In a recent twist in the unfolding legal conflict involving Joseph Shiraef, an adept card counter hailing from Georgia, and the Ameristar Casino in Black Hawk, a court has discarded a request to reevaluate Shiraef’s case. Initiated in August, the lawsuit accuses Shiraef of being wrongfully held by casino personnel and subsequently confronted by the Colorado Gaming Commission over his lawful card-counting activities.
The court rejected the plea for reconsideration on October 4, signaling a pivotal progression in this legal matter. Legal pundits surmise that this move could hint at a difficult journey for the defense, especially the Ameristar Casino and the former agent of Colorado Gaming Commission, Joseph Nguyen.
At the crux of this issue is a mobile video that Shiraef filmed during the altercation, offered to KDVR, a Fox-affiliated network, as a direct record of the events that unfolded that momentous day. In the footage, Nguyen is found erroneously stating that card counting, which is lawful in Colorado, amounted to a criminal act. This video input has risen as a crucial element in the case, highlighting Shiraef’s allegations of unfair treatment and legal intimidation.
An official from the Department of Revenue indeed verified that card counting is allowed in Colorado as long as players apply their own mental faculties without resorting to any external apparatuses or devices.
Shiraef is demanding nearly $3 million in damages, indicating the financial and emotional impact this incident had on him. Legal observers suggest that the denial of the plea for reconsideration could invigorate Shiraef’s legal representatives, potentially fortifying their case against Ameristar Casino and Nguyen.
Shiraef’s Dispute Over Card Counting Calls Casino’s Actions Into Question
The incident took place in October 2021 when Joseph Shiraef was prevented from encashing his gains due to allegations of card counting. With no laws prohibiting card counting in Colorado, Shiraef alleges an infringement of his Fourth Amendment rights.
In the lawsuit, Joseph Shiraef indicated Ameristar Casino Black Hawk, its holding company Gaming and Leisure Properties, Joseph Nguyen, the City of Black Hawk, and Whitman as defendants in relation to his alleged illegal detention.
However, a federal judge recently approved motions to dismiss allegations against the parent firm of Ameristar, the city, and Whitman. The judge allowed certain allegations to proceed against the casino and Nguyen, who has since severed ties with the Department of Revenue.
Following this, Shiraef’s lawyer put forth a motion imploring the judge to reassess the dismissals and restore claims against all the original parties. This request was also rejected.
Meanwhile, Daniel Carr, a Department of Revenue spokesperson, shared in an electronic communication that the gaming official conducted a meticulous investigation into the episode to ascertain no breaches of Colorado Rules happened after the patron made a quick exit, disregarded ID protocols, and exhibited questionable conduct.
