Francis M. Gagliardi - Page 28




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         later was executive vice president of marketing for Wynn                     
         Properties.  For a time, Mr. Nicely offered consulting services              
         to gaming industry clients in six States and three foreign                   
         countries.  At the time of trial, he was the director of gaming              
         and design at International Game Technology (IGT)--the largest               
         slot machine manufacturer in the world.                                      
              Mr. Nicely knows and understands the gaming rules of                    
         different jurisdictions.  He has extensive dealings with                     
         regulators, slot floor operators, directors of slot operations,              
         and vice presidents of operations in order to understand from                
         them directly how the slot machines are working.  Mr. Nicely                 
         works with various jurisdictional bodies including the Great                 
         Britain Gaming Board, Alderney Gaming and Isle of Man, and                   
         officials from Montana and other States.                                     
              Mr. Nicely has worked on “class 3 slot machines”,20 “class 2            
         games”,21 online gaming, and table games.  He has access to casino           
         operations data and performs analyses to determine whether                   
         various machines have been overpaying or underpaying gamblers.               


               20  “Class 3” slot machines are Nevada-style games where               
          every outcome is completely independent.                                    
               21  “Class 2” machines have a pull tab--like a “scratcher”--           
          or are bingo-like games.  The outcomes on a class 2 machine are             
          all predetermined for pull tabs.  Class 2 machines are analogous            
          to a standard deck of 52 cards--if the four aces are removed from           
          the deck, there is no chance of getting an ace on the next card.            
          This continues until “the deal completes” (the culmination of all           
          outcomes in a given set), and then it starts over again (like a             
          fresh deck of 52 cards).                                                    





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Last modified: March 27, 2008