An American man who admitted to defrauding a Burnaby casino by cheating at cards has been granted an absolute discharge but was ordered to forfeit more than $22,000 in gambling chips.
Herbert Lull, 66, pleaded guilty in April to “cheating at play,” a criminal code offence with a maximum sentence of two years in jail.
Crown prosecutor Jonas Dow said Lull had gotten help from his co-accused, a Grand Villa baccarat dealer named Gilles Boudreau.
Charges against Boudreau were stayed in January, but Dow said the casino had fired the dealer as a result of the incidents.
Between Dec. 11 and 13, 2018, Lull’s baccarat play at Boudreau’s table sparked the suspicion of security officials, according to Dow.
“The playing of games in these facilities is regulated by video surveillance images and various protections to ensure that cheating isn’t happening,” Dow said at Lull’s April 9 sentencing hearing. “And the security officials were watching both their own people and the players to ensure that the game is being played without any unlawful advantage.”
Closer scrutiny of surveillance footage of Lull and Boudreau appeared to confirm Grand Villa’s suspicions, according to Dow.
“It became clear to the people observing the video images that Mr. Boudreau was dealing the cards in a way that would allow Mr. Lull an advantage,” he said. “And, by Mr. Lull’s conduct, it could be inferred that he was making decisions based on information that he was given by the dealer.”
Dow noted “not much more is known about the relationship between these individuals.”
The men weren't charged until a year later (December 2019), and Dow said the case had also dragged on because of COVID-19 and protracted plea-bargaining discussions.
In the end, a plea deal was made, and Dow and defence lawyer Georges Prat presented a joint sentencing submission in Vancouver provincial court.
Both lawyers called for Lull to get an absolute discharge and an order to forfeit half the chips seized from him at the casino in 2018.
Dow said the total sum that Lull had won by cheating was in dispute but noted some allegations put the figure in the “tens of thousands of dollars.”
A total of $44,885 in gambling chips had been seized, and the joint submission called for half that to be forfeited as part of Lull's punishment.
“There’s no need to further penalize Mr. Lull in the Crown’s view,” said Dow.
Dow noted Lull’s lack of a criminal record, his compliance with bail terms and, especially his guilty plea.
“There’s significant value in the plea,” Dow said. “This would have been a multi-day or week trial.”
B.C. provincial court Judge Patrick Doherty accepted the joint submission.
“I’m satisfied that both lawyers worked hard on this case and you understand what’s gone on,” he said to Lull, who appeared by phone from Davis, Calif.
The absolute discharge means Lull will not have a criminal record in Canada.
While Dow did not elaborate in court about exactly how Lull had cheated, the practice of “edge sorting” allows players to gain an advantage using subtle irregularities in the patterns on the backs of playing cards.
The technique, famously employed by professional poker player Phil Ivey to win more than US$20 million playing baccarat at casinos in London and Atlantic City (sparking two successful lawsuits), can involve dealers becoming unwitting participants in the cheat.
Follow Cornelia Naylor on Twitter @CorNaylor
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