The Defense that Overwhelmed Its Crime

The theft of $4,000 from a Choctaw casino in Oklahoma led to a legal defense worthy of a larger heist.

In 2010, Kerry Raina Bryant had won 90 cents playing the dollar slots at the casino, and was cashed out by her sister (and later co-defendant) who paid her $4,000.91, later splitting the proceeds with her.

She was convicted of the theft and appealed January 5 to the U.S. 10th Circuit Court of Appeals, which upheld her conviction, two-year term of supervised probation, and restitution.

The transaction was all on camera, but that didn’t stop Bryant from crafting a creative defense.

First, she contended the law was against employee theft at an Indian gaming establishment and it would not apply to her because she was not a casino employee.

Then she acknowledged an aiding and abetting law would apply, but since it applied to crimes against the United States, it wasn’t relevant in her case because the Choctaw tribe “is not the United States.”

The court, however, was unconvinced. Among other things, it insisted that there had been a crime against the U.S. because the crime was against a gaming establishment licensed by the National Indian Gaming Association and located on territory “subject to the jurisdiction of the United States.”


Comments are closed.

Credit Card Identification Number

This number is recorded as an additional security precaution.


American Express

4 digit, non-embossed number printed above your account number on the front of your card.


3-digit, non-embossed number printed on the signature panel on the of the card immediately following the card account number.


3-digit, non-embossed number printed on the signature panel on the back of the card.

Enter Your Log In Credentials

Send this to a friend

I thought you might find this interesting:
The Defense that Overwhelmed Its Crime