Casino Refuses to pay out $1.6 million Jackpot

[dirty]

Jackpot or Mistake? Man Sues Over $1.6M 'Jackpot'

New Mexico Indian Casino Says Slot Machine Malfunctioned; Refuses to Pay

By JIM AVILA, BETH TRIBOLET, DONNA CHOI and SCOTT MICHELS
ABC News Law & Justice Unit

Oct. 25, 2007—

For about an hour last August, Gary Hoffman was a very lucky man.
Hoffman was playing the nickel slot machines at the Sandia Resort and Casino on an Indian reservation in New Mexico when he appeared to hit the jackpot: the machine said he won nearly $1.6 million.
"I became ecstatic," he said.
But the ecstasy was short-lived. Hoffman says in a lawsuit filed earlier this year that Sandia refused to pay, claiming that the machine malfunctioned. Instead, he said, they gave him about $385 and a few free meals at the casino.
"I won money, fair and square, and I've been cheated out of my winnings," Hoffman told ABC News.
The casino says it's not responsible for what it describes as a computer error and says it offered Hoffman the maximum payout of $2,500 for that particular slot machine. But, a jury may never decide who is right. Lawyers told ABC News that gamblers like Hoffman may have little legal recourse against Native American casinos, which sometimes operate beyond the reach of U.S. courts.

'I Was a Winner'

Hoffman, a retired Albuquerque city employee, was playing a "Mystical Mermaid" slot machine on the morning of Aug. 16, 2006, when he thought he hit it big.
The nickel slot said he'd won $1,597,244.10. Patrons and casino employees came to congratulate him. He even got a marriage proposal, Hoffman said. But, soon he was asked to come to an executive conference room, where he says he was told the casino refused to pay.
A casino employee "became quite intimidating with me, pointed his finger in my face and said, 'You didn't win. We're not paying you any money. Do you understand what I'm telling you? You're not getting any money,'" Hoffman said.
A technician from the slot machine manufacturer arrived at the casino within the hour and the casino cordoned off the machine.
"I was a winner and I walked out empty handed," Hoffman said.
Computer Malfunction
A technical report said the slot machine's computer malfunctioned, and incorrectly made it appear as if Hoffman won more than the machine is able to pay out. The slot machine has a disclaimer that says it pays a maximum of $2,500 and warns that malfunctions void all winnings, said Paul Bardacke, Sandia's lawyer.
The technical report, prepared for the casino by Gaming Laboratories International, showed that the machine's memory malfunctioned, causing the slot to treat a losing spin as a winner -- what the report called an "erroneous jackpot." The machine manufacturer, International Gaming Technology, blamed the problem on a software program.
Bardacke said Sandia offered Hoffman the maximum payout of $2,500.
"If he had gone into a bank and deposited $1,000 and got back a deposit slip that said a million dollars, he doesn't get to keep the balance," said Bardacke. "It doesn't work that way."
"He knew it was wrong; he knew it was incorrect," Bardacke said of the "jackpot." "That's why he took a picture of it immediately."
Hoffman appealed through the tribe's internal review process but lost. Then he took the casino to court.
Jeremy Kleiman, the vice chairman of the commercial gaming subcommittee of the American Bar Association, said that courts normally look at the player's expectations when deciding disputes about gambling.
"The information seemed to indicate this was a stand alone slot machine with a maximum payout of $2,500," he said. "So when you sit down your expectation is to win no more than $2,500. This is not a fraud situation where a carrot was fraudulently dangled in front of a customer's face."
Hoffman contends that the machine went into bonus play, which he said would have given him amplified winnings. The GLI report, however, says that the machine was already going haywire when it went into the bonus rounds, and the casino maintains the maximum jackpot was $2,500.
Sovereign Immunity
Regardless, a jury may never get chance to hear Hoffman's case. Native American tribes, as independent nations, have their own court systems and can be sued in state courts only under limited circumstances. New Mexico law generally does not allow tribes to be sued in a state court over a contract dispute, Kleiman said.
Hoffman's lawyers say they should be able to sue the tribe over what they call big business. "They spent millions of dollars getting these customers, these gamblers, to come in and gamble money, then when someone hits it big, they say, 'Sorry, we are not going to pay you," said Hoffman's lawyer, Sam Bregman. "The jury is going to be outraged by that."
If the case does make it into court, expect more wrangling over who is ultimately responsible for the malfunction. GLI, hired by the casino to test the slot machine, said that the jackpot was caused by a problem with the machine's memory.
A spokesman for International Gaming Technology blamed a separate software program for the mix-up -- something GLI's technicians say is not possible.
As for Hoffman, Sandia officials say he has visited the casino more than 70 times in the first six months of 2007, a claim Hoffman did not dispute.
Cases like Hoffman's may still be bad for business, gambling experts say. "The players have to have an enormous amount of trust in the casino and in the slot machine," said slot machine expert John Robison.
"The player cannot go inside and look at that random number generator and figure out what really happened on the machine," he said. "If the machine tells you you won, well then I think you've won."
With reporting by Mary Kate Burke and Sarah Calvert

Copyright © 2007 ABC News Internet Ventures






ABC News: Man Sues Casino over $1.6 Million 'Jackpot'

[The Devil]

IF HE IS LUCKY HE WILL GET THE $2,500 OFFER AGAIN.......HE HAS NO SHOT OF WINNING THIS......

[Ball Rash]

there are soooo many jokes I can post right about now but I think I'll hold back

[rayray]

yeah, we have seen this issue a dozen times this yr. the player never wins. the guy should be advised to take the 2500, or hope they offer it again. not sure how he expects to get 1.6 mil when the max payout is 2500...

[Cobbler]

He'll sue and settle for a lot more than $2,500; no one is going to want this hanging over their heads even if it is an Indian casino.

[Hache Man]

After I put a $100 bill into a slot machine & lose it in 2 minutes betting max bets, I could claim that putting the bill into the machine was a "Mistake" & only meant to put a $20 bill in.


It's BS he should be paid.....

[Shortbus]

I'm not sure he deserves the 1.6 million, HOWEVER...

wouldn't he be able to sue for emotional damage and all that kind of stuff?

I mean, if the machine says you won 1.6 million, I'm pretty sure you just forget about the 2500 and you at least THINK you won 1.6 million.

Those machines are so confusing these days, especially the nickel slots, with their 8 million paylines...

The casino, however accidental, at least made him THINK he won the money, especially with employees coming to congratulate him...and then of course you have the complete letdown of being taken into a room and informed you aren't getting the money. Add to that any kind of intimidation or attitude or pressure from the casino staff there, and seems like you'd be able to successfully sue for damages.

I mean, in this day and age, with people suing for any tiny little thing, I'd think that would be a sure thing...

[PO69]

I am sure that he knew that it was mistake. The maximum payout was $2500 and it is posted on the machine apparently. The winner does not dispute that fact from another article that I read.


He should be HOPEFUL to get $10,000 out of this deal. I will say that he is due at least the $2500,but not more than $20,000

[WildBill]

Zero chance he gets the jackpot. Mistakes happen all the time for machines and people always sue for it. If a bank accidently transfers a million into your account and then takes it out a day later when it recognizes its mistake, would you win a court case based on the idea that you deserve to get your million dollars?

[gopherbob]

Sovereign Immunity is what they claim when you fall off of a stool and break your leg or get food poisoning at an indian casino. but when my nephew wrote them a bad check, they threatened to prosecute through state law, that Sovereign Immunity stuff was never mentioned.

[wideopen21]

Originally Posted by WildBill

Zero chance he gets the jackpot. Mistakes happen all the time for machines and people always sue for it. If a bank accidently transfers a million into your account and then takes it out a day later when it recognizes its mistake, would you win a court case based on the idea that you deserve to get your million dollars?

aside from basically copying and pasting the example used in the article, you (and they) are making an atrocious comparison. If you deposit 100 into your bank and get credited for 1,000,000 then its pretty safe to assume that the 1 million is not yours.

However, in this situation the guy puts money into the machine and the machine says that he WON 1 million. Do we know that the guy was aware that the max payout was 2,500? If you can't see the difference, i don't know what to tell you.

The problem he will have is getting this to a jury in the first place. These indian tribes are pretty much immune from these types of suits. At least the bad press from something like this will do some damage to their bottom line.

[Chuck Luck]

Originally Posted by Shortbus

I'm not sure he deserves the 1.6 million, HOWEVER...

wouldn't he be able to sue for emotional damage and all that kind of stuff?

I mean, if the machine says you won 1.6 million, I'm pretty sure you just forget about the 2500 and you at least THINK you won 1.6 million.

Those machines are so confusing these days, especially the nickel slots, with their 8 million paylines...

The casino, however accidental, at least made him THINK he won the money, especially with employees coming to congratulate him...and then of course you have the complete letdown of being taken into a room and informed you aren't getting the money. Add to that any kind of intimidation or attitude or pressure from the casino staff there, and seems like you'd be able to successfully sue for damages.

I mean, in this day and age, with people suing for any tiny little thing, I'd think that would be a sure thing...

if it said he won 1.6 then he won 1.6. simple.

[pats3peat]

Originally Posted by Hache Man

After I put a $100 bill into a slot machine & lose it in 2 minutes betting max bets, I could claim that putting the bill into the machine was a "Mistake" & only meant to put a $20 bill in.


It's BS he should be paid.....

Yeah
If this casino does not pay the full $1.6 million I will personally go over there and teach them a lesson.

[WildBill]

Originally Posted by wideopen21

aside from basically copying and pasting the example used in the article, you (and they) are making an atrocious comparison. If you deposit 100 into your bank and get credited for 1,000,000 then its pretty safe to assume that the 1 million is not yours.

However, in this situation the guy puts money into the machine and the machine says that he WON 1 million. Do we know that the guy was aware that the max payout was 2,500? If you can't see the difference, i don't know what to tell you.

The problem he will have is getting this to a jury in the first place. These indian tribes are pretty much immune from these types of suits. At least the bad press from something like this will do some damage to their bottom line.

It is not an atrocious comparison. If I went to my bank account and saw money that wasn't rightfully mine the bank could take it back, whether it is a dollar or a million. It is the same thing here, malfunctioning equipment gave out the wrong message. All gaming commissions, whether tribal or state, have pretty simple rules that say all jackpots must be confirmed.

The casino is almost never responsible for jackpots of this size anyways. The slot makers pay the biggest prizes because they withhold a small part of the coin-in from hundreds or thousands of machines daily in order to pay out these machines. If they guy really wanted a chance to win he would sue the maker of the slot machine and whatever slot management system the casino uses.

[waco]

Was it the Knuckle fellow

[The Prophet]

Originally Posted by WildBill

Zero chance he gets the jackpot. Mistakes happen all the time for machines and people always sue for it. If a bank accidently transfers a million into your account and then takes it out a day later when it recognizes its mistake, would you win a court case based on the idea that you deserve to get your million dollars?

HOW COME THESE SLOT MACHINES SEEM ONLY TO HAVE PROBLEMS WHEN THERE HAPPENS TO BE A LARGE PAYOUT INVOLVED?

HOW COME WE NEVER HEAR ABOUT ALL THOSE UNDER-PAYING MACHINES WHICH CASINOS HAVE BEEN USING TO ROB THEIR CLIENTS FOR DECADES?





.

[Ball Rash]

Originally Posted by gopherbob

Sovereign Immunity is what they claim when you fall off of a stool and break your leg or get food poisoning at an indian casino. but when my nephew wrote them a bad check, they threatened to prosecute through state law, that Sovereign Immunity stuff was never mentioned.

Gopher are you related to McIrish and his gang of nephews ?

[Cannon]

Where did this come from?

[Flamingo kid]

Originally Posted by Cannon

Where did this come from?

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