1958-1959

Two major impactful events occurred, one in 1958, the second 1.5 years later, involving the Senator Club, which offered the game 21 and slot machines. Near the Nevada capitol in Carson City, this casino-restaurant-bar was popular among state legislators and politicians.

At the time, Stella C. Vincent and William “Bill” E. Duffin had co-owned the business, 63 percent and 37 percent, respectively, for about two years. Duffin, though, ran the place.

Impetus For First Upset

Cheating at the Senator Club came to light in January 1958 when Nevada Gaming Control Board (NGCB) investigator William Walts witnessed Nicholas “Nick” V. Goodman dealing seconds, using the second versus top card in the deck, during 21 games. The NGCB called Goodman in for a chat. Agents told him they’d received unfavorable reports about his conduct and warned him he better deal cleanly.

Four months later, three Reno insurance salesmen filed a complaint with the tax commission, alleging a dealer named Nick had swindled them at the Senator. They’d seen Nick burn a card in the middle of a hand (take it from the top and put it face up on the bottom of the deck). This is usually only done after each shuffle. Nick also allegedly turned the deck or dealt from the bottom mid-game, so he could access cards used in earlier hands.

Also in April, Michael MacDougall, a gambling detective the Nevada Tax Commission hired to survey the industry in The Silver State, reported he witnessed cheating at the Senator Club (and at the New Star in Winnemucca).

Hammer Comes Down

To address the alleged cheating at the Senator, the NGCB held a hearing, per protocol, in June, for Vincent and Duffin to explain why they should be allowed to keep their gambling licenses.  

At the proceeding, NGCB agents questioned all of the witnesses, the co-owners and Goodman. Duffin and Vincent asserted they didn’t know cheating was taking place. Goodman denied he’d knowingly cheated, ever.

In late July, the Nevada Tax Commission, on the NGCB’s recommendation, revoked both gambling licenses associated with the Senator Club. All gambling activity ceased there. This was the first big blow to the gambling business during the Duffin-Vincent time.

Picking Up The Pieces

The co-owners made the best of it. They kept open the restaurant and bar and installed a dance floor in the casino space. Later, in early 1959, they leased the gambling concession to an outside operator.

Goodman, however, didn’t fare so well. He was fired from the Senator Club, for starters.

“The case washed up Goodman as a Nevada dealer, although he has steadfastly maintained he was not cheating,” wrote the Nevada State Journal (Dec. 27, 1959).

Shocking, Irreversible Loss

At the end of shift early Christmas morning in 1959, Duffin invited the Senator Club employees leaving work and some patrons still there to join him for breakfast at the nearby Silver Spur café-casino. Reportedly, Duffin often showed such kindnesses, including driving home employees so they wouldn’t have to walk or take a taxi in the dark wee hours.

Following the meal, the group dispersed. Duffin, on his way through the parking lot, stopped to wish several Silver Spur employees Merry Christmas.

Once at his car, after he opened the driver’s side door, a handful of bullets hit him in the back and drove him to the ground.

Duffin died then and there.  

———————————–

It Really Happened! will publish Part II next Wednesday, April 20, 2022.

Sources

As Mark Estes, 28, played blackjack at a table in Nevada’s Las Vegas Hilton casino one day, he counted the cards. This involved remembering the cards dealt during each game and using a mathematical formula to calculate the odds of success of betting on any given hand.

Suddenly, the University of Nevada, Las Vegas grad student found himself in a back room on the property, being told he’d “wind up in the desert with a hole in his head” if he was caught counting cards again at the Hilton, Estes alleged. Because he refused to leave the casino after this threat, the staff had him arrested for trespassing.

Card counting was legal then, and Nevada gambling authorities didn’t regulate it. House rules of many of the state’s casinos disallowed the practice, and these enterprises could and did eject card counters and take other actions, like extra card shuffling, to impede their efforts.

Right To Play Cards

Estes, with help from the American Civil Liberties Union sued the Hilton, the Nevada Gaming Commission (NGC), the Nevada Gaming Control Board and the Las Vegas Police Department to try to stop Nevada casinos from refusing to play card games with card counters.

Estes’ complaint asserted the following:

• Card counters had to the right to play cards in a casino in any way they wanted.
• The state of Nevada was obligated to protect card counters.
• Nevada was encouraging unlawful conduct by allowing casinos to throw out card counters.
• Casinos can’t just let people most likely lose play cards in their establishments.

In his suit, Estes asked the court to declare illegal the existing gambling regulation that requires casinos to ban people whom the state deems to be “inimical to the interests of the State of Nevada, or of licensed gambling, or of both,” reported the Las Vegas Sun (Jan. 21, 1977).

“The case, expected to be a landmark for the NV gaming industry, will test the practice of card counting and whether casinos are in their rights when they eject a counter,” wrote the Reno Evening Gazette (Aug. 19, 1977).

Persisting In The Cause

After Hilton Casinos Inc. and the NGC asked the court to dismiss Estes’ case, Judge Joseph Pavlikowski did just that. Based on a previous ruling by the Ninth Circuit Court of Appeals, he determined that nobody has a constitutional right to play cards.

Estes appealed, and two years later, the Nevada Supreme Court heard arguments in the case. Estes’ attorney asserted that blackjack/21 is a game of chance, and players who have a chance of beating the house can’t be banned. Card counters are simply using their intelligence, he said, and casinos can’t kick out better players.

Hilton Casinos’ attorney countered that casinos’ right to ban certain players is a private business decision, one that Nevada gaming regulators recognize.

Ultimately, the high court jurists ruled in the Hilton and, thus, all Nevada casinos’ favor.

Battle Buddies

Before Estes took up the sword, another card counter, Kenneth “Ken” S. Uston, had launched the battle in 1976, when he’d sued Las Vegas’ Flamingo, MGM Grand and Marina Hotel and Casino for $14 million for what he’d claimed was “illegally” prohibiting him from playing cards at their establishments. This suit differed from Estes’ in that it didn’t allege state wrongdoing.

In federal court in 1978, U.S. District Judge Roger Foley decided Uston’s case. Foley ruled that Nevada casinos may disallow card counters from playing cards in their gambling house.

Over the years, Uston filed several lawsuits related to Nevada casinos’ treatment of card counters, but he lost them all.

For Ben Affleck and all other card counters, present and future, these two Davids, Estes and Uston, fought the Goliath of Nevada casinos, but unlike in the Biblical story, they didn’t prevail.

———————————————-

Do any of you count cards? If so, how much of an advantage would you say it gives you?

Illustration from Pond5.com

Sources

1967

The North Lake Tahoe gambling house had been running smoothly for eight months since Arthur “Art” L. Wood, developer of the Incline Village master-planned community, had assumed ownership of it earlier in the year. He’d acquired it along with the lakefront restaurant and bar components of The Sierra Tahoe in Nevada from then owner Calvin Kovens and afterward, renamed the gaming entity Incline Village Casino.

Caught In The Act

On a day in mid-October, employee Clayton P. Gatterdam was working there as a craps stickman, responsible for calling the dice rolls and moving the dice around the table. While a game was in progress, he pulled misspot dice — ones without certain numbers — a few times from a hidden pocket in his apron and swapped them for those in play to increase the player’s chance of winning. One of his dice, for instance, contained two ones, two fours and two fives.

Two members of the Nevada Gaming Control Board (NGCB), the investigative gambling regulatory arm that reports to the Nevada Gaming Commission (NGC), witnessed Gatterdam cheating! At the time, the NGCB happened to have been conducting a random, clandestine, undercover check of the Incline Village Casino.

Gatterdam had arranged in advance with an acquaintance to collude in the swindling and split the winnings. The co-conspirator was to bet at Gatterdam’s craps table, and Gatterdam was to insert the misspot dice to facilitate one or more wins.

“[We was] going to try to put the dice in and take the place off, shoot the bankroll. We was going to try to beat the house,” Gatterdam said in his statement to Wood’s attorney. He also admitted to having been a “crossroader,”* or cheater, for the previous 20 years. (About 1.5 years later, Gatterdam again would be caught using misspot dice but in London, England.)

Protocol Followed

Consequently, the NGCB closed the Incline Village Casino — standard procedure — and filed a formal complaint against its operators, Wood, who owned 90 percent, and Benjamin “Benny” Lassoff, the bartender there who owned 10 percent. Neither of them had been on the premises when the trickery occurred.

The NGCB recommended the NGC revoke Wood and Lassoff’s gambling licenses. That’s just what it did; it pulled them for a year.

“These procedures were established for two purposes, to protect players against cheating and to protect the reputation of the state,” stated an editorial published in the Las Vegas Sun (Nov. 3, 1967). “Should it ever become established that the state allowed a cheating operation to continue one minute after irregularities are detected or even strongly suspicioned, the fat’s in the fire for sure and there’ll be a field day for the ever-ready critics of our major industry.”

Business Left Hanging

Wood pleaded with the NGC to let him keep his license, saying he’d do whatever it would take. No dice. 

“I think this thing was handled unfairly,” Wood said. “But [the NGC] is the boss” (Nevada State Journal, Dec. 5, 1967).

Unable to run the casino, Wood sought to lease or sell his majority interest in it and even unload the restaurant and bar components he owned as well, if necessary.

—————-

*A crossroader is a casino cheater; the term, which originated in the Old West, denoted someone who practiced their trickery at saloons located at crossroads.

Sources

Elliot Paul Price

1970-1973

When federal agents arrested Elliot Paul Price, 51, during a massive multi-city raid in 1970 and charged him with illegally transmitting race wire information across state lines via telephone, two dominos fell:

• He lost his job as a casino host at Caesars Palace in Las Vegas.

• The Clark County Sheriff’s Office pulled his work card, which is required for casino employment.

In April 1971, however, the sheriff’s department issued him a temporary permit to work in a similar position at Circus Circus. Within the week, though, the Nevada Gaming Commission (NGC) voted to pull it due to his being under federal indictment and allegedly having an unsavory background. On the NGC’s orders, the sheriff’s office revoked his card, leaving Price again unemployed.

Price Won’t Take No

Unable to obtain a casino job, he filed a lawsuit, but it went nowhere because, according to the judge, he hadn’t pursued all possible avenues for re-obtaining his employment permit.

Price asked the NGC and the Nevada Gaming Control Board (NGCB) to reinstate it, but they didn’t. This was because, in a hearing on the issue, he refused to answer questions about his suspected association with underworld individuals. Price hailed from Boston and gambling regulators believed he was entrenched in the Mafia there.

Lawsuit, Take Two

At the start of 1972, with Oscar Goodman as his attorney, Price sued Nevada Governor Mike O’Callaghan and the NGC, claiming the latter had rescinded his work card arbitrarily. The suit purported the agency’s decision hadn’t been based on established guidelines but, rather, on unrelated “charts of the Mafia, ancient newspaper articles, dime store novels, and secret and confidential information” (Nevada State Journal, June 13, 1972). It also asserted the NGCB hearings had violated his freedom of association right and forced him to be a witness against himself.

Goodman requested the withdrawal of Price’s work card be deemed unconstitutional and a temporary restraining order (TRO) be placed against the gambling regulating agencies, preventing them from interfering with his obtaining a new one.

The state, on the other hand, argued that were the court to afford the TRO until the issue got resolved legally, it would be substituting its judgment for that of Nevada in a state administrative matter. Also, were Price to prevail, it “could well emasculate the total regulatory concept of gaming” (Reno Evening Gazette, June 13, 1972).

District Court Judge Howard Babcock granted Price the TRO.

Nevada Fights Back

The NGCB responded with a suit of its own to overturn Babcock’s action on the grounds that the local court lacked jurisdiction in the matter. The NGC and NGCB conceded Price could work in a non-casino job at Las Vegas’ Riviera hotel.

District Court Judge Carl Christensen denied the State of Nevada’s motion to dissolve the TRO. This meant Price could return to his casino host post at Circus Circus until the high court weighed in.

Off To Higher Court Land

Next, Goodman took the case to the Nevada Supreme Court, asking it to allow Price to regain his work card, thereby protecting his constitutional right to due process.

Deputy Attorney General David Polley, for the state, argued that upholding Babcock’s ruling would “set a dangerous precedent which would be detrimental to the inhabitants of Nevada and their major industry” (Nevada State Journal, June 13, 1972).

Resolution Three Years Later

In 1973 the Nevada Supreme Court delivered the opinion that, yes, the lower, or district, court had jurisdiction to rule upon the validity of Price’s right to work in gaming.

In other words, Goodman and Price* won the legal fight. Their doing so established that Nevada couldn’t deprive someone of their work card without due process. Subsequently, Clark County instituted processes for suspending or revoking a work identification card and for an appeal by the card holder.

—————————–

* In 1979, Price would be indicted for multistate race fixing along with other members of Boston’s Winter Hill Gang, James “Whitey” Bulger’s associates, for which he would serve two months. Subsequently, he would disappear, never to be heard from again.

Sources

Japanese police emblem

1974-1975

For many Japan-based businessmen, gambling trips to Caesars Palace in Las Vegas, Nevada turned nightmarish.

Kikumaru Okuda, 46, also a resident of the Land of the Rising Sun, and a film producer with Toho Film Company, organized numerous trips on behalf of the Nevada hotel-casino, at the request of its president, Harry Wald. Caesars Palace paid Okuda, who’d met all of Nevada’s requirements for junketeers, $3,000 ($15,000 today) a month for his services.

The agreement with junket guests, which was typical, was that the resort would pay their airfare and hotel bills in exchange for them gambling a certain number of games while in Sin City. If they won, the casino would pay them in U.S. dollars on site. If they lost, the guests would pay in yen what they owed after returning to Japan.

Illegal Collections

In the case of a 32-year-old, Yokohama dry goods dealer, upon his return home, Okuda told him he owed $93,000 (about $455,000 today) and demanded payment. (It’s likely the man hadn’t known the size of his marker or how fast it had grown when he was in Vegas.) He refused to pay.

Soon after, Okuda’s partners —Yoshihisa Kuroda, 45, and Manabu Nakajima, 40, both corporate executives — told the debtor they had Mafia and Yakuza (Japanese organized crime members) associates who’d “liquidate” him if he didn’t pay immediately (Las Vegas Sun, July 17, 1975). He gave them $18,000 (probably all he could at the time) then reported the incident to police. (Such extortion by junketeers is why the state of Nevada, in 1972, had augmented its regulations concerning junkets.)

Consequently, in 1975, members of the Tokyo Metropolitan Police Department (MPD) investigated possible links between organized crime and gambling junkets to Las Vegas.

“In general, the situation occurred at about the same time as the movie, The Godfather, was being run in Japan, and from the point of view of the Japanese the entire affair appeared to have been engineered by organized crime interests,” wrote Jerome Skolnick in House of Cards.

Police discovered other victims, including:

• A golf course proprietor who was forced to repay $670,000 ($3.3 million today)
• A nightclub owner who had to come up with $100,000 ($490,000)
• A Tokyo jeweler who’d lost $50,000 and paid about $10,000 ($49,000)

They learned Okuda had begun the junket enterprise in January of 1974 and since then, had taken to Las Vegas 85 men, whose gambling losses had totaled $83 million ($407 million today)! Okuda had collected about $600,000 ($3 million today), two-thirds of which he’d sent to the casino through a U.S. attorney living in Japan.

The MPD arrested Okuda, Kuroda and Nakajima on charges of extorting millions of yen from Japanese citizens.

Nothing Doing

Nevada Gaming Control Board (NGCB) agents also looked into the allegation, in the United States and in Japan. When they questioned Wald, he said he was clueless as to the intimidation tactics Okuda had been using. Further, he claimed Okuda had offered to take over junket debt collection, but Okuda asserted Wald had asked him to do it. (Caesars Palace already had been in the NGCB’s crosshairs over junkets in 1969.)

When overseas, Japanese police prevented NGCB agents from reviewing any and all related documents, saying they were being held as evidence for the trio’s upcoming trial.

Back home, Nevada gambling regulators noted that opposition to and a major media campaign against gambling and junkets was growing in Japan and said the climate there toward the U.S. industry was “economically and emotionally bad” (Reno Evening Gazette, Aug. 19, 1975). Silver State officials were displeased with the circumstances surrounding the junkets from Japan and the resulting strained relations with the country.

As for Okuda, the Tokyo MPD arrested him a second-time in 1975 on different junket-related charges, but what ultimately happened to him, his henchmen and Caesars Palace — if anything — is unknown.

Sources

Art from Wikimedia Commons: by Mononomic

Silver Slipper, 1950s

1956

The gambling licensees of the Dunes and Silver Slipper casinos applied to restart bingo on the premises, but the Nevada Gaming Commission denied their request, stating that the return of the game to the Las Vegas Strip would be detrimental to the area.

This was because in prior years when bingo had been permitted, the competition had gotten out of hand and the ample prize money had drawn so many people, it had created traffic problems.

Token from the Old Cathay Club, a casino, restaurant and bar open in the mid-1950s in Reno, Nevada

1955-1966

Harry Chon, licensed operator of the gambling operations at the Old Cathay Club* in Reno, Nevada, found himself in an uncomfortable spot, under pressure from two parties, in 1956.

The story begins about a year earlier, when two other men, Horace Fong and his godfather, Moon Wah, applied unsuccessfully for a gambling license for the same property. Of the two, only Wah had casino experience, and he’d been convicted recently of tax evasion in California.

Soon after, Fong re-applied — this time with Chon named as the co-licensee — but to no avail because the Nevada Gaming Control Board (NGCB) deemed Fong unsuitable, likely due to his relationship with Wah.

Then Chon alone sought and was granted a gambling license to lease space from Fong and run a casino in it. Fong operated the other entities on the property, a restaurant and bar.

Rumblings Then Temblor

In spring 1957, the NGCB heard rumors that individuals other than Chon were running the gambling at the Old Cathay. It was verboten to change casino interests without approval first from gaming regulators, so agents investigated.

Chon confided in them he’d hired a man named Fred Down to manage the casino, but Down did what he (Down) wanted and had brought in George Chinn to be the pit boss, despite Chon having urged him not to. Chon also admitted he, himself:

• Lacked access to the safe as Down had the combination
• Didn’t know how much the house’s bankroll contained from day to day
• Didn’t have any say over hiring or firing employees

The NGCB cited Chon on five counts:

• Transferring interest to an unlicensed person
• Permitting concealed interests in the club
• Misrepresenting on his license application the casino’s financial structure
• Improperly maintaining the bankroll
• Unsatisfactorily conducting business

The board ordered Chon to explain in person why he should be allowed to keep his license. In the interim, he voluntarily shuttered the Old Cathay casino, on March 15, to remove some of the people associated with it, he said.

Testimony Given

At the hearing, Chon relayed a different story, perhaps because Fong, Down and Chinn also were there. He denied telling anyone he lacked control over his club and the workers and that Down wouldn’t do what he said. Chon claimed it was his choice to not have the safe combination because he tended to spend money when he consumed too much alcohol.

However, he did concede to having expressed his concerns about Chinn to Down. (Chinn had had a run-in with the state some years prior when it was discovered he’d held a secret interest in the Yukon Club in Reno.) Chon said Down’s response had been that he and Chinn were friends but he’d take care of it later.

Chon explained he’d often traveled to and from San Francisco and spent three days a week there where he oversaw a grocery store.

Also, he vehemently denied that he’d allowed unlicensed parties to operate the casino, specifically Fong, Down and/or Chinn, or that he’d abandoned his gambling permit.

Fong and Chinn attested to not holding any interest in the Old Cathay Club.

The NGCB’s auditor testified that Chon had initially signed the casino checks but within a month of opening the doors, Down had assumed the task. He noted Chon had contributed $18,000 to the bankroll, but it hadn’t been recorded in the club’s accounting records.

It seems some bad characters had used Chon, without his knowledge, as a front man for the Old Cathay Club then took over.

The NGCB Rules

In May, pursuant to the testimony provided at the proceeding and their own findings, the board members determined that Chon:

• Hadn’t, willingly at least, allowed any transfer of interest in the casino, but they strongly doubted he truly controlled it
• Hadn’t allowed a concealed interest in the gambling house
• Hadn’t misrepresented information on his license application
• Had funded the bankroll via loans, but against the rules, the transactions hadn’t been recorded
• Had improperly maintained the bankroll and admitted he couldn’t control it
• Had conducted the business unacceptably

Consequently, the agents unanimously agreed Chon was unfit for a gambling license and, therefore, recommended it be revoked. In agreement, the tax commission pulled it.

Chinn Goes For It

With Chon out, Chinn, already on the NGCB’s radar as being shady, applied for a gambling permit in June to run the casino at the Old Cathay but under the name, California Club, noting he would invest $42,000 in it.

As expected, regulators denied the license because of “unsatisfactory past operation” (Nevada State Journal, June 27, 1957).

Chon, Take Two

Fast forward six years. Chon, who had his gambling license taken away, applied to have it reinstated. That time it was for Basin Street, a casino at 246 N. Lake Street, also in Reno. NGCB agents decided to give him another chance, as his prior infractions hadn’t been egregious and he’d closed his casino voluntarily before any state action. They voted 2 to 1 to give him one on a six-month conditional basis.

Chon ran that gambling house for two and a half years.

—————————–

* The Old Cathay Club previously had been called Confucius and before that, the Lido Bar. It was located at 222 Lake Street in Reno (now a parking lot across from Greater Nevada Field).

Sources

During Nevada’s 1957 legislature, State Senator Kenneth Johnson (R-Ormsby), voiced his concerns about some of the state’s gambling licensees* simultaneously co-owning Cuban casinos.

He feared that:

• Nevada licensees might form alliances with U.S. mobsters in Havana, who primarily ran gambling there

• Nevada licensees might use those relationships to hide mob interests in their Silver State gambling enterprises

• U.S. lawmakers might grow intolerable of the political ties between Nevada licensees/their agents and the Cuban government

• U.S. lawmakers might, therefore, pass a law that eradicates legal gambling in Nevada

“I don’t like to see them use the stamp of respectability given them by Nevada as a magic wand to go into similar business ventures in other part of the world,” Johnson said (Reno Evening Gazette, Jan. 26, 1957). “From now on I’m going to dedicate my efforts to protecting Nevada’s gambling monopoly.”

Johnson, therefore, was tasked with studying the effects on the state of its licensees being involved in Cuban gambling.

Potential Stain On Nevada

Before he could report his findings as planned, prior to the next (1959) legislative session, events took place that forced Nevada’s gaming regulators to take a stand immediately.

In December 1957, Albert Anastasia was murdered. He’d been a boss of the Giambino crime family and head of Murder, Inc., the Mafia’s enforcement branch that was founded by notorious, New York mobster Meyer Lansky, who also was an associate of Charles “Lucky” Luciano.

New York police were investigating the angle that mobsters involved in Cuba’s gambling industry, Lansky in particular, had Anastasia whacked because he’d tried to horn in on that territory.

Cuba Gambing Exposé

In March 1958, LIFE magazine published an article, “Mobsters Move in on Troubled Havana and Split Rich Gambling Profits with Batista.” The subtitle was, “Old Familiar Faces from Las Vegas Show Up in Plush New Casinos with Plenty of Fast ‘Action’ to take Tourist Dollars.”

Of the surreptitiously taken photos in the piece, one depicted Meyer Lansky and a woman leaving the Riviera casino. The description noted that he carried a “satchel reported to have contained $200,000 from cashier’s office” and went on to state, “Lansky was returning to U.S., where he was picked up for questioning in the Anastasia murder case.”

Meyer Lansky, known as the mob’s accountant, had gambling interests from coast to coast in the United States and had been a key player in the Mafia’s development of Las Vegas. Another image showed Meyer’s brother, Jake Lansky, in Cuba’s Nacional casino.

Spotlight On Silver State

The LIFE article stated Nevada’s casino industry was spotless: “Ever since the Nevada boom hit full stride in the ’40s, the gambling mob has been ‘legit,’ shunning the back streets and peepholes, running scrupulously honest tables, keeping books and paying income taxes.” (This was partially valid.)

The piece, though, also revealed that some Silver State licensees were entangled with major mobsters in Cuba, where the industry wasn’t so clean. (This was true.)

The Lanskys managed Cuba’s Nacional casino while owner Wilbur Clark, co-owner of the Desert Inn in Las Vegas, was the front man and three other Desert Inn shareholders were investors. Meyer also owned a piece of the action at the Havana Riviera casino with three Nevadans tied to the Sands and the Fremont hotel-casinos in Sin City.  

The other Nevada gaming licensee involved in Cuban gambling was Clifford Jones, the co-owner of the Thunderbird Hotel in Las Vegas, who owned a percent interest in the Havana Hilton casino.

“Nevada, which has already been and is under fire, cannot stand idly by when licensees participate in activities which in any way bring notoriety or discredit to the state,” the Nevada Gaming Control Board (NGCB) wrote in a report (Reno Evening Gazette, April 25, 1958).

The rumor in Cuba then was that the all-powerful in Las Vegas orchestrated the LIFE exposé and were supporting Fidel Castro to collapse Havana gambling. Many Nevada gamblers didn’t like the industry’s booming success in the island nation where the swanky hotels and casinos were larger than any in Las Vegas.

In Or Out?

The LIFE article spurred the Silver State’s gambling regulators to act. In April, they demanded that the eight licensees with financial interests in Cuban casinos choose Nevada or Cuba, as they no longer could operate in both places.

All of the gamblers selected Nevada and claimed they’d divest their Cuban holdings but noted it might take some time.

A new Nevada regulation followed that bars all state gambling licensees from engaging in casino operations in any other state or nation.

——————————-

* Gambling licensees and/or casino owners or operators are referred to as gamblers

Sources

Photo from the University of Miami Libraries’ Digital Collections

1958-1959

(Part I ran last week.)

The Nevada Tax Commission withdrew the gambling license of the New Star casino’s operators — Brent Mackie and Kenneth Henton — in July 1958 after investigators allegedly witnessed 21 dealers cheating customers in eight different ways at the Winnemucca casino.

Later that month, defense attorney Thomas Foley of Las Vegas, petitioned the district court to review the tax commission’s license revocation order on the grounds that it was “capricious and arbitrary” (Reno Evening Gazette, July 29, 1958). District Judge Merwyn H. Brown ordered the agency to defend its action.

Bias Alleged

However, Brown was automatically disqualified from hearing the case. This was due to Nevada Gaming Control Board (NGCB) member, William Sinnott, alleging via an affidavit that Brown, also of Winnemucca, possibly was biased against the tax commission as he’d ruled on the side of the Thunderbird Hotel in Las Vegas when its gambling license was in contention. 

The commission also was concerned Brown had become too close to Mackie and Henton when they’d owned the Mint Club casino in town previously.

“I’ve been booted off the case for an asinine reason,” Brown said (Reno Evening Gazette, July 30, 1958). “Frank Petersen [NGCB’s counsel] called and said he felt I was disqualified because a lady who has been my neighbor for 30 years owns a half interest in the building in which the New Star casino is located. I told Petersen that if that reason is valid, I can’t sit on any case because I have had friends here for 50 years.”

Legal Sparring Ensues

In August, District Judge John F. Sexton of Battle Mountain, Brown’s replacement, stated the license revocation was too strict, and as such, he lessened the penalty to closure of only the 21 game for 60 days and covering of the dice table for 30 days with time served taken into account. Mackie and Henton still could operate the slot machines.

Petersen, attorney for the gaming regulators, called the alteration “improper and prejudicial,” pointing out that Sexton must have determined cheating had taken place or he would’ve reversed the revocation (Nevada State Journal, Dec. 11, 1958).

“Sexton’s modification decision was another milestone in the evolution of Nevada’s thorny problem in policing the state’s multimillion-dollar legalized gambling industry,” noted the Nevada State Journal (Aug. 9, 1958).

Petersen appealed to the Nevada Supreme Court. In mid-August, that court sided with the tax commission, granted its motion to stay Sexton’s order, or in other words, reinstated the license revocation and casino closure.

One Last Tack

Mackie and Henton, however, continued to fight. Foley asked the high court to dismiss the tax commission’s appeal of the district court decision that eased the revocation order and, instead, to allow a motion for re-hearing of the testimony in the lower court.

That effort, too, was unsuccessful as the Nevada Supreme Court in September said it, not the district courts, was the final arbiter on appeals concerning state gambling regulation orders.

Foley again appealed to the higher court, the second time asking the revocation be overturned because evidence had been lacking and insufficient for the penalty to be imposed initially.

In court in December, the justices asked Petersen how the tax commission could function in a judicial capacity when there was a dispute over which witness to believe and the commission itself had not observed the witnesses. (Before 1955, the tax commission directly heard all hearing testimony but that duty was transferred to the NGCB when the legislature created the entity that year).

Petersen replied that the commission has the record of the gaming board hearing and determines the weight and credibility to be accorded to the various accounts.

Out Of Gas

In January 1959, the Nevada Supreme Court found that Sexton’s order to reduce the penalty was administrative rather than judicial. It also determined a reasonable cause for the revocation had existed. The final ruling was that Mackie and Henton’s gambling license for New Star would remain cancelled for the requisite year, and it was.

Gambling At New Star Revived

That didn’t mean a different party couldn’t obtain a license and run the gambling at New Star. In fact, that’s what happened.

In February, the tax commission granted a gambling license to Sumner and Doris Kirkby to operate 20 slot machines at the club. The next month, it approved Roland I. Benum of Las Vegas to run blackjack and dice games there, too, with a $25 table limit, a restriction that in July was removed.

In December 1960, Harold Larraguetta invested $40,729 in and assumed control of the entire casino operation, which he ran for four years.

Sources

Photo from freeimages.com: by Steve Roberts

New Star (restaurant, casino, bar), Winnemucca, Nevada, 1960s

1958

Casino workers at the New Star allegedly were caught in flagrante delicto.

In April, a gambling detective — Michael MacDougall from New York — conducted a statewide, in-person survey of various gambling entities upon the request of Robbins Cahill, head of the Nevada Tax Commission, the state’s gambling regulatory agency at the time.

MacDougall spotted dealers cheating during games of 21 (blackjack) on two different days at the Winnemucca gambling house. In May, Fred Galster, an agent for the Nevada Gaming Control Board (NGCB), which investigated all cheating complaints, played the game at New Star for hours, and he, too, noticed the same deceitful activity.  

Array Of Infractions

The two witnesses observed the dealers employing the following cheating methods

• dealing seconds = dealing the second card in the deck

• turning the deck = turning a card over and dealing from the deck bottom

• one hand bottom = taking a card from the deck bottom to give the dealer 21

• copping the cut = picking up the cards in the same way they’re cut

• hi-low stack = picking up discards in such an order that the dealer gets two high cards and the player gets one high and one low card

• dealer’s stack = picking up discards in such an order that the dealer gets 21

• bubble peeking = bending the top card slightly to glance at it

• bridge = bending a card so players unconsciously cut at that card

• false shuffle = passing cards through a shuffle without rearranging their position

During the 1950s, Nevada gaming authorities cracked down on cheaters, typically revoking the gambling licenses of the casino operators, thereby closing their establishments for a year.

This was to portray to outsiders, federal lawmakers in particular, that the industry in The Silver State was honest and clean. One might argue they were extra vigilant during 1958 because Robert F. Kennedy was working diligently and blatantly to eradicate racketeering throughout the U.S., and gaming was an obvious place to root out such underworld activity.

Defense Offered

The NGCB ordered New Star casino’s operators — Brent Mackie and Kenneth Henton — to appear at a hearing to show cause why their gambling license should be maintained.

At the proceeding — during which MacDougall, Galster and numerous other people testified — New Star’s defense attorney, Thomas Foley of Las Vegas, denied his clients were guilty and asserted the NGCB had failed to prove the cheating charges. The primary defense was that MacDougall’s findings weren’t credible and, therefore, he wasn’t either. Foley argued MacDougall  had:

• Identified one of the allegedly cheating dealers by physical description but that man hadn’t worked then

• Testified that a certain allegedly cheating dealer was right-handed when in fact the dealer at the time was left-handed

Despite the discrepancies, though, the tax commission pulled Mackie and Henton’s gambling license in July, closing New Star’s casino.

But this isn’t the story’s end. Check back next Wednesday for the finale.

Sources