Published Thursday, May 5, 2011 | 12:34 p.m.
Updated Thursday, May 5, 2011 | 5:33 p.m.
CARSON CITY – A gambler who is a regular winner at Las Vegas casinos has lost his court appeal against the state and the Mirage hotel-casino on the Strip.
The U.S. Ninth Circuit Court of Appeals has dismissed the appeal of Alex Fayer, who claimed he was the victim of false arrest and battery by an enforcement agent of the state Gaming Control Board. Fayer was identified in the decision as an “advantage gambler,” meaning he is a regular net winner in casinos in Las Vegas.
In October 2008, Fayer made bets on sporting events at the Bellagio and Circus Circus under the name of “James McLynn” and won $8,000.
Payment was refused and Fayer contacted the Gaming Control Board for assistance, then board agent Arthur Vaughn responded. Fayer admitted he gambled under the name of James McLynn. Fayer said he used the legal alias because he wanted to keep a low profile.
“I was extremely well known,” he said, adding that he beat the MGM Grand sports book out of thousands of dollars in recent years.
And Fayer had a credit card and other unofficial identification under the name of McLynn. The agent arrested him for establishing a false identity. Fayer was handcuffed and searched, which he maintains caused him discomfort and embarrassment.
The state eventually dropped the criminal charge after several months. Fayer said Thursday he collected the $8,000.
Fayer then filed a civil suit against the control board, Vaughn and the Mirage alleging false arrest and battery.
The state eventually dropped the criminal charge. Fayer then filed a civil suit against the Control Board, Vaughn and the Mirage alleging false arrest and battery.
U.S. Senior District Judge Edward C. Reed ruled against Fayer.
The appeals court said the facts show Vaughn had sufficient cause to arrest Fayer for possession of false identification. On the allegation of battery, the court said Vaughn did not use excessive force in making the arrest.
In the suit against the Mirage, Fayer said employees of the casino encouraged Vaughn to make the arrest without sufficient cause. He said casino employees accused him of “W-9 fraud,” a tax offense.
The court said Fayer failed to establish a “plausible claim” against the casino when it declined to honor the bet of a suspected tax cheater who brandished false identification.
“Therefore, any purported misrepresentations about W-9 fraud made by Mirage employees did not contribute to wrongful arrest,” the court said.
Fayer maintains that he never broke the law.
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