Resorts AC Sued Over Theft Indictment

An Ohio man has filed a civil rights complaint against the owner of Resorts Casino Hotel in Atlantic City over his failed prosecution for an alleged computer theft involving free play.

A Cincinnati man has filed a federal civil rights complaint against the owner of Resorts Casino Hotel in Atlantic City, DGMB Casinos LLC, over his indictment in 2012 in an alleged free-play computer scam.

Darrell Miller was one around 30 players identified by Resorts for prosecution after players discovered a glitch in the casino’s player reward system that allowed them to collect thousands of dollars in free slot play they had not earned. Resorts claimed the computer glitch sent more than $10,000 a month in free play to Miller’s account. Miller and the other players were indicted in 2012 for alleged computer theft.

In November 2012, the criminal charges were dismissed against all defendants due to lack of evidence of a crime. In Miller’s case, a police official had testified that he was identified on video surveillance as one of the participants in the scam, at a time when he was verified as being home in Cincinnati.

Miller is suing Resorts, the state of New Jersey, Deputy Attorney General Yvonne Maher and State Police Sergeant Paul Horsey (who testified concerning video surveillance) for violating his civil rights in the prosecution, which the complaint calls “an improper, illegal and perverted use of the legal process in a way that was neither warranted nor authorized by law and with the ulterior motive of using the criminal justice system to recapture losses that resulted from its own negligence.”

Miller is seeking punitive damages for the prosecution plus reimbursement for more than $35,000 in legal fees and expenses.

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