Suspect Accused of Card Counting at Black Hawk Casino Seeks $3 Million Compensation
A blackjack player who is accused of counting cards at the Ameristar Casino Hotel in Black Hawk, Colorado, is requesting compensation. The event in 2021 triggered what the player believes was an unlawful detainment performed by local police and state gaming enforcement agents.
A complaint was initially filed last October in Colorado's federal district court by attorneys representing the plaintiff, Joseph Shiraef. The plaintiff alleges that he was unlawfully detained after visiting the Ameristar on October 19, 2021. Shiraef, a resident of Lookout Mountain, Georgia, claimed to have a lengthy layover at Denver International Airport. He decided to spend that free time by making the roughly hour-long drive west to the historic mining settlement that is home to 11 casinos and gaming halls.
Shiraef asserts in his court case that after playing blackjack for a few hours and losing $4,000, an Ameristar pit manager asked him to provide his identification. After presenting his Georgia driver's license, the floor supervisor stated they needed to run his identification to "check something."
Shiraef claims that he refused to surrender his license. He alleges that he was then told he wouldn't be allowed to cash out his remaining chips worth $1,800.
Conflict Intensifies
Shiraef alleges that he was accused of counting cards, a practice that involves a gamer keeping a mental tally of the cards that have been dealt in an attempt to better predict what will come next.
In Colorado, there is no specific law forbidding card counting. However, casinos retain the right to ban or limit gamblers who are suspected of counting cards.
Shiraef claims he personally contacted the Colorado Division of Gaming to clarify the situation. Since he needed to get back to the airport, he decided to leave the Ameristar.
Shiraef states that when he tried to leave the casino resort's parking garage, a black SUV with flashing blue and red lights blocked his exit. The gaming agent identified himself as Joseph Nguyen.
Nguyen told Shiraef that he was suspected of committing fraudulent acts.
"I'm going to review the video, and if the video shows that you are committing a crime by cheating or counting cards, you will have a warrant for your arrest. In the state of Colorado, that's not allowed," Nguyen allegedly told Shiraef.
Nguyen asserted that gamblers must play the games fairly. After Shiraef correctly informed the gaming agent and the local police officer present that there is no law in Colorado prohibiting the counting of cards, Nguyen allegedly countered, "You gave us reasons to believe that you were committing a crime."
Shiraef was ultimately released and returned to the airport. He planned to rectify the cashing out of his Ameristar gaming chips at a later date.
Shiraef was never charged in the incident, prompting his lawsuit that includes Ameristar, the casino's owner Gaming and Leisure Properties, Inc., Nguyen, the City of Black Hawk, and Black Hawk Police Sgt. Stephanie Whitman as defendants. Interestingly, the lawsuit does not list Penn Entertainment, which operates the Ameristar Casino, as a defendant.
Compensation Sought
After defense attorneys unsuccessfully tried to have the lawsuit dismissed on the grounds that law enforcement possesses qualified immunity from such legal challenges, Shiraef's lawsuit is now moving forward. The Colorado district court has set a September 20, 2023, deadline for the involved parties to inform the court about the witnesses and experts they intend to include in the case.
U.S. Magistrate Judge S. Kato Crews will then set a pretrial conference. Shiraef is seeking $3 million in compensation for his alleged unlawful detention, as well as legal fees and attorney costs.
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Source: www.casino.org
