Can You Get Arrested for Being Smarter Than the Casino?

Imagine it – you’re sitting at the blackjack table, enthralled in the game. You’re not cheating. You’re not using an app, or sneaking glances at cards around the table, and you’re certainly not marking the cards. Instead, you’re counting in your head, intelligently calculating the odds with each draw of the cards. But suddenly, two burly men in suits appear behind you. “Let’s have a quick chat.”

What did you do wrong? Is it really a crime to count?

There’s a difference between cheating the system and outsmarting it, but the lines are sometimes blurry – and, even if you’re not technically doing anything illegal, your actions can still get you thrown out with last night’s leftovers. So, let’s explore the world of advantage play, why casinos don’t want you to get too clever, and what happens if you get caught counting cards.

While none of these practices are technically illegal, they are all frowned upon by casinos – and some types of edge sorting can be seen as more serious. In cases where there’s serious money at play, the venues are well within their rights to refuse payment and even sue you. It’s happened a few times to multiple-time World Series of Poker winner, Phil Ivey, and the courts tend to rule in favour of the casinos on account of dishonest play. In Ivey’s case, he lost more than $7m – despite never even touching the cards himself.

The legal stuff

The bottom line is that counting cards is not illegal, and you can’t be prosecuted for simply using maths in your head to work out the ratios. But the second you start using external assistance – apps, wearable tech, or even your mate whispering the odds into your ear – you’re breaking the rules. And we don’t just mean the casino rules, where you might get a ban and lose your winnings. We mean state laws, where the consequences are much more severe.

So, where exactly is the line? There are heaps of discrepancies between the gambling laws of different states and territories across Australia, but they all have a consistent stance on using devices, collusion, tampering and software-assisted methods to gain an edge. In case it’s not clear – that stance is a big, fat, NO. Here’s a breakdown of some similar methods that can result in some pretty different penalties if you get caught.

Unless you’re using tech, teams or tampering, you’re probably in the clear from the legal standpoint. Just don’t expect to be welcomed back with open arms – the casino is under no obligation to let you play there if your mental maths starts eating into its bottom line.

Why do casinos hate advantage play?

Look, if you’re still not sure of the answer to this question, we don’t think you’ve been reading properly. At the end of the day, casinos want to win, and the casino games are designed to facilitate this. It’s the basis for their entire business model. But if you’re using advanced techniques to increase your odds, that just means less money for the house. They take candy from babies, so they don’t like it when the babies bite back. You’re throwing off the casino’s carefully constructed formulas, picking apart their percentages.

And like you can be kicked out of the cinema for talking too loud and killing the vibe, casinos don’t have to just sit around letting you bleed them dry. They have plenty of tools to find card counters, from facial recognition software to good old-fashioned bouncers. But at the end of the day, they’re private businesses, so they don’t need a reason to ask you to leave.

What happens if you get caught?

Bottom line: you’re not going to get the action movie arrest scene. Unless you’ve crossed into the land of no return (the actually illegal stuff we talked about earlier), you’re not going to end up in handcuffs. Well, at the casino, anyway. We don’t know what you do when you’re back at home.

Instead, you’ll probably get the casino security guard equivalent, which normally involves a combination of these five things:

1: You’ll be watched
Casinos have surveillance – that’s not news to anyone. Unless your poker face is really good, and you’re losing just enough to cover up your card counting prowess, they’ve probably already spotted you.

2: You might get approached
A tap on the shoulder from a polite but firm staff member, asking you to step away for a moment. Whether that’s for a “quick chat” or to offer you a free drink elsewhere, the message is clear – we’re onto you.

3: You could be asked to leave
The casino is well within its rights to ask you to leave – either the table, or the entire venue. They don’t need to provide a reason, and there’s no point trying to argue. It could be vague – “you’re free to cash out now”, or “the table is closed” – but the bottom line is that you’re no longer welcome.

4: You could be banned
If they’ve asked you to leave before – or even if they’re just feeling particularly frosty that day – you could end up banned from the casino. You’ll be put on the blacklist, where your name, photo and playing history will be shared to make sure you’re denied entry for the duration of your ban. This could be for any time period – just for the night, or for life – and could even stretch to multiple venues if the casino is part of a larger group.

5: You may lose your winnings
If the casino believes that you’ve crossed the line – some methods, like edge sorting, are often considered murky waters – it can refuse to pay out your winnings. It’s all in the T&Cs of playing at the venue, and especially likely if you’ve won a sizable amount. You can take them to court, but don’t be surprised if the court sides with the house. If even Phil Ivey can’t win that battle, it’s not looking good for you.

Before you make a fuss and start shouting about fairness, remember: the casino is under no obligation to serve you. Just as a nightclub can turn away someone wearing thongs and a tank top, casinos can give you the boot if you’re just a bit too good at blackjack.

“Okay, but I’m really good though, I’ll fly under the radar”

Good luck with that, mate. Casinos have put millions of dollars into detection tools and anti-advantage play surveillance, designed to pick out anyone attempting to sway that all-important house edge. And if you’re planning to use your card counting to walk away with thousands night after night, you’re gonna get noticed pretty quick.

But everyone knows that there’s book-smart, and there’s street-smart – and being both can really help you here. If you’re intelligent enough to count the cards, but savvy enough to keep it on the down-low, you have a better chance of getting away with it. Here are some pointers to stop you blowing your cover.

Vary your bets beyond what counting the cards is telling you. It’s so obvious if you’re spiking your wager all of a sudden with each hand.

Remember to lose if you want to win overall. Not only is a winning streak the number one giveaway of a suspicious player, but you’ll also get on the nerves of everybody else at the table.

Be friendly to the dealer and the other players. Read the room, and don’t sit there squinting as the numbers run through your head – you’re here for fun, after all, so don’t be boring.

Don’t brag about your wins – at best, everyone’s gonna hate you. At worst, you’ll be heard by the wrong people. Trust us, it’s not worth it.

Move around the casino throughout the session. Sticking to one table is always suspicious – what’s so special about that table? A few smaller wins at different tables, or even different venues, is better than rinsing one place dry.

It’s not just about playing cards. You’re playing the room, and you need to play it well if you’re going to dive into the world of advantage play. The biggest brain in the world isn’t going to help you if you annoy the wrong people, so keep yourself in check and remember to have fun.

So - can you get arrested for being smart?

If you’re counting cards – and just counting them, no other funny business – then no, you can’t be arrested. It’s completely legal, but that doesn’t mean you can’t find yourself on thin ice with the casino.

The thing to remember is that the casino isn’t looking to lock you up. It’s just out to protect its profits, and nobody likes it when you beat them at their own game. So if you’re sharp enough to game the odds, be sharp enough to know when to back off.

Want to play smarter next time you’re at the table? Stay tuned – we’ll be covering strategies, tells and stories from real punters who’ve pushed the limits and beat the casinos. Sign up to our newsletter so you don’t miss the action (we promise it’s a good one!).

Have you been banned for playing too well? We’d love to hear from you – get in touch at info@australiangamblingonline.com to tell us your story!