• By JJ VELASQUEZ and LESLIE WILBER - jvelasquez@vicad.com and lwilber@vicad.com
• Originally published December 2, 2009 at 9:15 p.m., updated December 3, 2009 at 12:15 a.m.

• Why the confusion?

  The definition of a gambling device in the Texas Penal Code has led to debate in legal circles:

  "A 'gambling device' means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration ...

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Why the confusion?

The definition of a gambling device in the Texas Penal Code has led to debate in legal circles:

"A 'gambling device' means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the

contrivance. The term: ... "does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, or novelties or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less."

A local bingo association called Wednesday on authorities to investigate illegal eight-liner gambling parlors, which they say have cost its charities more than $1.2 million.

The Victoria Texas Charitable Bingo Association called a news conference to raise awareness about illegal eight-liner activity in Victoria in hopes that investigators will pursue the matter and ward off eight-liners. The association bases its lost money on a projection factoring in the eight-liners' presence in Victoria.

"During the last three years, members of local charities have met with the Victoria Police Department and the district attorney numerous times about illegal eight-liner gambling," David Heinlein, Palace Bingo manager, said in a statement. "As of this date, nothing has been done to stop this eight-liner activity that has cost the citizens of Victoria and local charities."

Eight-liners, video slot machines with nine simulated rollers, are called so because there are eight ways to win.

Eight-liner gambling parlors are popular in Texas, though many operate illegally because they exceed the legal standards for payout.

Legal forms of gambling in Texas include the Texas Lottery, betting at horse and dog tracks, in which winning ticket holders divide bets proportionately with wagers, and charitable bingo.

The bingo association hired private investigator Bill Pellerin, president of Texas Investigative Networks Inc., to investigate the case in June.

Pellerin said cash transfers from one machine to next, violations of the 10-to-1 rule and cash awards in lieu of gifts worth more than the value that was won, comprise the three main crimes his team is investigating.

"The investigation is ongoing, but I can tell you initially, there have been violations of each of those three areas at virtually every casino in Victoria County, Texas," said Pellerin, who added that all eight-liner establishments in Victoria County are under investigation.

Eight-liner parlors and other amusement establishments cannot legally operate if they offer prizes worth 10 times the value the customer paid to play.

The association's main concern is making sure everyone plays by the same rules, he said.

"Unfortunately, some of them aren't," he said.

Pellerin said the news conference was called in part to inform the Victoria Police Department that a private investigation is underway.

The police department empathizes with the charity bingo association, Police Chief Bruce Ure said.

"We do believe that there are serious violations that are occurring at eight-liner establishments," Ure said. "Respectfully, we don't believe that they are significant enough for us to put a lot of resources into it."

He said if an establishment paid out 10 times the amount required to play, an investigation would be merited.

Ure said the department has yet to investigate eight-liner establishments because it invested thousands of agency and taxpayer dollars in its investigation of the Internet Cafe, the prosecution of which has yet to be resolved.

The case cost the department in personnel overtime and rental expenses for seized properties, he said.

"We believe it's prudent to get to a resolution before we go forward," Ure said.

The district attorney's office took over investigation of the cafe in June. After it seized bank and business records, the case was handed to the Texas Office of the Attorney General, now the lead agency in the investigation, District Attorney Steve Tyler said, adding that the attorney general has better tools to investigate white-collar crimes.

Tyler said there are more immediate and dangerous threats to worry about than illegal gambling. He said the bingo association is protecting its own interests.

"Palace Bingo is a business," Tyler said. "There are political and business interests at play."

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