Casino nixes $57 million slot payout; jilted Swiss to sue

Sorry, but that $57 million you thought you won at the slots? Computer error.

That was the message that a casino in Bregenz, Austria, gave to Behar Merlaku, 26, after he got a really exciting return on a slot machine, the UK's Daily Mail reported.


Merlaku got only four of the slot machine's five required matches, but a winning bell went off and a flashing screen told him he had won the big jackpot on March 26, the Daily Mail said. But when the Swiss man tried to claim the prize, the casino operators blamed a software error and offered him $100 and a meal instead.

Now his lawyers say he's entitled to the huge prize and he plans to sue Casinos Austria AG; a court hearing is scheduled for Jan. 10. The Daily Mail said it's thought that such a civil action would be the largest of its kind anywhere in the world and the case is being keenly watched by gaming operators.

His lawyers say that when he refused the casino's offer, he was banned from the establishment. They say that the company said the slot machine manufacturer was responsible and cited Austrian law that jackpots cannot normally be higher than two million euros, the Daily Mail reported. 

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I think there was a software error that caused me to lose a lot of money in the casinos, can I get my money back ?

  • 75 votes
#1 - Tue Dec 13, 2011 6:08 PM EST

I have done the same but, the software error was in my head.

  • 23 votes
#1.1 - Tue Dec 13, 2011 6:30 PM EST

This will settle and everyone, including the lawyers, will be happy. Besides, it is just electrons in some computer anyway.

  • 3 votes
#1.2 - Tue Dec 13, 2011 6:48 PM EST

Well they will settle, but the guy deserves the money. Casino's don't complain when the winning bell doesn't go off and you lose. Pay Up or you will lose more then a few million, when people start staying away.

  • 20 votes
#1.3 - Tue Dec 13, 2011 7:30 PM EST

On a side note, the slot machine manufacturer is also making the voting booths in most states now. They have a 50yr contract and a nice annual bonus during election years.

  • 17 votes
#1.4 - Tue Dec 13, 2011 7:34 PM EST

If the machine said he won the jackpot, then he won the jackpot. Hope he wins! The casinos has won a lot more that off of people gambling every day. If the machine maker is responsible, even in part, they should help pay the jackpot!

  • 15 votes
#1.5 - Tue Dec 13, 2011 9:35 PM EST

If anybody doesn't want the 2,000,000 euros, let me know. I'm still shopping, and I can hit Liz's auction !

  • 2 votes
#1.6 - Tue Dec 13, 2011 9:48 PM EST

This is exactly why I haven't been to a casino for over 25 years. They behave like a mafia and treat you as if you're an idiot. God, I hate their guts!

  • 6 votes
#1.7 - Tue Dec 13, 2011 9:51 PM EST

Lie and cheat over money" who would of thought.

  • 5 votes
#1.8 - Tue Dec 13, 2011 10:14 PM EST

Why do people throw their money away at crooked casinos when they can throw it away in the crooked stock market which at least let's you think you're winning a little before they take it all back, and more... ...or the same game for different levels of 'sophistication'? If you like the machines, Pachinko is a much more interesting pastime than the slots. If you like the market, entrepreneurship is way more interesting than trading. Both Pachinko and entrepreneurship are still rigged toward the 'house' but not quite so much or so blatantly as slots and stocks and are more fun. And entrepreneurship can pay off way better than any of the others and certainly will engage the adrenals big time if that is what you like. Building something new seems somehow more positive than flushing money down the gambling crapper.

  • 4 votes
#1.9 - Tue Dec 13, 2011 10:30 PM EST

In most modern slot machines the displays are really secondary. The real outcome of the "spin" in in the computer inside the machine. As much as one could argue that the person only got four and not the required five matches, one could just as easily argue that the problem was with the display and that the internal computer actually said that they got the required five matches on the "spin." How much do you want to bet that the memory on the computer inside that slot machine is going to be somehow inadvertently wiped or the computer is going to be found to have crashed and destroyed the data. The casino is going to have to very sure that this is not just a display error before they are going to allow anyone who is not in their employment to get anywhere near that computer. If they do find it is a display error and the five matches really do show in the computer then that computer memory will be history before anyone else gets anywhere near it. This is no where near as cut and dry as some people seem to think. The displays on the slot machines you see today are really only there for the player to see the result and have nothing to do with actually determining the results of the "spin."

  • 19 votes
#1.10 - Tue Dec 13, 2011 11:47 PM EST

"On a side note, the slot machine manufacturer is also making the voting booths in most states now. They have a 50yr contract and a nice annual bonus during election years."

Yep hired by the GOP....

  • 1 vote
#1.11 - Tue Dec 13, 2011 11:52 PM EST

Eltex: Did you happen to read that this was in AUSTRIA? I seriously doubt the company that made the slot machines is making the voting machines for the states, since AUSTRIA doesn't HAVE states.

Ourdoc: AUSTRIA.... The GOP really doesn't have any control there.

For those that did not bother to read the article, and failed in world geography "Bregenz, Austria" is in EUROPE.

  • 1 vote
#1.12 - Wed Dec 14, 2011 1:02 AM EST

Certainly, it's going to be cheaper to settle than push through court; however, other gaming ops are going to be watching closely, and may even pitch in for defense, etc... as precedent may be set (perhaps one has been one way or another, not overly familiar). But, my guess remains.... settlement in the thousands, not the millions.

    #1.13 - Wed Dec 14, 2011 1:02 AM EST

    DaveWH,

    Corporations, which are people too, now, know no borders. I worked for an American company owned by an English company which printed the ballots for the South African vote that elected Mandela and printed currency for over 50 countries, including Great Britain. And they were interested in getting into American ballots and voting machines. Their chief competitor was Diebold, which made ATM's and voting machines as well as safes and vault doors like we did. Feeling safer now?

    • 4 votes
    #1.14 - Wed Dec 14, 2011 1:29 AM EST

    If the law limits max payouts to 2 million, that should've been the offer.

    Don't be shocked if the casino ends up shelling a whole lot more than that.

    • 2 votes
    #1.15 - Wed Dec 14, 2011 12:13 PM EST
    Reply
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    Merlaku got only four of the slot machine's five required matches, but a winning bell went off and a flashing screen told him he had won the big jackpot...

    If the Flashing Screen said that he won; he won. It's nice to be able to make the rules up as you go along.

    • 33 votes
    Reply#2 - Tue Dec 13, 2011 6:16 PM EST

    It's not making up rules if they are already posted. Slot machine rules are on EVERY slot machine. If it states that he needs five to win the jackpot, he needs five.

    • 18 votes
    #2.1 - Tue Dec 13, 2011 6:18 PM EST

    If you are eating a meal and the computer prints out a bill of one million dollars do you still owe it?

    Think

    • 26 votes
    #2.2 - Tue Dec 13, 2011 6:32 PM EST

    Earl-1443766

    You might be able to fight the bill; but I'm sure the waitress is still going to want her 15% gratuity.

    • 17 votes
    #2.3 - Tue Dec 13, 2011 6:38 PM EST

    Malicha, funny. The bad guy is always the casino but, right is right.

    • 5 votes
    #2.4 - Tue Dec 13, 2011 7:00 PM EST

    If I recall, at least in the U.S., there is usually a disclaimer...something to the effect "malfunction voids all pays"...only getting 4 of 5 symbols required and a jackpot message sounds like a malfunction to me.

    • 13 votes
    #2.5 - Tue Dec 13, 2011 7:23 PM EST
    Comment author avatarJosh BroganExpand Comment Comment collapsed by the community

    Was "Harry" Reid the judge ?

    • 3 votes
    #2.6 - Tue Dec 13, 2011 7:25 PM EST

    The computer 'error' could have just as easily been that the machine failed to display the fifth match... Since the machine indicated he was a winner, the burden is on the casino to prove otherwise.

    • 22 votes
    #2.7 - Tue Dec 13, 2011 8:01 PM EST

    Ray in Jax

    My thoughts exactly.

    The electronic slots of today are run by a time controlled computer chip which are individually programed and connected to the display.

    As Ray in Jax stated; the machine just failed to display the fifth match...

    • 6 votes
    #2.8 - Tue Dec 13, 2011 8:23 PM EST

    Josh Brogan, put down the bottle and actually read the article next time.

    • 2 votes
    #2.9 - Tue Dec 13, 2011 10:35 PM EST

    And the winner is....the lawyers!

    • 5 votes
    #2.10 - Tue Dec 13, 2011 10:37 PM EST
    Reply

    Here's a summary of the court case:

    Casino/Defense: "At this slot machine you were playing, how many matches are required to win the jackpot?"

    Merlaku/Prosecution: "Five are required."

    Defense: "And how many matches did you get?"

    Prosecution: "Four."

    ------case closed-----

    • 15 votes
    Reply#3 - Tue Dec 13, 2011 6:16 PM EST

    Why couldn't the computer error have been in displaying only four matches when it actually should have been five?

    This case is far from being 'cut and dry'.

    • 28 votes
    #3.1 - Tue Dec 13, 2011 6:21 PM EST

    In civil court, they're called plaintiff and defendant, not prosecution and defense.

    • 12 votes
    #3.2 - Tue Dec 13, 2011 6:23 PM EST

    Not necessarily. All we know is that there was a computer error; but was the error:

    A) that the 5th match should have come up

    or

    b) that the Flashing Screen shouldn't have come up

    When dealing with software, you can't assume a causal relationship between the match and the win. Causation probably occurs between a 'randomly' generated number and the proscribed outcome of that number. That outcome should be 'display 5 matches + win' or 'display 4 matches + no win'.

    Looks like the jury is going to get a crash course in C++ programming.

    • 8 votes
    #3.3 - Tue Dec 13, 2011 6:27 PM EST

    Really? Does it matter??? He has his lawyers 'defending' him. When I say defense, I'm pretty sure everybody here knows who I'm talking about.

    And how are you to even know? This is Austrian courts. The sides could be called something altogether different from both of us.

    That's not relevant though.

    • 2 votes
    #3.4 - Tue Dec 13, 2011 6:30 PM EST

    Raisa Ivanova: Are you showing us from where you are speaking?

    • 2 votes
    #3.5 - Tue Dec 13, 2011 6:45 PM EST

    It doesn't matter if the fault was with the display or the payout. All slot machines have the following statement on both the 'glass' and in the help screens:

    "Malfunction voids all pays and plays."

    Doesn't make a bit of difference what the malfunction was, this was obviously a malfunction and thus the payout is void.

    • 7 votes
    #3.6 - Tue Dec 13, 2011 7:09 PM EST

    Was Adolph Hitler an Austrian ? Just asking.

      #3.7 - Tue Dec 13, 2011 7:20 PM EST

      @JD in Vegas - you've inspected all slot machines in Bregenz, Austria?

      • 4 votes
      #3.8 - Tue Dec 13, 2011 7:45 PM EST

      Easy answer.

      The program recognized that the 5th match was made and went into the "Win" routine or subroutine. It should have done the routine after the match but some programmer was so involved that he put the "call" before the "Display. The "Win" routine stays there till reset by the casino so it never gets a chance to return to the "Main" to do the "Display." Happens all the time and gets past the QC almost every time.

      He has to get a sophena to examine the source code to find the error and then the casino operators have to prove that the "Display" DID run for the 5th non-match.

      • 4 votes
      #3.9 - Tue Dec 13, 2011 7:58 PM EST

      Depending on the speed of the computer running the machine, the computer may have " seen " the 5 match coming, and sounded the jackpot . If the display did not show, or showed only 4, that may be due to the computer sounding the jackpot before the 5 match appeared, and locked the machine. I think the guy will win, but only 2 million euros.

        #3.10 - Tue Dec 13, 2011 9:54 PM EST
        Reply
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        and cited Austrian law that jackpots cannot normally be higher than two million euros

        So what is normal..

        And for all of the shxthouse lawyers "that it had to be five and he only got four" what about the flashing banner that said you won, does that mean the "only four" was the software error and not the winning banner?

        • 5 votes
        Reply#4 - Tue Dec 13, 2011 6:25 PM EST

        Bet this guy might settle for 2,000,000 euros (which is what, over $2,600,000?). Bet that I might.

        • 1 vote
        #4.1 - Tue Dec 13, 2011 9:35 PM EST
        Reply

        Surely the kind folks who run the casino are going to do the right thing, surely. LOL!

        • 8 votes
        Reply#5 - Tue Dec 13, 2011 6:27 PM EST

        Slot machines are such a crock.

        The error was when the other 5th match didn't come up. The Machine got it right telling the man he was a winner.

        • 8 votes
        Reply#6 - Tue Dec 13, 2011 6:30 PM EST

        But there WAS an error - any malfunction voids all pays and plays.

        Since the play was voided, they may have to refund the amount he paid for that spin (they already offered more than that.)

          #6.1 - Wed Dec 14, 2011 6:38 AM EST

          Granted, in the US any computer error can void the play. Since this, however, was in Austria, the rules might be different there. But I'm sure they are still stacked in favor of the Casino.

            #6.2 - Wed Dec 14, 2011 11:11 AM EST
            Reply

            Wow, if you can't figure this out, stay in school.

            • 1 vote
            Reply#7 - Tue Dec 13, 2011 6:36 PM EST

            When I go to slot machines, they all have stickers that say something along the lines of, you don't win if in computer error. Sucks dude!

            • 2 votes
            Reply#8 - Tue Dec 13, 2011 6:43 PM EST

            Exactly... the machines usually have a sticker/sign that says "malfunction voids all pays and plays." If that's the case, I don't see how this guy has a chance in court.

            • 3 votes
            #8.1 - Tue Dec 13, 2011 7:02 PM EST

            They could claim that all winnig jackpots are computer error, take that sticker and stick it. I know I read all the fine print on slot machines. Get a grip.

              #8.2 - Wed Dec 14, 2011 1:21 AM EST

              Two points:

              The malfunction issue, Checksum error trapping and other verification has been around forever (well, 25+ years). If there is an error the machine should have signalled the error, REFUNDED the cash in play automatically, and taken itself off-line. The display argument is frankly dubious as the display AND the winner alert are both products of programming. What is the payout history of the casino and the "game" maker?

              The maximum jackpot issue, Since the machine has been publicly acknowledged to offer a 57million euro jackpot, although limited to 2million euros by Austrian law, the casino broke Austrian law. Makes one wonder how many other Austrian laws the casino breaks but won't admit. Just a tip to Americans, our casinos are rigged by the odds of the game and volume, regulated by the states, and are closer to home when you lose. Don't gamble with Austrian crooks.

                #8.3 - Wed Dec 14, 2011 1:52 AM EST
                Reply

                The story said the flashig did appear. the fifth one did not. who is at fault here?

                • 2 votes
                Reply#9 - Tue Dec 13, 2011 6:45 PM EST

                I would rather play poker then the machine.

                • 2 votes
                Reply#10 - Tue Dec 13, 2011 6:46 PM EST

                Might not have been an error - what a perfect way to game the system and never pay out... no matter if you hit all 5 and the winning banner appears... the 5th match doesn't show up and the company doesn't have to pay out. I find it very hard to believe that was an unintentional error.

                • 11 votes
                Reply#11 - Tue Dec 13, 2011 6:46 PM EST
                Comment author avatarNina Sheridanvia Facebook

                it wasn't his fault!

                • 1 vote
                Reply#12 - Tue Dec 13, 2011 6:50 PM EST

                It NEVER is his fault... ever.

                • 2 votes
                #12.1 - Tue Dec 13, 2011 7:22 PM EST
                Reply

                stick with craps, horses or cards. anything created by man with a computer chip attached is not gaming.

                • 2 votes
                Reply#13 - Tue Dec 13, 2011 6:50 PM EST

                Boycott the casino and then MAYBE they will pay the winner.

                Me... I do not gamble ... the house ALWAYS wins... even when it loses.

                • 1 vote
                Reply#14 - Tue Dec 13, 2011 6:54 PM EST

                He only got 4 of 5 so it's not a winner, no matter what else the machine was doing. It's like telling the ref, hey I made it to the one inch line, it's almost a touchdown, besides, the crowd is going crazy, they think I got in, so give me the touchdown.

                  Reply#15 - Tue Dec 13, 2011 6:55 PM EST

                  But it could be when tackled at the line and you actually managed to get it in but the ref didn't see and refuses to score it.

                    #15.1 - Wed Dec 14, 2011 12:37 AM EST

                    Jaymanto,

                    As I recall, as long as a controlled ball passes the opposing goalline, it's a touchdown, regardless of where play ends. The machine apparently saw the controlled ball cross the goalline. By the way, I have seen this occur, both in live play and on tv, 6 points in both cases.

                      #15.2 - Wed Dec 14, 2011 1:58 AM EST
                      Reply
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                      They had a guy here in Vegas get screwed out of a 400k jackpot on a Nevada nickles machine.
                      The casino claimed machine malfunction.And The Nevada courts agreed.

                        Reply#16 - Tue Dec 13, 2011 7:01 PM EST

                        There is a computer chip in all slot machines that allows the casino technicians to use a chip reader to check to see if it is a legit jackpot. If chip reader says it is not a legit jackpot the casino does not have to payout.

                        • 1 vote
                        Reply#17 - Tue Dec 13, 2011 7:06 PM EST

                        The article clearly states he only got 4 out of the 5 matches for the grand prize so we don't even need to read a computer chip. He didn't win the grand prize.

                        • 2 votes
                        #17.1 - Tue Dec 13, 2011 7:27 PM EST
                        Reply

                        They should have reached an equitable settlement rather than blowing him off. He played in good faith and they took everyone's money, but then when a goof they're responsible for occurs, they ban him? Austria should force the casino to shut down.

                        • 5 votes
                        Reply#18 - Tue Dec 13, 2011 7:13 PM EST

                        They didn't ban him for the slot malfunction. They banned him because he refused the settlement, thus signalling an intent to sue.

                          #18.1 - Wed Dec 14, 2011 6:45 AM EST
                          Reply

                          $100 is an insult.

                          • 7 votes
                          Reply#19 - Tue Dec 13, 2011 7:15 PM EST

                          Hey, they gave him a meal too, heheh..

                          • 1 vote
                          #19.1 - Tue Dec 13, 2011 7:34 PM EST

                          probably more than he walked in with.

                          • 1 vote
                          #19.2 - Tue Dec 13, 2011 8:23 PM EST
                          Reply

                          He only got 4 of the 5 required matches. It doesn't matter how many lights and bells went off he didn't get all 5.

                          • 1 vote
                          Reply#20 - Tue Dec 13, 2011 7:26 PM EST

                          but the malfunction could have been with the display and NOT the notification.

                            #20.1 - Wed Dec 14, 2011 7:30 AM EST
                            Reply

                            Obviously, they do not have the money. When funds are low, then there are computer glitches. I would have settled for a $100,000.00 and a free meal. And left it at that. Why try to obtain something that is not obtainable...

                            • 3 votes
                            Reply#21 - Tue Dec 13, 2011 7:30 PM EST

                            I would be standing in line for my 57 million dollars as well.

                            It will be interesting to see what the final settlement is.

                            • 3 votes
                            Reply#22 - Tue Dec 13, 2011 7:41 PM EST

                            I know nothing of Austrian law but I think girlfriend gonna get paaaaaeeeed

                              Reply#23 - Tue Dec 13, 2011 7:50 PM EST

                              This happens all the time in American casinos, but Americans operate under the assumption that they are going to get screwed at every turn so we don't hear much about it.

                              • 3 votes
                              Reply#24 - Tue Dec 13, 2011 7:52 PM EST

                              What a crock. If the limit is 2 mil Euros; Why advertise a payout of 57 Mil Euros?

                              Lot's of accounting needs to be done here.

                              Hahaha, I hope the casino loses what it rightfully has all ready lost.

                              • 7 votes
                              Reply#25 - Tue Dec 13, 2011 7:53 PM EST
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