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Question of the Day - 24 June 2019

Q:

My wife and I were just playing blackjack in Colorado. My wife bet $50 (which is a lot for us) in a typical 2-deck game—the dealer had 10 and my wife drew five cards to hit a 17 with which she stayed. The dealer pulled a couple of small cards to also pull a 17. The dealer then pulled my wife’s cards and paid her saying, “Good. You had eighteen”. The dealer moved to the next player, but the pit boss (who was changing decks) pointed out the error and they pulled my wife’s “win” back. My question is: How much leeway does the casino have when they make a mistake at a table game?  I’m sure they will all say something different, but as far as Nevada law is concerned, when are you allowed to keep your money, even if you know the dealer made a mistake?

A:

We first went to the Nevada Gaming Control Board to check on any applicable laws, regulations, or policies. 

Senior Research Analyst Michael Lawton responded, “In Nevada, the casino has the right to correct mispays, especially as they occur. That is part of a supervisor’s job, to catch and correct mistakes (in the house’s or player’s favor). After a mistake is addressed, if there is an unresolved dispute as to alleged winnings or losses or the manner in which a game was conducted, the regulator should be contacted.” 

This is purely common sense and is no doubt the policy in most, if not all, casino jurisdictions: If a mistake is made by a dealer, whether it's in favor of the player or the house, it can and should be corrected, either by the dealer, floor supervisor, surveillance, or player. 

The question today is about casino leeway in correcting mistakes. And here's where it gets interesting.

Practically speaking, the casino has all the leeway it wants when it comes to protecting the money and the integrity of the game. It ranges from the scenario described by the submitter of the question, where the boss was standing there and caught the dealer's miscount while the cards were still on the table, so that there was no question about who won and lost, to surveillance reviewing its tape of a hand played many rounds earlier and determining a mistake was made, then the casino taking its money back from a player, or in rarer instances paying off a player, long after the fact. Some version of this happens all the time.

How far the casino goes in rectifying dealer mistakes has a lot to do with its corporate culture and the amount of money in contention. The real sweat shops will take back bets in the two figures and damn the consequences; they don't care how many players they drive away in their piggishness. Classier joints with an understanding of customer service and loyalty and the immutable workings of the house advantage, aren't averse to letting go of bets in the hundreds lost to dealer misplays. To be sure, they'll have a word or two with the dealer and try to make sure mistakes are limited. But the better places, in our experience, chalk up occasional dealer miscues to the cost of doing business and move on. 

Now, what about when the dealer, floor, or eye doesn't snap to mistakes, especially when bigger bets are at stake. What's the player's responsibility in such situations? 

We dare say most players will keep their mouths shut and take the money. They think: The dealer is the expert trained and overseen by the casino, which also has high-tech surveillance equipment, computers to analyze your play and keep records on you, and tapes for later review. Me, I'm just here to have fun and take away all the winnings I can, not to do their job for them.

Here's another way of looking at that. It's the casino's responsibility to make sure the payouts are correct; it's their business, after all. Similarly, it's the player's responsibility to be paid correctly; if a player is shorted, he or she has to point out the error to get it corrected. Simple enough.

But what if a dealer overpays a player? As we said, most players will probably go with the flow. If a boss appears later to take the money back, there's no reason to argue if you know you were overpaid, and even if you don't, you might not want to go to the effort of making a stink over a single bet. The tape tells the tale, and presumably that's the reason for the imposed correction. In these cases, though, the customer has the right to ask to see the evidence and press the matter, including bringing in Gaming Control, if the casino won't comply. 

Some players, on the other hand, will speak up if the dealer makes a mistake in their favor. They see it in black and white, no different than returning any extra money if a cashier in a store hands back too much change. Their ethics simply won't allow them to walk away with money they know isn't theirs just because a clerk or dealer made a counting mistake.  

Even some advantage players, though they're not at the blackjack table to have fun, but to take money out of the casino, prefer to do so with honesty and integrity, or even just with an eye on the wheel of karma: The blackjack gods will surely take it back in one way or another.

Of course, ethics aren't necessarily black and white. We could argue long and hard about "right" and "wrong" in a situation where the casino offers a game to the public with rules they set, then disallows certain people from playing because they can assign plus and minus values to the cards. Is it ethical if the house takes advantage of the more ignorant?

Then again, do two wrongs make a right? 

And how about certain advanced advantage plays in which a player actually steers a dealer into making payout errors? Is that okay, even in the context of how predatory casinos can be toward their customers? For example, is or isn't that acceptable, given that the casino is handing out free booze in an effort to cloud your judgment? In our store-cashier example, obviously, the supermarket isn't attempting to induce you to make a mistake by plying you with free booze, hoping you'll get drunk and buy $1,000 worth of Fruit Loops.

To summarize, the casino has the right correct mistakes, just like any business, but as usual in the world of gambling, what happens beyond that to rectify misplays constitutes a major gray area.

We look forward to hearing what you all have to say about dealer mistakes. 

 

No part of this answer may be reproduced or utilized in any form or by any means, electronic or mechanical, without the written permission of the publisher.

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Comments

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  • Edward Press Jun-24-2019
    Dealer mistake
    I once played a $25 dollar match play at Foxwoods. I bet the match play with $25 of my own. I drew two aces. I split the two aces and drew a face card on each. The dealer paid me for a blackjack at 3 to 2 on each of the split hands. The $25 dollar match play returned $150 profit. I quietly left the table!!

  • O2bnVegas Jun-24-2019
    I do what I can
    I will point out the mistake either way.  But gently.  Usually "oops I don't think so" does it, all's well.  If questionable, I don't make a scene that might cost the dealer a brownie point, slow down the game, etc. 
    
    Once playing Blackjack Switch the dealer was paying us when he had 22 (a push on Switch, for those who don't play Switch).  Several times.  I would even say "Push" out loud when he had 22, but he didn't seem to notice, kept paying, so I kept quiet.  Hey, I'd done my part, right?  (He was a very quiet dealer, no conversing with players at all, etc.)  Then he went on break.  The first time back from his break he again tried to pay us on 22.  Another player said to him "Isn't twenty-two a push on this game?"  Dealer stopped, appeared to think for a few seconds, then (correctly) took the chips back, saying nothing.  He never said "Oh yeah", "Thanks" or anything else.  Probably wasn't used to dealing Switch.

  • Dave Jun-24-2019
    Casino Ethics
    Why do ethics seem to go out the door, when inside a casino?
    
    I was once in a casino playing alongside a friend who had very strong ethics, particularly about such issues: Occasional LVA QOD answer man, Dan Lubin, RIP.
    
    While we were there together, it happened. A dealer overpaid me. I was about to take the extra chips when I saw Dan looking at me out of the corner of his eye, silently questioning my intentions. He didn't say anything, but he made sure I knew that he knew.
    
    After only a moment or two, I pointed out the error and had the dealer correct it.
    
    Dan then asked me, "You were gonna keep it? Unearned money?"
    
    "Yeah. It's only a couple bucks, and I probably would have just given it back sooner or later anyway."
    
    His reply stopped me cold: "So it's your plan to be a loser?"
    
    Yikes! But he was right. And now, more than two years after I relayed that story at his memorial service, I still think of him when I correct dealer mistakes.
    
    I miss you Dan.

  • Deke Castleman Jun-24-2019
    Dan Lubin
    Thank you, Dave, for that tribute to Dan Lubin. We miss him too, frequently. He wasn't just an occasional LVA contributor (though his QoD answers were ALWAYS spot on); he was also the author of what's probably our most unique book, The Essentials of Casino Game Design. It's bittersweet to start the morning with a remembrance of Dan, but mostly sweet.
    

  • Derbycity123 Jun-24-2019
    2 Stories
    First I was at a craps table on the strip and the dealer told the pit boss he needed to use the bathroom - NOW. So the pit boss had someone fill in while he ran to the bathroom. It was a come out roll and was 12 craps and the fill in dealer just stood there doing nothing. I only had 5 dollars on the pass line but the other six players all has 10 to 200 dollars bet. All the players just kind of looked at each other saying nothing. If it was just my bet I would have said something but since there was others and they had a lot more bet I did not say anything. 
    
    Second - I have a friend that deals at the local river boat. He is always wanting me to play at his table, but do not because I feel odd playing at his table. A week ago I get to the boat and he is dealing at a BJ table. He yells at me 'Sit down and play' as he grabs chips and pays a 17 and 18 while having 19. Later I asked him if he would always pay me like that. He thinks than say 'I guess I did pay them, stay away from my table'

  • ClarkKent Jun-24-2019
    Dealer mistakes in players favor
    I’m of two minds on this. If I am the one getting overpaid, I let the dealer know about the mistake. On the other hand, if I see the dealer make a mistake in the favor of another player, I expect that player to speak up and correct the dealer. In a way the action or inaction on my part is to foster good will between me and another person at the table, whether player or dealer.

  • Dave in Seattle. Jun-24-2019
    Add up your total?
    I'm too busy with the running count to add up a 5 card hand. I just let the dealer take or pay me."What did I have?" The dealer can pull the cards back out and double check for you.

  • Bob Orme Jun-24-2019
    Mistakes happen
    I played a lot on the French roulette table at the Paris the first year it was open. The croupiers would place your bets for you. I played often enough that I knew most of them by name, and they knew me as well. Straight up zero was always one of the bets in my regular betting pattern. One night the ball landed on zero, and there was not one of my jetons on the zero. I told the croupiers "I always bet zero." One of them told the pit boss what happened. He also knew me by name. He looked at me, looked at the table, then told a croupier to put one of my jetons on zero and pay me. Those were $5 minimum bets, so pointing out the mistake was a $175.00 swing. The pit boss could have said I should have noticed the mistake before bets were waved off, but he ruled in my favor. Thank you sir!

  • kinosh Jun-24-2019
    It is war!
    My views are rather complex.  I’m a craps player and I pay very close attention, not only to my bets but everyone on my side of the table.  I love the math involved so it’s a part of the enjoyment.  If the dealer underpays, I will say something, whether it’s my bet or someone else’s.  If the dealer overpays, I will keep quiet.  For me, this is war.  The casino wants my money, I want theirs, so I will take advantage at every opportunity.  Unethical?  Maybe, but how does anyone know that I know what just happened?  Or maybe I was wrong to begin with.  On the flip side, I will acknowledge an over- or under-payment at a merchant because the register keeps track of it all.  If the register is short, even to the penny, management will know.  This is not true at a casino.

  • Kevin Lewis Jun-24-2019
    It works both ways
    I do something stupid, the house gets my money or has a greater chance of winning. The house makes a mistake, I get their money or have a greater chance of winning. Someone please explain to me the difference.

  • Kevin Rough Jun-24-2019
    Two hands later
    I was playing pai gow poker at Mohegan Sun Pocono in Pennsylvania.  The pit boss comes up to our table and tells another player at the table that two hands ago the dealer treated his hand as a push when it should have been a loss.  It was caught by the camera.  Guy argued a little but I think he knew and gave the pit boss the $50.

  • Debra Grimes Jun-24-2019
    Dealer mistakes
    I am a casual craps player, and I try to stay on top of my bets, usually eyeballing the payoffs before I pick up the chips. If I notice a mistake in either direction, I'll try to call the dealer's attention to it. As the bets go higher, and the dealer gets busier, though, I eventually give up on anticipating what I should be paid, and just take what's laid before me. However, I do believe in the long run for as often as they've overpaid me, they've also shorted me, so I don't feel guilty if one gets by me. 

  • Eric Forman Jun-24-2019
    Some good deeds get rewarded
    I'd been having a horrible run at a $10 blackjack table. I think it may have been at the Riviera, and I was down about $100. I was the only one at the table and I'd been joking with the dealer and the pit boss chimed in a few times. So one hand comes up, I think I had a six-card 18 or something similar, but it was a losing hand. The dealer said push and I said no, I lost, the house won. He looked at my hand and agreed that I had lost. He called the pit boss over and said something I couldn't hear. The pit boss walked away then when he came back he gave me a $100 restaurant voucher. He said with the run of horrible luck I was having and to still be honest about that hand, I deserved to get something back.

  • Seamans Jun-24-2019
    mistakes
    I have seen the dealer make mistakes. Sometimes I say something sometimes I do not. I speak up if the mistake benefits a player. 

  • Victor Shaw Jun-24-2019
    Part of the job
    I have never considered pointing out an error in my favor.  I cringe thinking about how much money I have made off dealer errors.  I certainly would not want to return it.

  • [email protected] Jun-24-2019
    Always politely
    I'm with Candy, I point out mistakes in my favor or in the casino's favor, but always gently and politely.  Face it, some times I'm wrong - and if so I just smile and thank the dealer for pointing out my mistake.  I always find it's easiest to be gracious.  It's rare that one hand will make or break my session, so if I save the dealer some embarrassment, he or she will likely treat me well, too. 

  • Pat Higgins Jun-24-2019
    Pat H
    A friend of mine was playing a $5 craps game when a BIG player bought in for $10,000. The big player was making wagers of $5 pass line with $500 in max odds.  The dealer got purple chips to make the guys winning bets. My friend was betting $5 pass line with $25 in odds.  In the confusion of a busy table the dealer paid my friend his $5 pas line bet and what appeared to be $30 in odds.  The Purple chips and green had some of the same colors and he put a purple chips under his $5 red odds winning bet.  My friend picked his win and the game continued.  He noticed nothing.  About 4 players later he noticed the purple chip in his rack.  Knowing the dealer might be fired for the mistake,as well as knowing it would come up when he colored up as he was a low dollar player, he slipped the purple in his pocket.  He later colored up, headed to the cashier where he got good old portraits of Ben Franklin.   

  • Roy Furukawa Jun-24-2019
    Questionable Ethics?
    I tend to be ethical in dealings, but in a casino I see all the tricks the casino plays to get your money(6-5 BJ, AHEM!). So the moral dilemma to me is if I point out a mistake the dealer made in my favor after-the-fact, isn't that also pointing out the dealer made a mistake to his boss, so what is really the best thing to do? Keep my mouth shut so the dealer keeps his job. Of course I will point out any mistake in their favor though. ;) 

  • Jun-24-2019
    It's not simple
    I used to just always be honest & speak up whether a mistake was made either in my favor or against me. But one of the commenters has made me rethink this: Should we point out when the dealer makes a mistake that hurts the casino if the casino isn't going to point out when we make a mistake that hurts us? Now I'm not so sure & I'm doubting it. E.g., if you are playing Pai Gow Poker & you don't realize you are forming your 2 hands "illegally" and will automatically lose, does the casino (dealer or pit boss) tell you you've made a mistake that will make you lose? Nope. They'll just announce that you lost, and why, and then take your money. Another situation: In a couple instances, I'm sure that the dealer either overpaid me, or paid me as a winner when I actually lost, because they liked me; i.e., it was intentional, not accidental. I would consider it to be a horrendously inappropriate & thankless slap in the face to point out their error & possibly get them fired.

  • IdahoPat Jul-02-2019
    Two trains of thought ...
    1. If it's a mistake that benefits the table, and my pointing it out would adversely affect others at the table, I keep my mouth shut.
    
    2. If I'm heads-up with the dealer, or it's a mistake that benefits only me, I'll point it out. Especially if it's clear that we've got a break-in dealer pitching the cards.