Another raid at a loacl club

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I am a member. I was not there this past Friday, but actually plaid there the previous Friday, and last Monday.

The place was different than the NYPC. I played there too, until 5th Street opened (I Live about 3 miles away from 5th Street.

You had to pay a member fee ($50-65). You got a membership card with your account number. When you got there, you logged in and when you leave you log out. The fee was $8 per our, whether you played poker or not.

They had free food and drink, a lounge with TV's and about 5 pool tables a couple of ping pong tables, fooseball and air hockey. In the second room, they have 8 poker tables.

You could start up any game you wanted, but usually a 1-2 NL, 2-5NL and a 10-20 Limit was always going on, in addition to nightly tourneys.

The dealers are members and do not get paid by the club. They worked only on tips.

In the article in the Star Ledger, it says poker is legal as long as the house does not benefit from the game (ie a rake/ or time at table) Does anyone know if this is correct?

Technically they did not charge a rake or a fee to sit at the table, just a usaged time at the entire club. (Kind of a gray area, assuming it is legal to play poker.

Any thoughts?

Riddler

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I looked at NJ gambling law a few times in connection with a football pool a friend ran. My understanding is that gambling is legal as long as there is no "house", i.e., the operator is not making money off of the game. Participants are called "players"; it is not a crime to be a "player". If the operator does not take a cut but participates, my recollection is that the law defines him as a "player", provided he does not materially assist in establishing or operating the game -- but merely providing cards and table is not material assistance as long as the operator is on equal footing with the rest of the players.

It's a little convoluted, but I think what the Ledger said is accurate. I hope what I am saying is correct.

[BISCO]

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Technically they did not charge a rake or a fee to sit at the table, just a usaged time at the entire club. (Kind of a gray area, assuming it is legal to play poker.

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are you kidding me?

do you think the police are THAT stupid?

the place was a profitably card room, no two ways about it. just because the owners think they found some cute loophole doesnt make it magically legal.

[Riddler]

Actually the owners of this club are COPS. I would guess that 40-50% of the members are either Cops or Fireman

They went to the town, obtained a license to operate a "Social Club". They weren't hiding anything. They actually had a sign outside "5th Street Social Club, Members Only".

From what I understand, they hired attorney's, got approval from the town. The article even says the mayor had knowledge.
And since gambling is legal in NJ as long as the house doesn't profit from gambling, there claim is that they were not profiting from the poker, but from membership dues. It is not unlike a Country Club that has initial dues and a monthly membership fee to have access to the clubhouse.

From what I am hearing from some other members (cops), they paid taxes to the IRS for 2004.

In my opinion, Atlantic City put pressure to do something. This is the 3rd bust of a poker club in the past 30 days in NJ (one in Clifton, NJ and Ridgewood,NJ)

And another thing, it was crazy that they had helicopters come in with a SWAT team. The location has only one road out and it is on the second floor of a warehouse with only 1 entrance. This was done for effect. I would bet that some of the 50 cops that came in for the Bust were Dover Cops, who frequented the club at some time.

[BISCO]

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And since gambling is legal in NJ as long as the house doesn't profit from gambling, there claim is that they were not profiting from the poker, but from membership dues. It is not unlike a Country Club that has initial dues and a monthly membership fee to have access to the clubhouse.

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that is quite possibly the worst argument ever.

what kind of legitimate social club charges by the hour?

we all know that 99% of the people there had the primary purpose of playing poker, and since they charged by the hour to be there...they are directly profiting by running a gambling house.

this "loophole" isnt even that ingenious...and has a snowballs chance in hell of holding up as a defense in court

[camp43]

http://www.dailyrecord.com/news/arti...1-gambling.htm

Police: Roxbury cops ran gambling club in Dover
By Peggy Wright, Daily Record

Authorities have broken up a makeshift, illegal casino housed in a massive warehouse in Dover, where two Roxbury police officers and their friend allegedly ran poker games and tournaments that raked in as much as $10,000 a week.

The two officers -- Sgt. Richard M. Winstock, 36, of Independence, and Thomas J. Juskus, 42, of Knowlton, both in Warren County -- were suspended with pay immediately after their arrests Saturday on charges of official misconduct, conspiracy, maintaining a gambling resort, and promoting gambling since at least Dec. 4. Their 5th Street Club, is in an 8,000-square-foot warehouse at 48 Richboynton Road in Dover.

Winstock's wife, Jennifer Winstock, 32, was charged with the same offenses, as was Scott K. Furer, identified as the 42-year-old, day-to-day manager of the illicit gambling business and a resident of Lackawaxen, Pa.

The Morris County Prosecutor's Office -- aided in Friday's midnight raid by state police -- swooped down on the warehouse with a helicopter hovering overhead to scan the rooftop and provide protection. Forty-five people were inside, including Furer, said Morris County Prosecutor Michael M. Rubbinaccio.

Rubbinaccio and office Chief of Investigations Joseph A. Devine said that records seized from the club are being scrutinized to see whether other police are involved in the enterprise or listed as any of the 340 recorded club members. Officers seized $27,000 at the club and searched both officers' lockers at work on Saturday.

"Part of their scheme was to allow police officers to gamble free of charge in an attempt to protect themselves and infect other officers into getting involved in illegal gambling," Rubbinaccio alleged Monday.

The warehouse had been under surveillance since January and undercover detectives posing as customers started going inside in March as non-members, where they traded hundreds of dollars for chips to play poker games, prosecutors alleged.

The undercover investigators were urged to give tips to dealers, offered the chance for a massage, and told nonmembers were welcome on Monday nights, when they would pay $5 per hour, prosecutors said.

Memberships cost $75, and members were charged $10 per hour to play, according to an arrest affidavit prepared by Prosecutor's Office Detective Thomas Primo.

The undercover officers were encouraged to play in tournaments with top prizes of $3,800 and $6,000, the affidavit said

Neither Winstock could be reached for comment Monday, but a woman who answered the phone at their Independence home and identified herself as Richard Winstock's sister, Lisa, said that a law firm in Woodbridge has been retained.

"They are very, very eager to give their side of the story but have been advised by legal counsel not to talk at this time," said Lisa Winstock.

Anthony Arbore, a lawyer retained by Juskus, said the officer will maintain his innocence.

"What we're dealing with here is a long-standing law enforcement officer with an exemplary history. The bottom line is these people, they tried purposefully to do everything by the book. They were up front with all authorities," Arbore said.

The Dover zoning board of adjustment in August 2004 gave the Winstocks approval to operate a "social club" for members only at the warehouse, that supposedly would operate four days a week and have four to six employees. Maximum usage would not exceed 100 people, according to the application.

Shortly before the approval was granted, the prosecutor's office received information that two Roxbury officers were involved in heavy gambling at local firehouses, according to records. A superior officer in Roxbury then told an assistant prosecutor that two Roxbury officers, including Winstock, were interested in running a poker tournament. The same superior told the prosecutor's office that two officers were planning to open a social club that would allow gambling and other social-related activities on the premises.

After the zoning board gave its approval based upon an application that did not emphasize poker playing, the prosecutor's office for months monitored the growth of the club and information disseminated on its Web site.

The Web site referred to poker meeting groups, tournaments, and refers to one tournament drawing 195 players. On March 21, two undercover officers met Rich, whom they learned was Winstock, and he confided to them that he invested over $100,000 in renovating the club, the arrest affidavit said.

Winstock allegedly spoke to the officers about other illegal gambling clubs in the area, and then an undercover proposed to Furer that he was interested in setting up a club in Bayonne that was similar to 5th Street Club.

In talks in April about such a plan, Furer allegedly told the undercover that Winstock had to "take a couple steps back" because he is a cop and the warehouse enterprise was "in a grey area."

Furer allegedly confided that the business used the best attorneys available, and he dismissed concerns about law enforcement raiding the club because, he said, police officers belonged to 5th Street and "the phone would be ringing off the hook if something were going to happen," the affidavit said.

The arrest affidavit states that on April 18, one of the undercovers posing as a patron got a message from Jennifer Winstock, who said she had taken over her husband's shares of the business and would be the person to whom he would have to talk about starting another gambling business in Bayonne. Jennifer Winstock confided that her husband had been ordered by Roxbury Police Chief Mark Noll not to go to the club anymore.

The wife told the undercover that her husband was awaiting word from the chief, who allegedly was consulting with the prosecutor's office about his role in the club, the affidavit said. On April 24, the undercover officer met with Richard Winstock, who said he started out running poker tournaments at firehouses and confided that he knew an internal investigation was under way into 5th Street Club.

"He acknowledged the possibility that 5th Street Club could be raided at any time," the affidavit said of Winstock's discussion with the undercover. Winstock also claimed the club made between $8,000 and $10,000 in a good week.

Noll, the police chief, said early Monday that both officers were "excellent officers."

"It's unfortunate that they've gotten into an area that they shouldn't have," Noll said.

Noll could not be reached for comment at his office or at home, after the prosecutor's office released copies of the arrest affidavits for the four defendants.

In the affidavit, Winstock is quoted as telling the undercover in April that his chief does not want him involved in the club.

Township Manager Chris Raths said the township was aware of both officers' involvement in a social club and recently had requested information from them to make sure the operation was legitimate.

"My understanding was they were not directly involved in the club and they had contacted their own attorneys in regard to the legality of the club," Raths said.

Both Winstocks were arrested at their home simultaneous to the raid on the club. Juskus, who authorities said contributed about $19,000 to the club's formation but was trying to sell his share to the Winstocks, was arrested Saturday.

Furer was picked up during the raid. All are free on bail.

[Jersey Nick]

NJ Star-Ledger

Telling prosecutor about gambling a bad bet for cops
Request for his advice leads to their arrests
Tuesday, May 03, 2005


The Roxbury police accused of running an illegal gambling parlor say they asked the Morris County prosecutor if their operation would break any laws.

The prosecutor answered with the Friday night raid that led to the arrests of Sgt. Richard Winstock and Officer Thomas Juskus.

In other words, the officers tipped off the prosecutor on themselves.

Anthony Arbore, the lawyer for Juskus, said yesterday his client asked the prosecutor months ago whether hosting poker games at a social club in Dover would be a violation of the law.

"They did everything by the book and it was clear at all stages there would be card playing," Arbore said. "They told their chief. And they asked for an opinion and invited the prosecutor over to see it for himself.

"The raid," Arbore said, "was unnecessary and unwarranted."

Roxbury Police Chief Mark Noll said his department also asked the prosecutor's office for an opinion in November when Winstock and Juskus were gearing up to open the 5th Street Club in a warehouse off Route 15.

Following a news conference yesterday announcing the arrests, Prosecutor Michael Rubbinaccio said, "I did have a conversation with Chief Noll and Mr. Arbore and told them that I would not provide them with a legal opinion and the officers would be risking their careers if they were engaged in illegal conduct."

On Saturday, Winstock and his wife Jennifer were arrested at their home in Independence Township and Juskus was arrested at his home in Knowlton Township. The alleged manager of the club, Scott Furer of Pennsylvania, was arrested during the raid.

Winstock and Juskus are charged with gambling, conspiracy, official misconduct and maintaining a gambling premise and are free on $50,000 bail each. They each face up to 10 years in prison.

Richard Winstock, a patrol supervisor, has been on the Roxbury police force for about eight years. Juskus, who works in traffic safety, has served for about 20 years. Both have been suspended with pay.

Jennifer Winstock and Furer are charged with aiding and abetting misconduct in office, maintaining a gambling resort, promoting gambling and conspiracy. Scott is free on $30,000 bail; Winstock was released on her own recognizance.

During the news conference, Rubbinaccio said the club operated five nights a week, 12 hours a day, with as many as 200 gamblers playing at one time. He said the club raked in $5,000 to $10,000 a week in profits.

What made the operation illegal were the fees charged to play poker, authorities said. Members at the poker tables paid a $10 hourly fee on top of tips per hand and the $75 membership fee, authorities said.

Authorities are now looking to find the other cops they say frequented the club free of charge for high stakes Texas Hold'Em poker games.

Rubbinaccio said Winstock and Juskus "allowed police officers to gamble free of charge in an attempt to protect themselves and infect other police officers in getting involved. ... It helped create the atmosphere of protection."

"My suggestion to the police officers is to contact my office before I contact them," the prosecutor said.

Seized in the raid was $27,000 from the club's safe and the club's membership list with 340 names, including those of police officers, said detective Thomas Primo of the prosecutor's office. Some 45 people were on hand when the club was raided.

"We're banking on them keeping accurate records," Primo said.

Authorities also confiscated a computer that includes the club's financial records.

Law enforcement authorities said anyone who hosts a poker game must be careful not to profit from it financially, aside from their own winnings.

"An office pool or a home poker game are legal as long as no one is taking any cut for organizing the game," said John Hagerty, spokesman for the state Division of Criminal Justice. "If the operator is getting a benefit by sponsoring the game, then I suspect it is illegal."

Attorney Amato Galasso, who represented the 5th Street Club when it requested a use variance from the Dover Board of Adjustment in August, compared the organization to a country club whose activities include card games. Members were charged dues for the time they spent at the club, regardless of whether they were playing poker, pool, pingpong or just hanging out, he said.

Galasso researched the law on poker games and wrote up a document on his clients' behalf, offering his opinion that the games were legal as long as the club did not take a percentage of the players' winnings and as long as no player had an advantage over any other.

The club did not take a percentage of the winnings or charge for tournaments, he said.

Along with poker tournaments, the club ran regular tournaments in pool, pingpong and darts, he said.

"If (Winstock and Juskus) thought it was illegal, my clients would have closed it down a long time ago," Galasso said.

The late-night raid was not the first arrest at the 5th Street Club. In March, authorities said, an 18-year-old masseuse, Kyra Amick of Chester Township, was arrested on drug charges. Amick gave massages at the gambling tables, said Capt. Jeff Paul of the prosecutor's office.

[Jersey Nick]

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PS: I live in NJ, but I won't play here except in AC. Too much risk.

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TT, I was interested to hear your take. Even though I only know you from the board, I was pretty sure this would be your position too.

Loophole, shmoophole - there was no way this operation stood a chance. I had buddies from work who wanted me to go to 5th St. a couple months ago. When I saw it on meetup I begged off and warned them that it would be a matter of weeks before it was busted.

The only way I would play in a club in NJ was if it was a Mason, Elk, Ealge, etc. game and I was a member. I hear the Masons are recruiting, but I don't really see myself as the secret-handshake type.

[midas]

Jersey Nick:

A few months ago I was invited to a similar place in East Hanover where every Friday, Saturday and Sunday night a $100 buy-in tournment is held. I passed after hearing that cops play and the parking lot overflows - too much exposure for my taste.

[Jersey Nick]

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I passed after hearing that cops play and the parking lot overflows - too much exposure for my taste.

[/ QUOTE ]Absolutely. Imagine you lay a bad beat on Officer Friendly. Would he still be Friendly if he pulled you over for a traffic stop the next week?

[IgorSmiles]

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I passed after hearing that cops play and the parking lot overflows - too much exposure for my taste.

[/ QUOTE ]Absolutely. Imagine you lay a bad beat on Officer Friendly. Would he still be Friendly if he pulled you over for a traffic stop the next week?

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Gotta disagree with you there. Any cop you play cards with is much more likely to give you a break than a stranger. Unless after handing him a beat, you jump up and scream like that european retard at last year's WSOP.