What to Do if You are Barred or Backed Off by a CasinoBy Robert A. Loeb, Attorney at Law
(From Blackjack and the Law by I. Nelson Rose and Robert A. Loeb)
© Blackjack Forum 1998
Before giving the answers to what a card counter should do if he is barred, some of which are obvious, let me ask the following question: Are you really going to talk them into letting you stay and play? Are you really going to convince them that if they let you stay, they will see that you are not counting cards? Of course not. There is nothing to do but cash in your chips and leave quietly.
If you are not a card counter, it may be worth it to try to persuade the casino of that fact, because the casinos do actually hassle non-counters who may be winning, or because of a faulty conclusion that you are counting cards. Even non-card-counters, however, do not want to be so adamant that they risk some of the consequences listed below.
If you really think that there may be legal action, brought by you or the casino, try to learn the names of the dealer, pit boss, security people, casino manager, or fellow players. It will be important if there are any further legal proceedings. However, you donít want to make things worse. Therefore, what shouldnít you do if the casino is barring you?
What Not to Do if You are Barred or Backed Off by a Casino
1. Donít admit you are a card counter. They donít know for sure. You might deny that you are a card counter, but donít get into a big explanation. It doesnít matter that you bet big off the top of a shoe, or that youíve been losing your shirt. And you donít think that youíre going to persuade them to let you continue playing without heat, do you?
5. Don't go to the cage and cash out. That is the casino's preferred time and place to snap a good close-up of you. Return to the casino on a different shift, when everyone's forgotten about you, and cash out your chips quietly.
If you are actually being arrested, you probably will be legally required to produce identification. Donít state that you forgot your driverís license or that you donít have a license. They may follow you to the parking lot, and tip off the police that you are driving without a license (Iíve learned of an actual incident in which a casino did this). You should merely decline to provide identification rather than making excuses for not having identification.
Regarding Confiscation of Chips when Barred
Even though confiscation of your chips should never be legal in the absence of illegal cheating, card counters have had their chips confiscated on occasion, and casinos have refused to redeem their chips on occasion.
Unless the issue is so important to you that you want to become a legal crusader, be practical and prudent. You are on their turf. With rare exceptions, you canít do better than just getting your money and leaving.
If they confiscate your chips, get a receipt, get the names of everyone involved, ask for the basis of the confiscation (in writing if possible), and leave quietly. Then call your lawyer! ♠
If you will be playing in the Midwest, I'd suggest carrying Bob Loeb's number. He's in the book.
I would also add a suggestion to the advice given by Bob Loeb above. Don't automatically assume that a casino barring will end your career. Every professional gambler has been barred repeatedly, and still manages to keep playing.
Although all casinos will share info on barred players within their corporate group, fewer casinos share information outside that group.]
For more information on your legal rights as a card counter or other type of professional gambler, as well as advice on how to handle the situation if you are barred or back-roomed, see Beat the Players: Casinos, Cops And the Game Inside the Game
by Bob Nersesian, a Las Vegas attorney who has won difficult and huge lawsuits filed in recent years by professional gamblers against casinos.
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