In a nutshell, it is illegal for anyone to use a calculating device in a
Nevada casino that predicts the outcome of a game, but the Gaming Commission
is now allowing casinos to use a device called MindPlay to do just that. The
device keeps track of dealt cards at a blackjack table to assure that the
house maintains an advantage over players, and reshuffles whenever necessary
to maintain that advantage.
Background:
Advantage gamblers can gain an advantage over a casino on a variety of ways,
but one of the most popular methods is to 'card count' while playing
blackjack. Card counting itself isn't illegal (Nevada vs Einbinder and
Dalben, 1984) but using a calculating device to card count is illegal by
Nevada Revised Statute 465.075:
NRS 465.075 Use of device for calculating probabilities. It is unlawful for
any person at a licensed gaming establishment to use, or possess with the
intent to use, any device to assist:
1. In projecting the outcome of the game;
2. In keeping track of the cards played;
3. In analyzing the probability of the occurrence of an event relating to
the game; or
4. In analyzing the strategy for playing or betting to be used in the game
The device:
Bally has developed a computer device called MindPlay that reads cards at a
blackjack table and reshuffles the deck if the 'card count' demonstrates a
house disadvantage. Bally had the Eldorado casino in Reno field test the
device, and the Nevada Gaming Commission had no objection (although the
Commission did not specifically approve the device).
The Commission is taking the position that NRS 465.075 applies only to
patrons, not casinos.
The lawsuit:
An advantage gambler, John Allen, played high stakes blackjack at the
Elderado and noticed what the MindPlay machine was doing. Accordingly, on
Oct 16, 2004, he filed a lawsuit:
http://bj21.com/allen_vs_nevada/complaint.html
The lawsuit names the state, the gaming commission, the commissioners
individually, the casino and the manufacturer as defendants. The lawsuit
claims:
1) Theft
2) Conspiracy
3) Mandamus
4) Fraud
Current status:
On Jan 29, 2005, a Las Vegas judge dismissed the suit against the
commissioners individually and the commission itself:
http://www.gamingmagazine.com/Manag...p?C=460&A=13513
While the lawsuit is still pending against the other defendants, no further
action has taken place over the past few months to my knowledge.
Bold move:
On Feb 3, 2005, Bally announced that the Flamingo (Las Vegas) will begin
using the MindPlay device on all of its 36 blackjack tables:
http://www.ally.com/
I have no idea why the Flamingo is doing this with a pending lawsuit. From
reading the statutes I believe there is a very strong case that the device
is against Nevada law. I would have thought a casino would at least wait for
the outcome of the lawsuit before considering the device.
I don't believe I have ever heard of a situation quite like this.
Individuals have literally been sent to prison for using calculating devices
in a casino, yet casinos are openly using these devices to cheat the public.
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