Here’s how people who get in trouble with casinos end up in the ‘Black Book’
The process of placing someone on Nevada’s List of Excluded Persons can take months.
But once accomplished, it’s a designation that literally lasts a lifetime.
Here’s how people who get in trouble with casinos land in the “Black Book.”
Factors for consideration
To determine whether a candidate is suitable for exclusion, the Gaming Control Board can consider several factors, including:
A prior state or federal felony conviction.
A crime involving moral turpitude.
A violation of the gaming laws of any state.
Willful evasion of fees or taxes.
A notorious or unsavory reputation that could damage public confidence that the gaming industry is free from criminal or corrupt elements.
The board is forbidden from using race, color, creed, national origin or ancestry, or sex as grounds for placing the name of a person on the list.
Kristi Torgerson, chief of the Gaming Control Board’s Enforcement Division, said the duration of an investigation for a Nevada Excluded Persons nomination can vary depending on the case’s complexity. Some investigations might take months as investigators gather evidence and supporting documentation for all felony convictions.
Board becomes prosecutor
Once the three-member Gaming Control Board gets documentation, it essentially becomes a case prosecutor, with a deputy attorney general presenting the case before the judge and jury — in this case, the five-member Nevada Gaming Commission.
Once the Control Board nominates individuals for exclusion, they are notified that the case is coming before the commission for action.
“Once the board members agree with the investigative findings and choose to proceed with the exclusion process, the attorney general’s office works with our agents to finalize all administrative details,” Torgerson said.
“The AG’s Office also works with Enforcement Division agents to give the candidate proper notice of the proceedings through certified mail or other notification methods.”
The notification process can be the longest part of the action. An individual may be selected for exclusion, but it could take months before the nomination appears on a commission agenda.
Candidates or their legal representatives rarely show up for the commission hearing.
Hearings take 45 minutes
Commissioners listen to the deputy attorney general’s presentation, debate the merits of exclusion, then take a vote. The hearing process normally takes about 45 minutes.
Once candidates have been excluded, it’s up to the state’s nearly 450 licensees to keep them off their properties. Excluded persons aren’t prohibited from entering properties with restricted licenses — convenience stores, supermarkets and other establishments with 15 or fewer slot machines.
The ban applies to “every portion of said gaming establishment including but not limited to the casino, rooms, theater, bar, pool, lounge, showroom and all other related facilities of said gaming establishment,” according to state statutes and regulations.
If excluded persons try to enter a property, licensees are directed to notify the board of their presence, tell the excluded person to leave immediately and to notify the appropriate law enforcement agency.
Weatherspoon’s nomination
A relatively recent addition to the list, 47-year-old Kendrick L. Weatherspoon of Las Vegas, broke new procedural ground.
Weatherspoon, excluded Aug. 25, 2022, was the first person placed on the list who did not have a history of cheating at gambling or involvement in organized crime.
Weatherspoon had 30 cases in Las Vegas Justice Court from 2000 through 2021. His criminal history in Clark County District Court began in 1996, when he pleaded guilty to a drug possession charge.
Five of the Las Vegas cases involved cocaine sales. He was charged with four misdemeanor impaired-driving charges in 2014, and his first violent charge, of domestic battery, was brought to court in 2013.
Many of his criminal activities spilled onto casino floors, and Las Vegas casino executives had finally had enough and asked the Metropolitan Police Department and the Gaming Control Board to do something about him.
Penalties
“Catering to any excluded person, including the granting of complimentary room, food or beverage or the issuance of credit to any such person, by any licensed gaming establishment, is an unsuitable method of operation” punishable by fines and suspension or revocation of a gaming license, statutes and regulations say.
Black Book members, when flagged by casino personnel, can be arrested and jailed for a high misdemeanor.
Contact Richard N. Velotta at rvelotta@reviewjournal.com or 702-477-3893. Follow @RickVelotta on X.