Texas Attorney General claims illegal gambling uncovered at Speaking Rock

Leaders of the Ysleta Pueblo Del Sur were in federal court Monday, addressing allegations of illegal gambling a two facilities.

The Texas Attorney’s General Office suspected that some of the sweepstakes games at Speaking Rock and the Socorro Entertainment Center were illegal, and sent two members of the criminal division to conduct an undercover investigation between 2007 and 2009.

Lt. James Ferguson testified in federal Judge Kathleen Cardone’s courtroom that he played some of the games at Speaking Rock. He described the atmosphere at Speaking Rock, saying it was a low-light atmosphere with a lack of windows that, “make folks stay because they lose track of time.”

One of the Tiguas’ defense attorney asked Ferguson if there was anything illegal about low light, to which Ferguson replied no.

When asked if Speaking Rock compares to casinos, Ferguson agreed and went on to describe the sounds: voices in the machines telling patrons to place a bet; bells and whistles;cartoon noises which stop when playing is finished.

Judge Kathleen Cardone then asked which devices concerned him to which he answered those with “consideration, chance and prize,” saying Speaking Rock had all three, and added that cash machines are illegal in Texas.

The defense then asked Ferguson if he had seen the sweepstakes rules prominently displayed inside Speaking Rock, and whether he had asked any workers for help on how to play the machines. Ferguson said no.

“You chose not to ask anyone right?” the defense then asked.

“Right.” Ferguson replied.

Ferguson also testified that he did not review case material or the order from the court, adding “I am not involved in sweepstakes, don’t know about sweepstakes gambling.”

Before Ferguson was asked to step down from the witness stand, the defense attorney compared a soda vending machine to the sweepstakes games at Speaking Rock. The attorney asked Ferguson, “If a customer bought nine Cokes from a machine and the last Coke had a tab that stated, ‘you just won $100,000 thousand dollars,’ would that make the Coke machine illegal?”

Ferguson said no.

The prosecution then called to the stand Lt. Tom Loper, who is also assigned to the criminal investigation division of the Texas Attorney General’s Office.

Loper described his duties in the investigation, which were to inspect and investigate two Tigua facilities — Speaking Rock and the Socorro Entertainment Center — and see if anything illegal was going on.

Loper noted the “the side of a van with Speaking Rock painted on the side and “come play and win Speaking Rock sweepstakes.” He then described a Spanish sign on the fence in the parking lot that he said tied the casino to gambling.”

The lieutenant was asked if he spoke Spanish to which he answered, “I don’t speak Spanish.” The defense attorney then asked him how can he know what it says, “if you don’t speak Spanish?” Loper replied that another officer who spoke Spanish read it to him.

Loper then described his winnings — and losses — inside Speaking Rock. Loper testified that he got winning vouchers, photocopied them, then redeemed them for cash. He said he won $200 and then between $20 and $50.

The prosecution asked him if the casino resembled a legal casino, to which he replied yes. He said the sounds when winnings were paid included coins falling into trays, and he described the low lighting and the endless rows of gaming devices, in addition to the to the vouchers redeemable for cash. Loper then estimated there were over 1,000 machines inside Speaking Rock and about 400 at Socorro Entertainment Center in Socorro.

The defense argued that just because a machine make sounds, doesn’t make it illegal.

The defense also questioned the state’s request for $50,000 to pay for the undercover investigation, arguing that the court allows inspections and that the Attorney General’s Office didn’t need to go undercover.

The prosecution then called Cpt. Captain Daniel Guajardo, to the stand. He testified that the cost of the undercover investigation cost the state $71, 937.27.

The defense asked the Guajardo if he participated in the investigation to which he answered no, adding that he had never been to Speaking Rock.

The defense then asked why they needed agents from Austin and San Antonio asking him if it took special training to take a dollar and put it in a machine.

The state is also requesting access to video recordings from Speaking Rock that the AG says will prove the Tiguas are breaking the law.

If the Tiguas are found to be operating an illegal casino, they could be fined for every single day they broke the law.