A person commits manipulation of gaming outcomes if that person: • alters the game of chance by implementing or being allowed to use gambling items that are intended to deceive or change the outcome of the game; • allows or implements materially altered gambling devices; • allows or implements non-casino approved gambling items; • alters the outcome of the game after the outcome is assured but before other players are aware of the outcome.
It is a class A misdemeanor for a first offense or an offense that occurs after five years of a previous offense. If a person has been convicted of this specific crime within the past five years, it is a class E felony.
A class A misdemeanor is punishable by a maximum $1,000 fine and one year in jail, while a class E felony is punishable by a maximum $5,000 fine or double the amount gained from the crime, and/or up to four years in prison.
Use of illegal gaming facilities
This is the simplest and most straightforward fraudulent gaming law. The use of illegal gaming equipment in a casino will be considered the use of illegal gaming equipment. Unlawful gaming property is any item or device that is prohibited by the casino and alters the chance game.
The casino prohibits the use of any application that would increase a player’s chances of winning. Kaden brings his smartphone to the casino, where he utilizes an app to help him win various card games. Kaden has engaged in the illegal use of gaming equipment.
This is a felony of class E. This is punishable by a maximum fine of $5,000 or twice the amount gained from the crime, plus up to four years in prison.
Do similar laws exist regarding fraudulent gaming?
There are a number of laws that are analogous to fraudulent gaming, and individuals can be charged with multiple offenses for a single act.
Depending on the circumstances, the crimes of grand theft and scheme to defraud can accompany a charge of fraudulent gaming.
Federal law prohibits frauds and cons as well, and if the fraudulent activity crosses state lines or involves electronic transmissions, federal charges may also be broug
Additionally, many casinos are located on tribal land, and numerous tribal laws address fraudulent gaming.
Are there any defenses against fraudulent gambling?
When an individual is accused of fraudulent gaming, a number of possible defenses can be used.
Many laws require that the defendant acted with the intent to defraud or that they possessed items with the intent to use them illegally.
Is it simple to demonstrate that the items they possessed were utilized illegally?
This is difficult to prove unless the individual admits to intending to defraud the casino.
Typically, investigators need sufficient evidence to infer intent.
New York law creates an automatic presumption regarding illegal gaming establishments.
If a person possesses two or more illegal gaming devices, it is presumed that they knew the devices were intended to defraud.
Also, depending on how the casino or authorities investigated the crime, constitutional violations such as unreasonable search and seizure may have occurred.
If you have any questions regarding defenses to fraudulent gaming, please contact one of our law firms.
Our attorneys will listen and assist you in comprehending your available defenses.
New York’s gambling regulations.
New York’s fraudulent gaming laws are relatively new. In 2013, New York permitted the establishment of casinos outside of tribal lands. These laws were also enacted simultaneously.
The New York courts have not addressed many aspects of these laws, whereas the Nevada courts have examined similar laws in detail. This is because Las Vegas is a major hub for gambling in the United States and internationally.
Who investigates gambling fraud allegations?
The majority of casinos, if not all, will conduct an internal investigation and report their findings to the state’s gaming commission if they suspect fraudulent activity in their establishment. Depending on the location of the crime and whether it crossed state lines or involved electronic or wireless communications, New York’s Gaming Commission, the Indian Gaming Commission, and even the IRS Gaming Investigation team could be involved.
What should I do if I have been charged with fraudulent gaming?
Call us! Any accusation of fraudulent gaming can have severe consequences. Even if the charges are dropped or you are exonerated, there may still be negative repercussions. It can affect careers, relationships, finances, and future employment opportunities.
In addition, many casinos will not admit individuals who have been charged with fraudulent gambling in the future.
And any casino patron may be affected by a charge of fraudulent gambling. A finding of guilt could result in hefty fines and lengthy prison terms.
Therefore, it is crucial that you have a competent and experienced legal team representing you. Our attorneys have extensive legal knowledge and can assist you in constructing the best possible defense, allowing you to focus on other important matters. We seek to assist you and will always advocate for your best interests.
Manipulation of Gaming Outcomes is a serious charge that can result in significant penalties if you are convicted. The consequences of a conviction can include jail time, fines, and a permanent criminal record. A conviction will also make it difficult to get jobs, housing, and loans. That is why it is so important to have an experienced attorney who will fight for your rights and make sure that you have the best possible chance at a positive outcome in your case. Contact the Law Office of Benjamin Greenwald today to schedule a consultation.
The Law Office of Benjamin Greenwald is a NY criminal defense attorney that specializes in the use of unlawful gaming property. Attorney Orange County NY has experience defending clients in both state and federal courts. He has represented clients accused of crimes ranging from grand larceny to racketeering. In addition to his experience as a criminal defense attorney, Benjamin Greenwald also has a background in gaming law. He has worked as a gaming lawyer for both private companies and government agencies. As a result, he is extremely familiar with the laws governing the use of gaming property. If you have been charged with a crime related to the use of gaming property, you need an experienced attorney like Benjamin Greenwald on your side.
