Arkansas Democrat-Gazette

NLR store owner fined $1,500, gets suspended jail term in gambling case.

He, 2 clerks caught up in raid

- JOHN LYNCH

The owner of a North Little Rock convenienc­e store, arrested after a gambling raid last year, was sentenced Monday to a one-year suspended jail term and fined $1,500.

Athar Hamid Anjum, 50, who has residences in Little Rock and Kenner, La., pleaded guilty before Pulaski County Circuit Judge Herb Wright to misdemeano­r conspiracy to keep a gambling house.

Anjum, the owner of the Valero store at 2541 Arkansas 161, and two employees were arrested Sept. 26 by North Little Rock police after a 12day investigat­ion into gambling at the gas station.

Arrested with Anjum were cashier Saleem Raja Shaik, 25, of Bryant and store clerk Diorinda O. Silber, 58, of North Little Rock. Each was charged with felony keeping a gambling house, which carries a six-year maximum sentence, but each pleaded to a misdemeano­r charge.

Shaik, represente­d by attorney Birc Morledge, was the first to plead guilty to conspiracy to keep a gambling house. He received a one-year suspended sentence and a $500 fine in May.

Silber pleaded no contest Monday to keeping a gaming device and was fined $500. Both she and Anjum were represente­d Monday by defense attorney Erin Cassinelli.

In a Sept. 14 late-morning raid, police seized $5,983, 14 video gambling machines, payout receipts and tickets, a set of locks and a bag of Skittles candy, according to a police report.

According to arrest warrants, three undercover officers had used a digital gambling machine with the help of three store workers.

One undercover officer played $20 of North Little Rock Police Department funds and won back $66 from the gambling machine, which was inside the gas station. Anjum verified the winnings and gave the officer the money from the front register.

The second officer played $20 and won back $12, with Anjum verifying the winnings and giving the officer money from the register.

The third undercover officer won $46 but was told by an attendant that he would have to return when an owner was present to get his winnings. When he went back later, Shaik told him he would have to buy $10 in store merchandis­e to get $36 in cash.

One of the undercover officers returned to the store and used $30 to win two tickets for a total of $7, and Silber told the officer to buy $2 worth of merchandis­e to get $5 in winnings.

Anjum had initially challenged the legality of the felony gambling charge. In arguing for the charge to be dismissed, attorney Jordan Tinsley described the machines at the Valero as “video amusement devices that customers could play for amusement and to obtain credits they could redeem for merchandis­e or, in some circumstan­ces, cash.”

Tinsley argued that the anti-gambling law should be struck down because the statute Arkansas Code 5-66103 is so vague that Anjum had no reason to believe the machines were illegal. The machines are also subjected to conflictin­g laws since they were licensed and taxed by the state.

“Here, the devices at the Valero allowed customers to purchase credits to be used in exchange for gameplay. Participat­ing in the gameplay rendered the player eligible for prize rewards. Under the plain language of the sweepstake­s statutes, these promotions constitute ‘a legal form of advertisin­g.’ Therefore, it was reasonable for the defendant to believe that his business activity constitute­d a permissibl­e promotion rather than illegal gambling,” Tinsley stated in written arguments. “One cannot expect the defendant to guess or speculate as to what is or is not permissibl­e when one statute allows the conduct and the other statute purports to prohibit the conduct.”

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