Mr. Kho Claims the Only Reason His Winnings Were Taken Was Due to Card Counting
A man is suing the Hard Rock Hotel in Las Vegas because he says the casino stole $3,600 in blackjack winnings from him. The Hard Rock’s management agrees they did not allow the New Jersey man to leave with his winnings, but they claim he was counting cards.
Thomas-Matthew Kho, who is suing for theft, false imprisonment, and battery, says the casino broke the law when it did not contact Nevada state gaming regulators about its confiscation of chips. In fact, Mr. Kho says the casino did not contact regulators about the incident at all.
Refused to Show His ID
According to the complaint filed by Thomas-Matthew Kho, he was arrested and handcuffed on the gaming floor when he refused to show casino security his identification. The lawsuit says he was then taken to a private room, where the crimes took place.
The court filing says, “[The] 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.”
Alleges He Received Minor Injuries
Kho, who claims he received minor injuries during his detention, says the incident ruined his vacation. He is suing for “destruction of his vacation to Las Vegas” and wants more than $10,000 in damages.
Casino Policies on Card Counting
Card counting is not illegal, but casinos have the right to bar card counters from playing at their casinos. Casinos have a list of banned players, while known card counters are added to their database as a potentially troublesome gambler. Those who repeatedly prove to be card counters are banned from a casino, including all the venues owned by that gaming company.
It is illegal for a casino to take winnings away from a player if all they do is count cards, because it is not illegal. Kho’s lawsuit argues that the only reason the casino took his winnings was due to counting cards. Casino management and their security professionals are likely to argue that Thomas-Matthew Kho’s money was confiscated because he refused to show his identification, or otherwise comply with casino policies.
Chances Kho Wins the Lawsuit
The chances that Kho’s lawsuit will succeed are slim. The Nevada authorities write laws to favor their gaming companies, because those companies’s revenues are a tremendous boon to the state. Nevada gaming law and its judicial system is likely to side with the Hard Rock Hotel’s decision.
Consequences for the Casino
At the same time, filing a lawsuit against a casino for mistreatment has the potential to do significant damage to the casino’s business. Such stories are reported by the gaming media, and sometimes are picked up by the mainstream news media. If a plaintiff can convince the gaming public that the player received bad treatment at the resort, then it hurts that resort’s ability to draw new customers.
A gaming establishment does not want to get a reputation for not paying their gaming debts, and they don’t want a reputation for mistreating their customers. Under the circumstances, even the mention of such an incident in the media represents bad publicity. With dozens of competitors to choose from on the Las Vegas Strip, players might decide it’s not worth the risk that they’ll have their winnings taken, too.
Bad Reputations Go Both Ways
In such cases, taking the “nuclear option” of suing the casino operators has the chance for some blow-back on the gambler, though. First, a devoted gambler is likely to find himself or herself being banned from future player at a casino or network of casinos. Other gaming establishments might take notice and add the player to their banned list, for fear of getting a card counter with a history of lawsuits. Also, if a judge deems a court case to be a frivolous lawsuit, the plaintiff can be ordered to pay court fees for the entity they sue.
Thomas-Matthew Kho might find that he might not have as many options during his future gaming ventures. Certainly, the Hard Rock Casino network is likely to ban him from future gaming. Other casinos are likely to read these stories and remember Mr. Kho’s name.
