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Denunciation and the Illusion of Social Control: The Case of the Nevada Black Book

Published online by Cambridge University Press:  27 December 2018

Abstract

In Nevada, individuals me excluded from entering licensed casinos when their names have been listed by state regulatory bodies in what is popularly known as the Black Book. As a state regulatory procedure, Nevada's Black Book is officially aimed at excluding organized crime figures from the gaming industry. Beyond its manifest function, however, we believe that the drama of entering persons' names into the Black Book symbolically affirms the legitimacy of gaming and the efficacy of its regulatory body against perceived threats to the industry. Application of the procedure solely to the southern part of the state—Las Vegas— and chiefly to Italians reflects the group interests, culture conflicts, and stereotypes that underlie regulation of gaming. Central issues explored are the relationships of perceived threats to the origin and implementation of the Black Book; the perceptions of threat to the industry as emanating from those most alien to established groups; the sharp distinctions between the ethnic origins of the regulators and of those selected for inclusion in the Book; and the dramatization of the disreputability of those whose names are entered.

Type
Research Article
Copyright
Copyright © American Bar Foundation, 1995 

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References

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11 The idea that the “mafia” as commonly conceived is a myth does not originate with us. Indeed, while those in law enforcement, the public, and some criminologists hold to the mythical conception, a number of social scientists have concluded otherwise. For an overview of the research and arguments surrounding the myth see Dwight Smith, The Mafia Mystique (New York: Basic, 1975) (“Smith, Mafia Mystique”); John Galliher & James Cain, “Citation Support for the Mafia Myth in Criminology Text Books,” 9 Am. Soc. 68 (1974); D. Kenney & J. Finckenauer, Organized Crime in America 230-55 (Belmont, Cal.: Wadsworth, 1995).Google Scholar

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23 The state also made it clear in 1989 that “race, color, creed, national origin or ancestry, or sex” must not be a basis for inclusion in the Black Book. Nev. Rev. Stat. 463.151.4 (1989).Google Scholar

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25 It was not possible to ascertain all who have teen considered for nomination to the Black Book over the years. Nevada regulators consider this information highly confidential and believe that its public knowledge would jeopardize their ongoing investigations. The Las Vegas Metropolitan Police Department has also prepared cases for the regulators to consider for inclusion in the Black Book, but it, too, does not release this information to the public. However, on rare occasions, the names of some said to be under consideration for nomination to the Black Book have appeared in the press (Alan Tobin, “Convicted Felons among Nominees for Nevada's Black Book,”Las Vegas Rev. J., 5 June 1988, at 3B; Alan Tobin, “Gamers Face Black Book Backlog,”Las Vegas Rev. J., 5 June 1988, at IB). The coverage listed the names of 10 men who were said to be under consideration, only 2 of whom were later nominated and both of whom had Italian surnames. Of the remaining 8, 5 had Italian surnames, 2 Jewish, and 1 Anglo-Saxon.Google Scholar

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91 The social characteristics of those who make the choices as to whom to exclude are not nearly as discernible as those of the nominees. Although thorough searches at the Nevada State Library and Archives and the Nevada Historical Society resulted in much information, data on the regulators was largely incomplete. Even gubernatorial records were lacking biographical data on appointees. What information we were able to glean came from newspaper articles, obituaries, and various historical sources, including James Scrugham, ed., 2 Nevada: A Narrative of the Conquest of a Frontier Land (Chicago: American Historical Society, 1935); Capitol's Who's Who for Nevada. 1949-1950 (Portland, Ore.: Capital Publishing Co, 1949); Boyd Moore, Nevadans and Nevada (San Francisco: H. S. Crocker, Inc., 1950); R. Lee & S. Wadsworth, eds., A Century in Meadow Valley, 1864-1964 (Salt Lake City: Deseret News Press, 1966); E. Patterson, L. Ulph, & V. Goodman, Nevada's Northeast Frontier (Sparks, Nev.: Western Printing & Publishing Co., 1969); 2 Nevada, the Silver State (Carson City, Nev.: Western States Historical Pub., 1970); R. Lingenfelter & K. Gash, The Newspapers of Nevada. A History and Bibliography 1954-1979 (Reno: University of Nevada Press, 1984); Biographical Directory of the United States Congress 1774-1989. Bicentennial Edition (Washing ton: GPO, 1989); Mead Dixon, Playing the Cards That Are Dealt (Reno: University of Nevada Oral History Program, 1992).Google Scholar

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96 The use of surnames to determine ethnicity is a generally accepted practice in the social sciences. In addition, we have drawn on information available in the transcripts and media accounts that was relevant to the ethnicity of nominees. Because it has been a common practice for members of some ethnic groups, including Italians, to anglicize their surnames, we may actually have underestimated the number of Italians nominated to the Black Book.Google Scholar

97 To compare the percentage of Italians listed in the Black Book with that of Italians identified with organized crime over the same period would of course be misleading, since both the regulatory and law enforcement processes are driven by the mafia myth.Google Scholar

98 In a recently published article, the authors address the ethical difficulties encountered as a result of disciplinary definitions and allegiances regarding the groups dealt with in this research. Carole Case & Ronald Farrell, “Myths, Allegiances, and the Study of Social Control,” 26 Am. Sociologist 60 (1995).CrossRefGoogle Scholar

99 Although depictions of even the more nefarious nominees fighting their entry into the Black Book suggests that the stigma associated with the regulatory action may also have an impact on the individual and his family, our data do not allow us to systematically explore the action's socially isolating effects or influence on personal identity and behavior.Google Scholar

100 The use of a felony record as a basis for nomination and entry into the Black Book has been questioned in regulatory hearings. It has been established in hearings that felons— among them murderers, child molesters, and racketeers—have workcards that permit their employment in the industry, that some felons are licensed as casino owners, and that some in ownership positions have criminal histories like those of Black Book nominees; yet such individuals have not been nominated to the Black Book (NGC transcripts, 17 Dec. 1986, at 79, 94, 163–64). In one case it was established that the co-defendants in the crime for which the nominee had been selected for the Black Book had themselves not been considered, and that one had indeed maintained employment in the industry following his conviction for the crime (NGC transcripts, 18 Aug. 1985, at 35).Google Scholar

101 NGC transcripts, 1 Dec. 1978, at 19–20.Google Scholar

102 Our reading of the aliases, however, suggests that many, if not most, are simply nicknames—possibly acquired as early as childhood or given to the individual by law enforcement—shortened versions of the individual's full name, names prior to having been anglicized, and misspellings of names (largely Italian). If most of the aliases were creations of the men themselves, their remarkable similarity to the original names certainly raises questions about any intent at deception.Google Scholar

103 Turner, Gamblers' Money 75 (cited in note 10); Roemer, War of the Godfathers 324 (cited in note 16).Google Scholar