The Fouled Deck – Or is It?

Earlier this year I wrote a column about what happens when a deck has too few or too many cards. I always had been under the impression that the only rule in use for such instances read as follows: "Any hand dealt with an improper deck (one with too many or too few cards) will be considered a dead hand, and all monies involved will be returned to each player as long as the error is brought to the attention of everyone before the next hand is dealt."

After that column was published, I was made aware of a rule that is in place at some of the largest poker rooms in the country, mainly those in the Los Angeles area. This rule reads: "If a card of a different back color or two cards of the same rank and suit appear during a hand, all action is void and all money is returned to the players involved. If a player deliberately bets a fouled hand, that hand is dead and the player relinquishes all claims to the pot. The pot is then awarded to the best hand among the remaining players. If an irregular card is discovered in the stub, all action stands."

I don't like this rule. Take a look at some of the following examples and see if my theory is correct:

Hold'em – Player A looks at two aces (A A). Player A is heads up with Player B. The flop is 10 5 5. Player A bets, and Player B calls. The turn is the 2, Player A bets, and Player B calls. At this point, Player A has had no reason to look back at his hand, because there are no flush draws. The river brings the A. Player A bets, and Player B calls. Player A tables his hand and the dealer realizes there are two A.

According to the L.A.-area rulebook, Player A's hand is dead and Player B wins. Yet, Player A never had a real reason to look back at his hand to notice that his ace was indeed the A.

Seven-card stud – Player A and Player B are heads up from third street. Player A's doorcard is the 7. On sixth street, Player B catches the 7. Player B bets and Player A calls. Now, someone notices that both players have the 7 on the board.

According to the L.A.-area rulebook, both players have dead hands, as they both have deliberately bet their "fouled" hands. Who gets the pot now?

Seven-card stud – Player A is heads up with Player B. On sixth street, Player A has (A A) A 5 J J. Player B has (5 5) 7 10 2 A. Player A bets sixth street and is called. Player A, knowing that it's impossible for his hand to improve, takes his seventh-street card, mixes it into his downcards, pretends to look, and bets. Player B calls.

According to the L.A.-area rulebook, Player A's hand is dead.

Seven-card stud – On sixth street, three players remain. Player C has been betting the whole way and Player B has been calling with a flush draw. The betting on sixth street is done when Player A realizes he has the 7 on the board as well as one in the hole.

According to the L.A.-area rulebook, Player A's hand is dead, and Players B and C will play the hand out. Suppose that extra 7 was in the deck instead of the 7, which is the suit that Player B's flush draw is in. Because of the rule, Player B has to play the hand out after he has put all of his money into the pot when drawing to a flush for which there are 12 of his suit in the deck.

The L.A.-area rulebook allows for a hand that was played with an incorrect deck to be played to completion, even if the fouled deck is discovered before the next hand starts.

This rule is set up to punish a player who has not noticed an irregularity. The way they use the rule, it is designed (I think) to prevent a player from "freerolling" with a fouled deck.

Of all the times these scenarios happen, the chance that a player can actually get the cards placed in a way to allow himself to freeroll is minimal. When this type of situation happens, the most likely result is that the player will not notice it.

Because of this and the examples listed above, I think the best rule for poker is to make any fouled deck a dead hand – period.

Editor's note: Michael O'Malley can usually be found playing online at partypoker.com as Rzitup. To learn more about him, go to www.rzitup.com.