Orange County Casino Crimes Attorney

Although New York has historically limited commercial gambling, nearly a dozen casinos currently exist on Native American reservations throughout the state. And with a new law adopted in 2013 allowing a limited number of commercial casinos to open in strategic locations needing an economic boost, New Yorkers will soon have a wide variety of places to play.

But although a night of Poker and Blackjack may be a fun way to unwind, when the urge to win causes you to look for a guarantee rather than a gamble, you could end up in trouble with the law. If you find yourself accused of a casino crime, you’ll need more than luck – you need an experienced and knowledgeable casino crimes attorney with a history of victory in the courtroom.

Types of Casino Crimes

Casino crimes have one common element – cheating. Whether you thought you were just “playing smart” or “evening up the score,” if you do something to gain an advantage (other than developing your skills) that the other players do not know about, you’ve committed a casino crime.

Specifically, casino crimes include:

• Gaming Fraud in the Second Degree

You can be charged with this offense if you

1. a) change or misrepresent your bet
2. b) alter the outcome or possible outcome of the game
3. c) change the amount or frequency of a payment in a casino game
4. d) get a payout without placing a bet

For example, if you tamper with a slot machine or video lottery terminal in order to increase your odds of winning or to double the payout for a win (max value of $999), you have committed second degree gaming fraud. This is a class A misdemeanor, which is punishable by up to 1 year in jail and/or a fine of up to $1,000.

• Gaming Fraud in the First Degree

A second instance of gaming fraud within five years of a second degree conviction or a single act of gaming fraud that generates over $1,000 worth of fraudulent winnings is gaming fraud in the first degree. This is a Class E felony, which is punishable by 1-4 years in prison.

• Use of Counterfeit, Unapproved, or Unlawful Wagering Instruments

If you knowingly use fake tokens, chips, checks, or vouchers in the casino, you are guilty of the use of “unlawful wagering instruments.” Unfortunately for some of our clients, if you have as few as two of these counterfeit items in your possession (for example two fake tokens in a stack of many), you are automatically assumed to know they are fake, and thus have used them intentionally, unless your lawyer can prove otherwise. This is known as “presumptive evidence.”

• Possession of Unlawful Gaming Property in the Third Degree

Any device used to commit casino fraud is considered “unlawful gaming property.” Possession of such a device is a Class A misdemeanor, punishable by up to 1 year in jail and/or up to $1,000.

• Possession of Unlawful Gaming Property in the Second Degree

If you make, sell, or bring unlawful gaming property with you to the casino with the intent to sell it, you’ve committed second degree possession. You can also be charged with this crime if the face value of the property is over $300 but less than $1,000.01 or if this is your second charge of unlawful possession within five years of a previous conviction.

Second degree possession of unlawful gaming property is a Class E felony, punishable by 1-4 years in prison.

• Possession of Unlawful Gaming Property in the First Degree

If the face value of the unlawful property is over $1,000 or if you make, sell, or intend to sell such property for the second time within five years of a prior conviction, you can be charged with first degree possession of unlawful gaming property.

This crime is a Class D felony, punishable by 1-7 years in prison.

• Use of Unlawful Gaming Property

If you use any unlawful gaming property to cheat in a casino game, you can be charged with this crime, which is a class E felony, punishable by 1-4 years in prison.

• Manipulation of Gaming Outcomes At an Authorized Gaming Establishment

A person who manipulates cards, dice, or other gaming equipment to give himself or someone else an advantage; who knowingly conducts, operates, deals, or exposes manipulated equipment for play; or who plays with such manipulated objects can be charged with this crime. This includes marked cards, loaded dice, the “ace up the sleeve,” etc.

A person who alters or misrepresents the game’s outcome when he or she knows it but the other players do not can also be charged with this crime.

A first offense is a class A misdemeanor, punishable by up to 1 year in jail and/or $1,000 in fines. A second offense within 5 years is a Class E felony, punishable by 1-4 years in prison.

• Unlawful Manufacture, Sale, Distribution, Marking, Altering, or Modification of Equipment and Devices Associated with Gaming

If you purposely make or sell modified equipment (such as loaded dice) or perform the modification for someone else, you can be charged with this crime, which is a class A misdemeanor, punishable by up to 1 year in jail and/or $1,000 in fines. A second offense within 5 years is a Class E felony, punishable by 1-4 years in prison.

Accused of a Casino Crime? Call Us Today

As you can see, cheating in the casino is in itself an enormous gamble, and one that has the potential to be a devastating loss. If you’ve been accused of such a crime, don’t risk your future. Call our office to discuss your case. With a long history of courtroom wins, we’re a sure choice to ensure your best situation. Contact us today at (845) 567-4820.