Considering that many of Bertoncini's past cheats involved dexterity, it seems unlikely that he could accidentally draw an extra card without realizing it. And, of course, having been asked how many cards were in his hand, it's pretty easy to count.
Having read the Reddit thread and heard from the judge in question that infractions aren't carried on past a given tournament, I don't feel that a past record of infractions is much of a tool for judges to detect cheating.
http://www.reddit.com/r/magicTCG/com...me_play_error/
The friend in question responded to the reddit thread here.
Alex B. has cheated before, but he's already been punished for that. The DCI doesn't assign penalties for being a bad person, only for violating rules. His penalties shouldn't get automatically upgraded just because of his history; otherwise, why would they bother taking him off suspension?I probably should take CJs hind site advice and not post, but I think this will clear it up a bit.
So I was standing behind my friend at the time when this happened.
Alex: "I'll keep" Friend: "How many cards do you have in hand?" Alex: "7"
He said it immediately without fanning through. Like CJ said, that's the default answer.
Friend then leans in to look closer and says "7?" I can't remember if Alex nodded or said yes here. Regardless, he didn't actually count his hand twice but agreed with 7 twice.
Friend: "Can you lay them out for me? I can't see. Oh look at that, 8. Judge!"
I play a lot of magic and I know that things like this can happen. (I've never had it happen to me but I mean, sleeves do stick.) Even standing right there I was unsure of it being an accident or not. If it wasn't Alex I don't think I'd consider it being anything other than an accident. It's hard not to consider his past when you see something like that happen.
kc.hogan is a judge, so he's speaking objectively from that perspective.
I do agree though that cheaters should be expunged from the community. Cheating is the worst crime you can commit in the context of this game, and it should merit the ultimate punishment of lifetime banning.
There should be a probation for such heavy cases of cheating like in Bertoncini's case - if they're catched cheating again, life-time ban. End of story. They're toxic for the game and they deserve neither pity nor mercy.
It's a joke that he can still go around and cheat like nothing's happened. That's just about as dumb as the case where a pedophile rapist was sent to kindergarden for community service. If this recent accident proofs anything, then that he's going to do it again.
And what's up with that pansy-ass punishments? If you draw too many cards, game loss, end of story. As long as the potential gain outweights the potential downside, cheating is going to be rampant in Magic as long as money is on the line.
Yeah, because miscounting is cheating too right?
I think we should let players judge each other for a round at Comp REL and see how many are not DQ'ed by each other for any possible reason.
There's a reason there are judges and players baying at the moon for blood here is an an excellent example of why.
If you draw too many cards, it is. It's hard to believe that people can mesmorize hundreds, if not thousands of cards, but aren't able to do grade school maths.
The difference between accidental mistakes and intentional cheating is a balancing act.
It's just inconsistent to judge the same thing in two different ways. Actually, it encourages cheating and being a total scumbag in one than more way - for one, the punishment is less harsh, but what if I notice that my opponent has one card too many and wait until R2 to go "Wait, how many cards do you actually have? JUDGE!" to give him a game loss this way? There's no way to proof that you noticed it before.
Drawing too many cards at the beginning of the game is not a game loss because that would be an overly harsh penalty for someone who mulligans to 7 accidentally, a very common mistake. That said, there is a big difference between mulling to 7 and drawing 8. That, the (possible) lying about how many cards he had, and the prior history of cheating all would indicate that a harsher penalty is warranted in this case.
Rules need to reflect reality. The rules state that prior infractions and disciplinary action won't factor in the judge's decision, but in reality, a person's history of cheating should be taken into account because that's what you do in reality.
To me whatever happened recently is moot because I still think anything less than a lifetime ban for this kind of cheater is too lenient. This isn't like real life where people are rehabilitated (like federal 'rape your ass' prison in America or other programs) and there is a difference between cheating in a game that you choose to participate in compared to real life. The punishment given literally only meant that he couldn't cheat his way to more winnings for a while, essentially no negative consequences at all. He is just going to keep going to try and win as much money as possible until he is banned for life.
He chooses to do it because he wants to. Not being allowed to do what you want is a punishment.
This thread makes my face hurt.
I think everyone should stop to think about what he's getting banned from. This isn't a life sentence in prison sort of thing, it's the inability to play in sanctioned events for a card game. A lifetime ban doesn't stop him from playing EDH with his buddies or buying a booster box to draft with, it prevents him from winning money and prestige at competitive events. How is cheating multiple times and on camera not enough of a reason to ban someone for life for that? If you can't play by the rules when literally thousands of dollars are at stake, how can anyone justify him not getting a lifetime ban?
We're not exiling him to Antarctica or cutting off his hand, the penalty isn't even "stop playing magic altogether," although even if it were that seems fitting.
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