the truth) with the Casino Control Commission. As far as individual players filing civil litigation against them for "Equity Lost", since the matter would be sent to a jury the first thing that pops into my head is "Good f****ing luck". A jury would most likely see the "scam" as the value of the buy-in + rake.
That means, unless you are going to pay your lawyer less than $560, it won't be worth your time to pursue this through the courts.
The only worthwhile legal channel I would see is if a group banded against the Borgata and went after the deep pocket for some kind of systemic fraud claim against the total prize pool. Even then though, you are in NJ, so I would assume the Borgata has a lot more clout in the Atlantic City courts than a bunch of poker players.
There are real legal issues raised here, but it appears that whatever the Borgata and the Gaming Commission agree to do about them will be more or less final.
Hope this helps inject some facts into this speculation train
Just quoting this post to increase the number of eyes that see it. Lots of good info in here.
Part 1(1) is pretty much the root of this for me. Having plain tournament chips – e.g. no edge spots or inlay – seems to make this situation more possible than it should.
I guess it probably comes down to the buy-in. At major tournaments, I notice the chips are more intricate and thus harder to counterfeit. The daily tournament at Caesars uses very plain chips, too. They probably figure that no one will bother going through that much trouble to gain an advantage in a $100 small-field event. Perhaps that line of thinking came into play here. In the big picture, a $560 buy-in is a "smaller" event. But the prize money at stake is no small potatoes.
Anyway, I wholeheartedly agree that the authorities need to target the cheaters first, and worry about preventative measures at Borgata second. But hopefully, rooms of all sizes are using this situation to rethink they way they run tournaments.
Edit: this poster said it already... 'tis what I get for grunching, even if for a page
Quote:
Originally Posted by Pyrochaos
The more unique the chips, the harder they are to forge.
Last edited by Wilbury Twist; 01-21-2014 at 05:47 PM.
Reason: Added Pyro's quote.