Colorado Casino Sued by Blackjack Card Counter Following Illegal Detainment

Article by : Erik Gibbs Oct 8, 2023

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A Georgia blackjack player has initiated a federal lawsuit in Colorado, alleging unlawful detention for a perfectly legal activity: card counting at a casino.

Joseph Shiraef described his experience at Ameristar Casino in Black Hawk on October 19, 2021, as one of the most bizarre encounters of his life.

Shiraef was down $4,000 when a floor manager insisted on examining his identification despite having approximately $1,800 in chips to cash out.

The manager refused to permit the cash-out unless Shiraef surrendered his driver’s license. Video footage revealed that Shiraef was already wearing a wristband, proving his age.

Suspecting that the manager aimed to input his identity into a casino database to track card counters, Shiraef noted that sharing such information with other casinos falls into a legal grey area.

Although card counting is legal, casinos retain the right to eject individuals they suspect of card counting and may even block such players.

Shiraef, in a rush to catch a flight at Denver International Airport, decided to leave, hoping to cash in his chips later.

However, as he was leaving a parking garage, a Colorado Gaming Commission agent halted him, stating that they had been contacted by Ameristar Casino and demanded Shiraef’s driver’s license.

In the ensuing encounter, the agent, Joseph Nguyen, cautioned Shiraef about the potential for a warrant for his arrest if video footage showed any cheating or card counting.

Shiraef was incredulous and asked if counting cards could lead to an arrest, to which Nguyen asserted that it constituted illegal and fraudulent activity in Colorado.

Shiraef subsequently contacted Black Hawk Police Patrol Sgt. Stephanie Whitman verified her status as a police officer and affirmed witnessing the interaction.

Eventually, Shiraef was allowed to leave but missed his flight due to the detainment.

Card counting with one’s “own mental acuity” is legal in Colorado, as confirmed by a spokesperson for the Department of Revenue. However, using external aids or assistance is not permissible.

Shiraef filed a federal lawsuit for unlawful detainment, naming Ameristar Casino Black Hawk, Gaming and Leisure Properties (the casino’s parent company), Nguyen, the City of Black Hawk and Whitman as defendants.

A federal judge dismissed several claims against Ameristar’s parent company, the City of Black Hawk and Whitman, but allowed some claims to proceed against the casino itself and Nguyen, who no longer works for the Department of Revenue.

Shiraef’s attorney sought reconsideration of the dismissals, which a different judge dismissed.

Both the City of Black Hawk and Ameristar Casino declined to comment. The Colorado Department of Revenue explained that its agent was conducting due diligence to ensure compliance with Colorado regulations and statutes.

Shiraef is seeking approximately $3 million in damages, having earned approximately $300,000 over the last four years while card counting at casinos.