CA Pachislo Owers facing Charges

[H20Dreams]

Slot owners facing charges



By SUSAN HERENDEEN
BEE STAFF WRITER

The owners of Valley Vegas Nites, a Riverbank company that rents casino-style equipment to nonprofit groups around the region, must defend themselves in court.
The Stanislaus County district attorney's office recently charged company owners with multiple counts of possessing slot machines, all misdemeanors.
The charges came after the state Department of Justice confiscated 62 pachislo-style slot machines from a Salida storage locker this spring.
According to authorities, it is legal to provide equipment — such as craps tables, roulette wheels and poker paraphernalia — to groups that raise money by hosting casino nights.
The fund-raisers themselves, though common, are not against the law. And only tribal casinos or licensed manufacturers may possess slot machines.
Marty Horan, a special agent in charge of compliance and enforcement in the justice department's Division of Gambling Control, said the case against Valley Vegas Nites is related to a crackdown on casino nights.
Last fall, state officials contacted nonprofit groups around the state to warn them that they may not host casino nights or blackjack tournaments, no matter how worthy their cause.
In the process, the California Gambling Control Commission noticed that Valley Vegas Nites rents slot machines in addition to gaming tables and other equipment.
The commission said owner Donna Maddern must be a licensed manufacturer or distributor in order to possess slot machines, even though pachislo-style machines use tokens rather than coins.
According to Horan, Maddern did not heed that warning.
Maddern continued to advertise pachislo-style slot machines on her company's Web site. When an undercover agent called to inquire months later, the machines were available for rental, so special agents came calling.
Defense attorney slams investigation
State investigators sent their findings to local prosecutors, who filed charges against Maddern, 54, Benjamin Peter Maddern, 64, and Benjamin David Maddern, 23. Donna and Benjamin Peter Maddern are married.
Each of the Madderns faces 62 counts of possession of slot machines and 62counts of commercial possession of slot machines. Each count carries a fine of up to $1,000 and up to six months in jail if convicted.
Donna Maddern referred calls to her attorney.
"We have an insane attorney general," she said. "That's all I can tell you."
Defense attorney Ramon Magaña said pachislo-style machines are not illegal slot machines because spinning wheels do not stop until the player hits a button, making it a game of skill, rather than luck.
He also criticized the justice department's investigation, because a warrant approved a search of Maddern's home in Riverbank, not the Salida storage locker where the slot machines were discovered.
Magaña said the search warrant improperly ordered Donna Maddern to direct the authorities to any locations where she kept slot machines, a violation of her right to remain silent or consult with an attorney before talking to the authorities.
The court will take up a defense motion to suppress the search warrant on Nov. 16.
"The case will be thrown out," Magaña predicted.
Debate continues over casino nights
Horan said pachislo-style slot machines are illegal in California, just like slot machines that take money and pay out based on the luck of the draw. He said the confiscated slot machines will be destroyed.
In the meantime, casino-style fund-raisers are a subject of debate in the state Legislature.
The Senate and the Assembly recently approved a bill that would allow nonprofit groups to hold one casino-style fund-raiser each year. The bill is awaiting the governor's signature.
Horan said television coverage of poker tournaments has increased the popularity of gambling-inspired fund-raisers, in which participants pay a flat fee for gaming chips or play money, then use their winnings to purchase prizes that are auctioned off by sponsors.
He said most people don't know that casino nights are illegal.
He wasn't surprised to hear that two local law enforcement groups — the Widows and Orphans of Modesto Fire Fighters and the Police Athletic League of Turlock — sponsored casino nights this spring.
Both groups said the events were a success. "Those events are, in fact, illegal," Horan said.

[slotter]

You just have to "love" the politicians and the laws they make. And, the district attorney must be trying to make a name for himself on the back of these people. 62 counts (one for each machine...) hmmm... 31 years in jail. YEAH, that'll teach 'em! Better get these criminals off the street and behind bars.

[tornadoclaw]

Based on the information, I have to agree with the defense attorney regarding the search warrant. A search warrant limits the scope of a search to protect the suspects 4th amendment rights to unreasonable search and seizures. A warrant for someone's home would not authorize a search for an offsite storage locker. This means that the search was bad and therefore the case will be thrown out (assuming the facts are accurate).

However, that said, California is a state like the recent Washington state case, wherein Pachis are illegal. Quoting from Stealth's website (again!): "We believe there is a concern over the legalities of these machines in the States of Colorado, California, Washington, Idaho, Louisiana, Montana, North Dakota and Oregon. Until there is a clarification of the laws, we will no longer ship to these States."

So even if they win the case, the mere possession of pachis in California could subject them to further legal troubles down the road. Morale of the story, watch your back pachi members in any of the above states.

[slotter]

Well, CA is rapidly turning into a state with WAY too many laws. Check out this little tidbit from today:

CA: Senate votes to ban smoking in cars carrying young kidsap on Riverside Press Enterprise ^ | 8/28/06 | Steve Lawrence - ap



SACRAMENTO
Californians who smoke in motor vehicles carrying young children could be slapped with $100 fines under a bill approved Monday by the state Senate.

But a measure to force automakers to produce more lower-polluting, alternative-fuel vehicles fell four votes short of passing.

The smoking ban, in a bill by Assemblyman Paul Koretz, D-West Hollywood, would cover vehicles carrying children who were required to ride in a child safety seat.

Under current law, that would be children who were younger than 6 or who weighed less than 60 pounds. But a bill on the governor's desk would require children younger than 8 years to ride in child seats unless they were at least 4-foot-9.

Sen. Deborah Ortiz, D-Sacramento, said the Koretz bill was an attempt to "protect the health of children who cannot protect themselves."

"We all know that secondhand smoke is hazardous," she said, particularly for young children whose lungs are still developing. "Children are effectively smoking a pack and a half a day for every hour they are exposed to smoke in a car."

[Tulsa]

I know it's only a pipe dream. At some point, you would think common sense will take over and all these laws against these machines would be eliminated.

[johntofva]

I know it's only a pipe dream. At some point, you would think common sense will take over and all these laws against these machines would be eliminated.

One could only hope with the growing popularity that it will change.

[slothappy144]

Either way the company loses 62 machines, even if the case is thrown out. Ouch.

[Tony Junior]

And the idiot politicians will destroy them!

Gawd, what a waste! Unless it's thrown out, which I really doubt will happen. :17:

[slothappy144]

if they dismiss the case. they might return the machines then turn around and re confiscate them because it is illegal to posess them in the state.

[H20Dreams]

I would be great if the Judge did find them legal due to token in/ token out...

Just a wish

[Tulsa]

Well they ought to let them try and sell them first instead of just destroying them. That's just pure evil.

[slothappy144]

they would be considered illegal contraban and destroyed as such.