Last Monday, with the opening
in Las Vegas of the $550 million Stratosphere Tower,
casino complex and resort, Stupak was up. More than 8,000
invited guests were attending the premiere party, and
thousands more lined the streets outside, waiting to get
in. It was the culmination of years of work by Stupak and
his partners and he was being touted throughout
Glitzville as a genius and a visionary.
"This
tower," panted Lt. Gov. Lonnie Hammargren,
"will be the symbol of Las Vegas for all time. What
Howard Hughes didn't do, Bob Stupak has finished
off."
It
was a far cry from six years ago. That was when Stupak
was scrambling to even keep his state gaming license, in
the face of Gaming Control Board charges that he and his
companies Vacation Club and Vegas World had engaged in
"materially false, misleading and deceptive
advertising" nationwide - advertising, the board
said, that had damaged the entire industry.
"Vegas
World's deceptive advertising," said the control
board complaint, "reflects discredit upon the
reputation of the State of Nevada and its gaming industry
and undermines 'public confidence and trust that licensed
gaming is conducted honestly and competitively .. and
that gaming is free from criminal and corruptive
elements.'"
While
Stupak was advertising that patrons would receive
"$400 in dollar slot machine action good on dollar
slot machines located throughout the casino," said
the board, "In fact, patrons receive five dollar
tokens that may be used only on approximately twelve slot
machines that have a hold percentage far above the
industry average."
Other
Stupak ads, said the board, were promising "$400
LIVE ACTION - 400 one-dollar chips to gamble with as you
wish. Each chip is good for ONE PLAY, (win or lose), on
all even money bets for any table game (craps, blackjack,
roulette, etc.) That's 400 chances to win, and you may
wager from one to as many chips as you like on each
wager."
In
actual fact, said board investigators, "patrons
received $25 promotional chips that in some cases they
were not allowed to change, and in all cases, Vegas World
took the promotional chip and did not replace it with
regular chips, regardless of the outcome of the wager.
"For
example, if a patron places a $25 promotional chip on the
blackjack table and wins, Vegas World takes the
promotional chip and gives the patron $25, not the $50
that a patron would end up with if he played a regular
$25 chip and won.
"If
the patron loses," said the board, "he loses,
and if he wins, he breaks even.
"Therefore,
the $400 live action is really only equivalent to $200.
"Additionally,
patrons may only play craps on specially alterned crap
tables with the promotional chips."
Another
deception, said the board, was that "Vegas World
advertises that it is located on the Las Vegas Strip and
uses a photograph that makes it appear that Vegas World
is located right next to the Stardust, Frontier, Sahara,
and Desert Inn."
Stupak's
Vegas World also advertised, said the board, "that
its patrons will receive
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one of five free gifts valued between $189
and $1500, which is chosen at random by their computer.
In the vast majority of cases, the free gift received by
patrons was either a diamond ring that could be purchased
for far less than the retail value stated by Vegas World,
or a '6 day, 5 night Hawaiian vacation' that requires
that you purchase a maximum price airline ticet through a
designated travel agency so that the overall price of the
vacation is nearly as much as it would be without the
'free gift.'"
Finally,
the Gaming Control Board said, Vegas World had illegally
modified the slot machines used "for its various
promotions so that they have a theoretical hold that far
exceeds the industry average." Under Nevada gaming
law, any significant modification of gaming devices must
be approved by the control board, and these changes, said
the board, had not been.
The
board recommended that Vegas World be fined $300,000 and
that the company's "license be revoked, suspended,
conditioned, or limited."
The
next February, Bob Stupak entered into a stipulation with
the board that settled the complaint. The terms of the
settlement were that Stupak would pay a $125,000 fine and
that his gaming license would thereafter be conditioned
as follows:
"The
licensee shall, subject to the administrative approval of
the Chairman of the State Gaming Control Board or his
designee, establish and thereafter at all times maintain
a customer complaint resolution committee."
That
committee, while to be chaired by Stupak, was to
"have at least two other members who possess the
unconditional authority to resolve complaints and issue
refunds [italics added]."
The
purpose of the committee, said the agreement, was
"to review and resolve complaints from both
individuals and governmental agencies relating to
[Stupak's] vacation club packages."
How
much did this settlement cost Bob Stupak? After he sold
his Vegas World hotel-casino to the newly forming
Stratosphere Corporation, Stratosphere went public in
1995.
According
to the Intial Public Offering for the Stratosphere
Corporation, "The liabilities retained by Mr. Stupak
in connection with [Stratosphere's] purchase of the Vegas
World Assets were principally comprised of accounts
payable and accrued expenses and obligations for presold
vacation packages consisting of goods and services (cash,
casino chips and slot tokens, hotel room nights,
beverages at casino bars, show tickets, admissions to the
Tower upon opening and certain other goods and services).
"As
of January 31, 1995, Mr. Stupak's obligations for presold
vacation packages was approximately $25.6 million. The
Nevada Gaming Authorities have required that an
independent public accounting firm perform certain agreed
upon procedures with respect to the amount of such
obligations."
Sources
within the Gaming Control Board tell Electric Nevada
that Stupak's obligations for the vacation packages now
have been reduced to about $17 million.
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