Background on those illegal game rooms | i L i n d

2022-09-16 21:53:41 By : Mr. kesson hu

Here’s an interesting description of Hawaii’s illegal game rooms, which appear to be a popular and widespread form of gambling. It isn’t clear to what degree these operations are controlled by organized crime groups, or whether by definition anyone who owns and operates a game room is considered to be part of organized crime.

In any case, this is an excerpt from an affidavit by a Honolulu Police Department detective, also a member of Homeland Security Investigations (“HSI”) Task Force, filed in support of federal criminal charges filed against a pair who robbed, or attempted to rob, two game rooms, one in Honolulu and the other in Nanakuli.

BACKGROUND ON ILLEGAL GAME ROOMS IN HAWAII

3. Hawaii State Law prohibits certain forms of gambling activity. For example, Hawaii Revised Statutes § 712-1222 makes it a crime to “knowingly advance or profit from gambling activity.” Under Hawaii State law, as relevant here, a person “engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance …, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome.” Hawaii Revised Statutes § 712-1220(4). A “contest of chance” is defined by Hawaii State law to include “any contest, game, gaming scheme, or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.” Hawaii Revised Statutes § 712-1220(3).

4. I have been involved in the investigation of illegal game rooms in Hawaii. Among other things, I participated in the investigation of two illegal game rooms that operated out of residential single family homes, which resulted in federal charges against a total of twelve defendants in United States v. Ding et al., Crim. No. 19-00120-LEK, and United States v. Ishizuka et al., Crim. No. 19- 00119-JMS. I have also accompanied HPD officers during the execution of numerous state search warrants at game rooms on Oahu. From my work investigating illegal game rooms in Hawaii, and from my training and experience, I have learned the following:

a. Illegal game rooms in Hawaii commonly have “Fish Hunter” and “Pot-of-Gold” type gaming machines, which qualify as gambling devices under Hawaii state law because there is a material element of chance on the outcome of wagers made on these machines. For example, the illegal game rooms at issue in the Ding and Ishizuka cases used both Fish Hunter and Pot-of-Gold type gaming machines.

b. Illegal game rooms in Hawaii typically employ security staff and cashiers. The security staff typically is responsible for monitoring the entry and exit of patrons, often through the use of video surveillance systems. The cashiers are responsible for providing cash payouts to patrons who win on their wagers. Security staff and cashiers typically work in scheduled shifts.

c. Well-established illegal game rooms can generate substantial amounts of cash. For example, in the Ding and Ishizuka matters, law enforcement determined that each game room generated several hundreds of thousands of dollars in net profits over a period of a year.

d. Given the illegal nature of the businesses, game rooms are often targeted for robberies in part because of the belief that the security staff, cashiers, and patrons will be less likely to call or cooperate with the police.

Background on the Zippy’s Game Room

7. From my review of HPD reports and conversations with other law enforcement agents, I have learned the following, in substance and in part:

a. The Miss Hawaii Building is a two-story commercial building consisting of three separate legitimate retail establishments, each with different addresses. At a precise date unknown, but by at least May 2018, there was also an illegal gambling establishment located in this building. The game room contained numerous Fish Hunter and Pot-of-Gold type gaming machines. Based on several witness’ statements, this game room was commonly referred to by patrons as the “Zippy’s Game Room” (hereinafter the “Zippy’s Game Room”), based on it being located across the street from the Zippy’s restaurant on South King Street, Honolulu, Hawaii. [Photo from Google Maps Street View]

b. The Zippy’s Game Room occupied the second level of the Miss Hawaii Building. Entrance to the game room was accessible via a ground floor door which opened onto South King Street. Just inside the door was a set of stairs leading to the second floor. At the top of the stairs was a small landing and a locked, white, metal security screen door.

c. The game room was equipped with a CCTV video surveillance system with numerous cameras mounted at various locations inside and outside the game room. These cameras recorded the events that occurred on property and saved the footage onto a Digital Video Recorder (DVR), which could be downloaded for future viewing. The surveillance system monitored the building’s stairwell area, the second floor landing, the white metal security door, the building’s parking lot area, and the interior of the game room.

d. In order to gain access to the game room, a patron needed to press the doorbell mounted on the door jam, which alerted the security personnel inside the game room. The security employee monitored who was requesting entry by checking the security monitor inside the game room.

e. If entry was to be permitted, the security personnel unlocked the door electronically by way of a “buzzer.” Access could be denied simply by refusing to unlock the door. The security door led to a second level hallway area, which led to the game room.

f. A parking lot located on the north side of the building contained numerous marked parking stalls for patrons of the businesses. The parking area was about twenty feet away from the stairwell door and easily accessible via the sidewalk that traverses along Pawa’a Lane.

Background on the Mermaid Caves Game Room

17. From my review of HPD reports and conversations with other law enforcement agents, I have learned the following, in substance and in part:

a. At a precise date unknown, but by at least in or about early April 2020, and up until at least in or about July 2020, an illegal gambling establishment was operating in a single story residence on Keaulana Avenue, Kapolei, Hawaii (hereinafter the “Mermaid’s Game Room”). [Note: Mermaid’s is actually located in Nanakuli] The Mermaid’s Game Room, named as such due to its close geographical proximity to a coastline feature commonly referred to as “Mermaid Caves,” was located in the front residence of a two-residence property. According to confidential sources, the Mermaid’s Game Room had recently changed operators and re-opened under new management on July 13, 2020.

b. The property on Keaulana Avenue is an approximate half-acre residential lot located on the ocean side of Keaulana Avenue. The Mermaid’s Game Room was located in the first of two houses located on the property.

c. Located at the front porch area of the front house was a locked wooden door. Just to the right of the doorknob was a white button, similar to a doorbell, secured to the door frame. To enter the Mermaid’s Game Room, a patron needed to press the button and wait for the door to be manually unlocked from the inside by the on-duty security personnel. The security personnel monitored the CCTV cameras mounted above the door to determine who was attempting to gain access to the game room.

d. A second door was located just inside the first door. This door also required the security personnel to manually unlock it. Once past the second door, patrons found themselves in a video machine gambling room consisting of ten Fish Hunter type machines, and three Pot-of-Gold table-top machines. Just to the right of the door was a table with chairs, and a large flat screen television. This area was identified as the security area.

e. The game room took up almost the entire interior of the house, including the living room, the kitchen, and one of the back bedrooms. Off to the right side of the living room was another room with a metal security door; this room was identified as the cashier’s office, and the door to it was locked and unlocked by key held by the cashier.

f. The Mermaid’s Game Room surveillance system included twelve SMONET brand digital video cameras situated around the exterior and interior of the premises. The cameras recorded digital video footage of the events occurring on the property and stored it onto a SMONET brand DVR, from which the footage could be downloaded and/or viewed at a future time.

18. From my review of HPD reports and conversations with other law enforcement agents, I have learned, in substance and in part, that HPD had entered the Mermaid’s Game Room on at least four occasions, as relevant here:

a. On April 27, 2020, based on information provided by confidential sources, HPD officers conducted an inspection at the Mermaid’s Game Room and found it to contain ten Fish Hunter type games and security cameras around the property.

b. On May 24, 2020, HPD responded to a call of a robbery in progress at the Mermaid’s Game Room. Upon their arrival, they discovered uncooperative individuals there who denied any robbery had occurred. Officers noted there was an illegal game room at that address.

c. On June 19, 2020, a male wanted for an unrelated robbery that occurred nearby, was located and arrested in the Mermaid’s Game Room.

d. On July 15, 2020, an HPD officer received information from a confidential source regarding a gunpoint robbery of the Mermaid’s Game Room….

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