The serious blackjack player today, who defies all of the conventional wisdom by legally grinding out a small advantage against the casinos, also has to worry about the pit boss, casino security, the rules of the casino, the Internal Revenue Service, the Drug Enforcement istration, the Department of the Treasury, the gaming control board, American Indian tribes, and sometimes, local police and prosecutors.
This is all because blackjack can be played for a profit; some people make their living playing blackjack. There are only a few games in the casino in which a player can have an advantage. Theoretically, a particularly savvy sports bettor may have the information to beat the odds. A small fraction of video poker machines yield a small advantage to a player who plays perfectly. There are professional poker players in casinos, but they are winning their money from other players, and the casinos make money even from the winning poker players. Blackjack, or 21, is the one casino game that is most considered to be a game of skill, in which players who count cards can gain a statistical advantage and profit from the casino.
The casinos are not in the business of donating money to gamblers, and they don't like people who can win with any regularity. This leads to the underlying battle between card counters and the casinos. There is a misconception among many people that card counting is not legal, and many casino employees in particular do not feel that card counters should have any rights, treating them as if they were cheaters. As a result, the casinos alter their rules and procedures to combat winning blackjack players. Sometimes, they subtly pull out the welcome mat for players whom they suspect of counting cards; at other times, card counters may be forcibly ejected, legally or otherwise. In extreme cases, they see the counter as a crook, and even report you to a detective agency as such.
The government doesn't know how to treat people who make their living by gambling legally. The laws simply do not contemplate that there are people making their living from legal gambling. A person who carries a large amount of cash is viewed suspiciously as a drug dealer or money launderer by many government agencies. Tax laws view even profitable and legal gambling as recreational and thus, subject to unfavorable tax treatment. Casino gambling is a new phenomenon in numerous states, and the legislatures and istrative bodies are just developing the law that will govern these issues.
What, then, are the rights of blackjack players, and in particular, those who count cards? What are the rules that govern how they play the game? What can the casinos do to counteract the play of card counters? What can the individual player do when the casinos violate his rights? What does the government require of card counters. And how can the player best prepare himself for encounters with casinos and the law?
Blackjack players, casino executives, and attorneys need the answer to these and many other questions. In some cases the law is well defined, and the answers will be very clear. More often, however, specific legal questions have not yet been fully answered by the courts and state gambling istrative boards. No other single reference offers up to date information from a wide variety of sources on these subjects. We will discuss how the law evolves, and will try to show the statutes, cases and theories that most closely parallel the unanswered legal questions. In addition, we will try to present to the industry and to the government that there are consumers, i.e., gamblers, who are being punished for using their brains.
I learned of these issues as a blackjack player; other players told me about some of their problems, and I read of other legal hassles in some of the gambling publications. As a criminal defense lawyer practicing in Chicago, I handled cases in which gamblers were being mistreated by the government because they carried large amounts of cash, and I began to handle some gambling disputes. When Arnold Snyder afforded me the opportunity to co-author this book with I. Nelson Rose, I felt like I had hit the jackpot. When it comes to Gambling and the Law, particularly as it relates to the gambling consumer, I. Nelson Rose is not only the number one authority, but there is no number two or number three. As his articles in this book prove, he brings an unparalleled experience, historical perspective, wealth of knowledge to his writing.
