Card Counter Sues Hard Rock Hotel Over Confiscated WinningsSeptember 16, 2015 1:00 pm
A card counter is suing the Hard Rock Hotel for punitive and actual damages amounting to more than $10,000, after the Las Vegas casino confiscated the $3,625 in chips he tried to exchange at its cash out cage. The incident took place at the end of August, and at the heart of the complaint made by Thom-Matthew Kho is the claim the casino did not follow correct procedures by contacting state regulators over the dispute.
According to his lawsuit, Kho was within his rights to refuse to provide ID at the casino cage. Nevertheless, the casino’s security guards refused to let him leave the property, and subsequently handcuffed him before leading him off to their office. Kho then complains about being “searched against his will”, and said that by failing to inform the Nevada Gaming Control Board about the dispute, the Hard Rock Hotel did to follow lawful procedural rules. Kho also claims to have suffered emotional distress and minor injuries during his ordeal, and as his lawsuit alleges:
“Plaintiff, while in the security office, was physically searched against his will, his wallet unconsensually removed from his pocket and rifled, his picture taken against his will .. a copy of his driver’s license taken against his will, and held in handcuffs against his will.”
Interestingly, while card counting using your brain is not illegal in the US, under ancient common law a casinos has the right to eject anyone from the property they like, unless their decision is discriminatory in terms of “race, creed, sex, national origin, age, or physical disability”. Therefore, a casino is within its rights to eject a blackjack players from its venue. However, casinos apparently do not have the right to demand identification, or force a player to have his photo taken. According to a piece of advice given to card counters on smartgaming.com, a player accused of card counting should not admit to what they have been doing; should not show their ID; should not pose for a photo, and definitely should not cause an argument or touch any of the casino’s employees.