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How Do Illegal Gambling Machines Work

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Sports betting is illegal throughout most of the United States, common throughout much of Europe, and an everyday part of the gambling industry in Nevada. It's difficult to figure out how much money is bet on sports in the United States since the majority of it is done illegally, but experts estimate a 'handle' of more than $200 billion. The very few times in gambling history when someone found slot secrets and hacks to win every time they played, they didn't do it because they found 'a system' to win at slots every time or because they knew how to pick a winning slot machine. They used illegal slots hacks or exploited faulty machines to win money. And that's illegal. Prevention measures in many countries require all transactions over a specified amount ($10,000 in the U.S.) to be reported by banks, credit card companies, insurance companies, and similar. Wire Wager Act makes it illegal to use an electronic wire method (which courts generally agree includes the Internet) to transmit bets to places where gambling is not allowed. So a casino set up in the Netherlands is breaking U.S. Law if a player in the U.S. Plays their games.

Possession of gambling devices, e.g. Slot machines, illegal. Other Kinds of Gambling-Related Activities Allowed or Banned: Possession of gambling records, promoting gambling, bookmaking, illegal. Social gambling permitted as long as not committed in a hotel, motel, bar, nightclub, or any business establishment or public place.

If you want to make your local corner store owner really nervous, try asking them this question – 'How do those gaming machines work?' When I asked the owner of a store that I frequent, I got a very nervous 'Why do you ask?' in response. It seems almost every independently run convenience store I go in has a small bank of video gaming (gambling) machines, also known as eight-liners, tucked away somewhere in the store. I got curious about all these machines and thought I'd write a post to share what I found out. This is an abnormal post for this site but falls under the 'Dad is Learning' philosophy of living.

A BIG Loophole

Types

Laws on video gaming machines vary from state to state. Texas is surrounded by states that allow gambling, leading to a high number of attempts to circumvent laws against gambling in Texas. Section §47 of the Texas Penal Code defines gambling but in §47.01(4) you will find the provision that has been litigated for over a decade that excludes 'gambling devices' that are defined as 'any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona-fide amusement purposes if the contrivance rewards the player exclusively with non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less.' This is often referred to as the 'fuzzy animal' defense, derived from the claw games you see in restaurants and elsewhere.

How Do Illegal Gambling Machines Work

The loopholes in the law are numerous. The Dickinson County Police have posted an advisement from the Galveston County District Attorney's office about this matter. Here are a few noted exceptions quoted from that site:

  • Regarding the 'charitable sweepstakes' issue: Typically this is done by some type of an association being made with the charity group by the owner of the 8-liners. The players put their money into the machine as a 'donation' and you are allowed to play the game for free. At the end of the day the Charity may pay the owner of the machines $.90 out of every $1.00 collected. This is not an exception to the law.
  • The use of 'door prizes' to attract customers is presumed to be legal, provided the players are not given additional entries into the door prize drawing based on the number of credits they win on a game or device.
  • The following could result in prosecution – Any award of non-cash merchandise prizes, toys, or novelties that have a wholesale value available from a single play of the game or device of more than 10 times the amount charged to play the game or device once, or $5.00, whichever is less. The accumulation or stacking of credits/tickets toward the purchase of more valuable prizes will be considered to be a violation of the law if the accumulated credits exceed the maximum value for a prize which can be awarded from the machine as noted above. The wholesale value of the prize, not the ticket, available from a single play, must be no more than 10 times the amount charged to play or $5.00, whichever is less.

The Difficulty of Enforcement

Gathering enough evidence to prosecute illegal gaming operations costs thousands of dollars and numerous man hours in already stretched thin police departments and district attorney offices. The machines are fairly portable and can be removed by simply unplugging them and wheeling them away on a dolly. Operations have been known to shut down and move overnight when there is suspicion of investigation. Due to the high volume of money involved, a few police officers have also been bribed to tip off the owners of illegal operations as occurred in Tarrant County in 2008.

The Meadowbrook Shopper, a neighborhood publication in Fort Worth, featured an interview with Tarrant County Sheriff Dee Anderson in the January 24, 2013 edition where he spoke about eight-liners in Fort Worth. Anderson said, 'The machines have almost been eradicated in the county. At one time, we would have thousands of them in storage. Now, thanks to civil forfeiture through the Justice of the Peace Courts, we can seize them and have them destroyed within two weeks. Unfortunately, we've been so successful the machines are moving into smaller cities.'

Many may not have issue with the morality of the machines but call authorities when a loved one loses large amounts of money to unregulated gaming machines. Anderson said, 'More-and-more we will get calls from concerned relatives when their parents, or older relatives on fixed incomes, get scammed out of all their money involving eight-liners. Believe me, it's a big problem. There are usually drugs associated with these operations. It's not uncommon for us to seize 20-40 thousand dollars after raiding just one small operation.'

Illegal gaming operations are also an easy target for criminals. There is typically a large amount of cash involved and operators won't contact the police due to the illegal nature of their activities. This Star-Telegram article from 2013 details a Fort Worth man who was ambushed, robbed, and murdered in September 2013 outside of an illegal gaming operation.

Why Was I Curious?

As I mentioned at the beginning of this post, I frequent two convenience stores that have a few of these machines. Let me be clear…I don't play. These aren't the illegal gambling dens that involve so much of the trouble documented in this post, but they are quite possibly operating in a grey area of the law. One store is close to my office and every time I have been in that location there is at least one person settled in and poking away at a machine. As several articles report, it is quite often people on a fixed-income, the unemployed, or the elderly who play on these machines.

Illegal Gambling Machines In Missouri

A screenshot of the completed auction listings for the gaming machines.

My curiosity was also peaked by an auction on LonestartAuctioneers.com this week. I follow the site regularly as part of my side hustle but was surprised to see gaming machines being auctioned off by the Texas Facilities Commission. I wasn't familiar with this agency, but part of their responsibility is the oversight of surplus property programs. The machines in the auction went for an average selling price of $300 to $400, plus 10% buyers premium. The 31 machines in the auction fetched a total of $8,540 plus buyers premium.

I follow the opinion of most financial advisers, who believe gambling in it's various forms is a tax on the poor and people who can't do math. Dave Ramsey offers up great insight on the matter of gambling in 'Gambling Offers False Hope.' There is a reason the big casino across the border builds a new hotel building every year. And there is a reason individuals are willing to risk a $4,000 fine and maximum sentence of a year in jail for running illegal gaming machines. Gambling is a sure-fire money maker for the owner.

The main difference between legal and illegal gambling is that legal gambling is monitored by government inspections agencies. But more people gamble because it is legal, and although the government collects taxes on jackpots, Indian casinos and lotteries, the system is highly subject to fraud.

Gambling online is illegal (federally), but this doesn't stop people from doing it. And even though the Organized Crime Section of the Department of Justice found that 'the rate of illegal gambling in those states which have some legalized form of gambling was three times as high as those states where there was not a legalized form of gambling,' we still believe that gambling is a drain to society. Here are our Top 5 reasons why.

Reasons why gambling should be illegal

Illegal

1. Gambling is subject to fraud.

How Do Illegal Gambling Machines Work

Legalized gambling, specifically Indian gaming, is the fastest growing industry in the world, and can have a corrupting influence on state government. The governments are addicted to the revenue received from Indian gaming and lotteries. Recently there have been numerous news reports of corruption and fraud in state lotteries.

2. Availability of gambling facilities increases risk of problem gambling.

Legalized gambling makes this activity available to too many people. Governments and casinos portray this as a harmless form of entertainment. Because of the availability of legalized gambling, it is more addictive and destructive than most other addictions.

Furthermore, most citizens would not gamble illegally. Legalized gambling, therefore, entices people to gamble, who normally would not gamble at all. In states with different numbers of games, participation rates increase steadily and sharply as the number of legal types of gambling increases. In fact, legalized gambling in various states has not been a competitor to, but rather has become a stimulator of illegal gambling.

The public is assured they have the potential to win a huge jackpot. All that is required is to drive to the casino or purchase a lottery ticket. Because of the availability of gambling, many gamblers become addicted and compulsive. Interested in how to quit gambling? Read more here.

How Do Illegal Gambling Machines Work

Laws on video gaming machines vary from state to state. Texas is surrounded by states that allow gambling, leading to a high number of attempts to circumvent laws against gambling in Texas. Section §47 of the Texas Penal Code defines gambling but in §47.01(4) you will find the provision that has been litigated for over a decade that excludes 'gambling devices' that are defined as 'any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona-fide amusement purposes if the contrivance rewards the player exclusively with non-cash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less.' This is often referred to as the 'fuzzy animal' defense, derived from the claw games you see in restaurants and elsewhere.

The loopholes in the law are numerous. The Dickinson County Police have posted an advisement from the Galveston County District Attorney's office about this matter. Here are a few noted exceptions quoted from that site:

  • Regarding the 'charitable sweepstakes' issue: Typically this is done by some type of an association being made with the charity group by the owner of the 8-liners. The players put their money into the machine as a 'donation' and you are allowed to play the game for free. At the end of the day the Charity may pay the owner of the machines $.90 out of every $1.00 collected. This is not an exception to the law.
  • The use of 'door prizes' to attract customers is presumed to be legal, provided the players are not given additional entries into the door prize drawing based on the number of credits they win on a game or device.
  • The following could result in prosecution – Any award of non-cash merchandise prizes, toys, or novelties that have a wholesale value available from a single play of the game or device of more than 10 times the amount charged to play the game or device once, or $5.00, whichever is less. The accumulation or stacking of credits/tickets toward the purchase of more valuable prizes will be considered to be a violation of the law if the accumulated credits exceed the maximum value for a prize which can be awarded from the machine as noted above. The wholesale value of the prize, not the ticket, available from a single play, must be no more than 10 times the amount charged to play or $5.00, whichever is less.

The Difficulty of Enforcement

Gathering enough evidence to prosecute illegal gaming operations costs thousands of dollars and numerous man hours in already stretched thin police departments and district attorney offices. The machines are fairly portable and can be removed by simply unplugging them and wheeling them away on a dolly. Operations have been known to shut down and move overnight when there is suspicion of investigation. Due to the high volume of money involved, a few police officers have also been bribed to tip off the owners of illegal operations as occurred in Tarrant County in 2008.

The Meadowbrook Shopper, a neighborhood publication in Fort Worth, featured an interview with Tarrant County Sheriff Dee Anderson in the January 24, 2013 edition where he spoke about eight-liners in Fort Worth. Anderson said, 'The machines have almost been eradicated in the county. At one time, we would have thousands of them in storage. Now, thanks to civil forfeiture through the Justice of the Peace Courts, we can seize them and have them destroyed within two weeks. Unfortunately, we've been so successful the machines are moving into smaller cities.'

Many may not have issue with the morality of the machines but call authorities when a loved one loses large amounts of money to unregulated gaming machines. Anderson said, 'More-and-more we will get calls from concerned relatives when their parents, or older relatives on fixed incomes, get scammed out of all their money involving eight-liners. Believe me, it's a big problem. There are usually drugs associated with these operations. It's not uncommon for us to seize 20-40 thousand dollars after raiding just one small operation.'

Illegal gaming operations are also an easy target for criminals. There is typically a large amount of cash involved and operators won't contact the police due to the illegal nature of their activities. This Star-Telegram article from 2013 details a Fort Worth man who was ambushed, robbed, and murdered in September 2013 outside of an illegal gaming operation.

Why Was I Curious?

As I mentioned at the beginning of this post, I frequent two convenience stores that have a few of these machines. Let me be clear…I don't play. These aren't the illegal gambling dens that involve so much of the trouble documented in this post, but they are quite possibly operating in a grey area of the law. One store is close to my office and every time I have been in that location there is at least one person settled in and poking away at a machine. As several articles report, it is quite often people on a fixed-income, the unemployed, or the elderly who play on these machines.

Illegal Gambling Machines In Missouri

A screenshot of the completed auction listings for the gaming machines.

My curiosity was also peaked by an auction on LonestartAuctioneers.com this week. I follow the site regularly as part of my side hustle but was surprised to see gaming machines being auctioned off by the Texas Facilities Commission. I wasn't familiar with this agency, but part of their responsibility is the oversight of surplus property programs. The machines in the auction went for an average selling price of $300 to $400, plus 10% buyers premium. The 31 machines in the auction fetched a total of $8,540 plus buyers premium.

I follow the opinion of most financial advisers, who believe gambling in it's various forms is a tax on the poor and people who can't do math. Dave Ramsey offers up great insight on the matter of gambling in 'Gambling Offers False Hope.' There is a reason the big casino across the border builds a new hotel building every year. And there is a reason individuals are willing to risk a $4,000 fine and maximum sentence of a year in jail for running illegal gaming machines. Gambling is a sure-fire money maker for the owner.

The main difference between legal and illegal gambling is that legal gambling is monitored by government inspections agencies. But more people gamble because it is legal, and although the government collects taxes on jackpots, Indian casinos and lotteries, the system is highly subject to fraud.

Gambling online is illegal (federally), but this doesn't stop people from doing it. And even though the Organized Crime Section of the Department of Justice found that 'the rate of illegal gambling in those states which have some legalized form of gambling was three times as high as those states where there was not a legalized form of gambling,' we still believe that gambling is a drain to society. Here are our Top 5 reasons why.

Reasons why gambling should be illegal

1. Gambling is subject to fraud.

Legalized gambling, specifically Indian gaming, is the fastest growing industry in the world, and can have a corrupting influence on state government. The governments are addicted to the revenue received from Indian gaming and lotteries. Recently there have been numerous news reports of corruption and fraud in state lotteries.

2. Availability of gambling facilities increases risk of problem gambling.

Legalized gambling makes this activity available to too many people. Governments and casinos portray this as a harmless form of entertainment. Because of the availability of legalized gambling, it is more addictive and destructive than most other addictions.

Furthermore, most citizens would not gamble illegally. Legalized gambling, therefore, entices people to gamble, who normally would not gamble at all. In states with different numbers of games, participation rates increase steadily and sharply as the number of legal types of gambling increases. In fact, legalized gambling in various states has not been a competitor to, but rather has become a stimulator of illegal gambling.

The public is assured they have the potential to win a huge jackpot. All that is required is to drive to the casino or purchase a lottery ticket. Because of the availability of gambling, many gamblers become addicted and compulsive. Interested in how to quit gambling? Read more here.

3. Problem gambling costs society billions annually.

The social costs of gambling addictions will eventually impact careers, physical and mental health issues, bankruptcy, divorce, crimes, and treatment. The gamblers will eventually rely on welfare or unemployment benefits, impacting the government, and the costs could reach several billions of dollars per year.

4. Gambling exploits the poor.

Evidence shows that legalized gambling often hurts and even destroys, especially those who are poor and disadvantaged. If gambling were illegal, the gambling venues would not be able to promote their lotteries, casinos, or other forms of betting and exploit people who are most vulnerable.

5. Gambling sets a double standard for governments.

State lotteries are argueably an effective way to raise taxes. Legalized gambling is a disturbing governmental policy. Governments should promote desirable qualities in the citizens and not seduce them to gamble in state-sponsored vice. When this occurs, the government contributes to the corruption of society.

Legalized gambling is a bad social policy. At a time when independent organizations estimate that there are at least 12 million compulsive gamblers, it does not make a lot of sense to have the state promoting gambling. State sponsorship of gambling makes it harder, for the compulsive gambler to reform.

Compulsive gambling costs

In addition to the above reasons for making gambling illegals, are the economic costs that gamblers themselves incur. The average compulsive gambler has debts exceeding $80,000. Additionally, compulsive gamblers affect the lives of family, friends, and business associates. Some of the consequences of gambling include marital disharmony, divorce, child abuse, substance abuse, and suicide attempts. Other social costs surface because of family neglect, embezzlement, theft, and involvement in organized crime.

Crossing our fingers or wishing on a star will not guarantee a win. The only guarantee is, if a person is a compulsive gambler and continues to gamble, the end result is prison, insanity, or death. Whether gambling is legal or illegal, there will always be gamblers. Wanna bet?

Why Should Gambling Be Illegal

Reference sources: Probe [dot] org

How Do Illegal Gambling Machines Work Without

Marilyn Lancelot is a recovering alcoholic and compulsive gambler with twenty years of recovery. She has authored three books, Gripped by Gambling , Detour, and Switching Addictions. She also publishes a newsletter on-line, Women Helping Women for recovery from gambling. This newsletter has been published for more than 10 years and is read by women and men around the world.




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