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Thread: Former STRATCOM DCOM NJP'd

  1. #11
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    Quote Originally Posted by BURAWSKI View Post
    http://news.yahoo.com/gambling-nuke-...144601230.html


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    Found this article buried in the news feeds today. I think the Navy had more evidence then originally stated but decided to protect him and give him a lighter punishment. He wasn't just gambling, he was stealing. Had he not been a 3 star I am sure he probably would have been awarded a court-martial. It does say something about the state of the Navy's Nuclear Power Program.
    I don't understand why the NCIS had jurisdiction of this case at all. The criminal acts were committed off base. Obviously NICS requested jurisdiction and it was given. If the casinos had evidence why didn't they press for charges in criminal court? This was very obviously theft. He should have been prosecuted. It's possible though that he got a worse punishment from the military than he would have in the civilian courts. I guess that could be the reason off base courts were willing to give up jurisdiction.

  2. #12
    Senior Member BURAWSKI's Avatar
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    I think he lost credibility when he stated that he does not consider the game of Poker gambling, or that he felt he had a gambling problem at all.

  3. #13
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    Quote Originally Posted by BURAWSKI View Post
    I think he lost credibility when he stated that he does not consider the game of Poker gambling, or that he felt he had a gambling problem at all.
    I think saying poker is not gambling is incorrect...of course it's gambling.

    I've heard a lot of poker players claim it is not a game of chance, but rather a game of skill. That might have been what he was trying to say...some places make games of chance illegal, but games of skill are legal to bet on.

    What would make a "gambling problem"? I'm not sure there is any indication that he had serious debts...maybe he was an excellent player and made money at it? Maybe he was planning a post-military career as a professional? Does playing a lot of poker make it a problem?

    Granted...returned to casinos you have been kicked out of isn't a good sign...and the cigarette butt thing is a little creepy...

  4. #14
    Senior Member BURAWSKI's Avatar
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    I would define having a gambling problem when it comes to the point that the activity begins to have a negative affect on your life, much like other addictions like alcohol, drugs, food, etc.

  5. #15
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    Quote Originally Posted by BURAWSKI View Post
    I would define having a gambling problem when it comes to the point that the activity begins to have a negative affect on your life, much like other addictions like alcohol, drugs, food, etc.
    I agree. I'm not sure it was the gambling that caused his problem here...not all what evidence they have on him other than he used some fake chips that he claimed he found in the bathroom.

    If he found a counterfeit $20 bill while at the gym and tried to spend it at the juice bar, no one would say he has an exercising problem.

    I do agree, his getting kicked out of several casinos is an idicator of a problem...but we just don't have the details on why he was kicked out from the other ones.

    The article did say there was not enough evidence to court martial him...of course, it could just be a cover for the fact that 3-stars generally don't get court martialed.

    Crazy that he's still on active duty though.

  6. #16
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    Here is a little more information on this story from FoxNews

    In the statement, Giardina said he deeply regretted having not immediately surrendered to security officers the four chips which he said he found in a toilet stall at the Horseshoe. He said it was an "error of judgment" that he put three of the chips in play at a poker table, and said he was sorry that he subsequently lied in saying he had purchased them from a man in the bathroom.

    "I should have either told the truth or remained silent instead of lying about the events when questioned" by an Iowa state investigator on June 18, 2013, he wrote. That was two days after he played the fake chips and casino officials determined they were counterfeits.

    Doubts about the DNA evidence are summarized in an email exchange between a Giardina lawyer and an examiner at the Army laboratory that tested the DNA. In the emails obtained Sunday by the AP, the examiner affirmed to the lawyer that while the "major contributor" of the DNA found on the underside of the adhesive sticker that had been affixed by the counterfeiter was Giardina's, this did not necessarily mean he had touched the adhesive.

    The examiner indicated it was possible that the Giardina DNA had migrated onto the adhesive when an Iowa state investigator removed the sticker to confirm that the chip was phony. Giardina had handled the chip during the poker game, so his DNA would have been on the outside of the chip and possibly along the edges of the sticker.

    The examiner said either explanation — that Giardina had, indeed, touched the underside of the sticker, or that his DNA had migrated to the sticker while others were handling the chip — was equally possible.
    After reading this article I can see why NJP was used in lieu of a court martial. I'm not sure whether we can believe his story or not. I suppose his scenario also makes sense where someone leaves the chips in the bathroom on purpose and waits to see what happens when another person plays them.

    I still don't believe him, but he seems to be able to raise "reasonable doubt" and I can now understand why he wasn't prsecuted by civilian authorities and why he was subsequently offered a "sweetheart deal"

    Source for quotes: http://www.foxnews.com/politics/2014...cmp=latestnews

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    /threads merged
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