The big factor here is that casino's specifically forbid the use of devices intended to affect the outcome of the game. You go to a casino, you have to play by their rules. If not, they can argue you are attempting to defraud them.
Counting cards is a much better example of "playing smart", and it is not actually illegal - although casinos will ban any player they suspect to be counting they will likely not be charged with a crime. But once you bring a personal implement in to the situation, it very much becomes a prosecutable crime.
>> The big factor here is that casino's specifically forbid the use of devices intended to affect the outcome of the game. You go to a casino, you have to play by their rules. If not, they can argue you are attempting to defraud them.
I understand that they may kick you out for being too good (he must be "cheating"). And the argument about using a device to aid you might be a more concise definition of cheating of some sort. But I've never noticed any posted rules that one would reasonably be expected to know about. And the use of the term "fraud" is important because then it becomes a legal issue with big consequences beyond getting kicked out or banned from a particular casino. OTOH a casino doesn't need to post the law for people to read. Does the law defer to the casino rules? That wouldn't be appropriate IMHO.
There are "house rules" and there are laws. I'm kind of wondering where those lines are and what specifically these guys did that constitutes a felony. What specific aspect of their scam was illegal. I'm not disputing that it was dishonest and in effect a scam of sorts.
IANAL but there are a few things in this matter that seem to be common knowledge. How these things will apply to a specific instance is for lawyers to discuss. The law, at least in Nevada, does defer to the casino's right to do business with whomsoever it chooses. The law does not permit the casino to beat a card counter up (like in the movie "Casino") but they can insist that such a customer leave and never come back, and in those cases at least in Nevada, when such a customer tries to return, they may become a trespasser [1].
Casinos can forbid all they want, but the teeth in the deal is that lawmakers back up the Casinos' rights to set the rules and force you to play by them.
To be fair, the lawmakers aren't really necessary. It only avoids the friction of forcing every gambler to sign a legally-binding contract before playing.
Counting cards is a much better example of "playing smart", and it is not actually illegal - although casinos will ban any player they suspect to be counting they will likely not be charged with a crime. But once you bring a personal implement in to the situation, it very much becomes a prosecutable crime.