The state gaming commission declared Thursday that the Encore Boston Harbor casino is complying with rules for payouts on blackjack and slot machines, following a lawsuit that alleged the casino is cheating gamblers.
The suit was filed Monday in Middlesex County Superior Court by New York resident Richard Schuster. It alleged the casino was breaking state rules and cheating gamblers by paying out 6-5 odds, rather than a more generous 3-2 odds.
But at Thursday's Gaming Commission meeting, an investigator for the commission said the blackjack payouts at Encore's Everett casino are consistent with state regulations. He noted that gamblers can see those odds of the game printed on the gaming tables at Encore Boston.
The lawsuit also alleged the casino paid slot winnings only in whole dollars, keeping any change.
"Never ever, did we ever engage in rounding anybody's payout," Encore's president, Bob DeSalvio, told commissioners. "Every single customer gets every dollar and every penny that they have coming due to them."
Redemption machines on the casino floor don't offer coins, which DeSalvio said is common in the industry. DeSalvio said any remaining change is put on a ticket and can be used in a slot machine or redeemed at a cashier window.
Gaming Commission investigators found that the casino could have made the process for redeeming that extra change more clear, and the casino said they've added signage indicating that. The lawsuit also alleged that Encore Boston Harbor was keeping that extra change.
"At no time did we expect any leftover or unused tickets would wind up going to Encore Boston Harbor," DeSalvio said. By law, unclaimed winnings actually go to the state.
In a statement, Joshua Garick, the attorney bringing the case against Encore, said he was shocked that the commission's Investigations and Enforcement Bureau (IEB) presented the case to the commission so quickly, and without contacting his firm or client to discuss the allegations.
"If the Commission’s goal is to ensure gaming in Massachusetts is conducted with integrity, we question why Encore representatives sat with the IEB investigators and participated in the presentation, while we were not contacted or invited to participate in any way," Garick said. "Fortunately, while the Commission has decided not to pursue enforcement action against the Encore, we have the right to do so in a court of law. We look forward to vigorously pursuing this lawsuit in an effort to restore fair and honest blackjack and slot play to the Encore casino."
