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Gagliardi played reportedly had less than 90 percent RTP on their
slot machines and the amount of RTP from the casinos varied, and
that the maximum RTP on the “class 2” slot machines Mr. Gagliardi
played was 90 percent. Furthermore, on the basis of Mr. Nicely’s
report and testimony, we find that it is more likely that Mr.
Gagliardi’s expected wins or losses were accurately reflected by
either the 83 percent or 70 percent RTP figures Mr. Nicely used
rather than the 90 percent RTP calculation.
Respondent attempted to discredit Mr. Nicely by claiming
that Mr. Nicely incorrectly calculated that Mr. Gagliardi played
slot machines at a frequency of six times per minute, which was
more often than Mr. Gagliardi actually played. Mr. Gagliardi
played the slot machines at the casinos at a frequency of at
least four to five times per minute during the years in issue.
In his expert report, Mr. Nicely used a figure of 250 bets per
hour for his calculations. This amounts to approximately 4.17
bets per minute (250 divided by 60). Accordingly, we find that
Mr. Nicely used a conservative, and reasonable, number of bets in
his calculations to determine that there was only an
infinitesimal chance that Mr. Gagliardi won money (i.e., net)
gambling on slot machines during the years in issue.
Furthermore, Mr. Nicely testified that regardless of his
calculations and methodology for determining Mr. Gagliardi’s
gambling losses, if Mr. Gagliardi spent all of his slot machine
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Last modified: March 27, 2008