Sikh suing card master touts man’s ‘technique': Defamation of character to be added to lawsuit.

The Santa Fe New Mexican (Santa Fe, NM) January 10, 2006 Byline: Tom Sharpe Jan. 10–An Espanola Sikh who claims he was wrongfully banned from a blackjack seminar says he will add charges of defamation of character to his lawsuit against the seminar’s teacher for comments the teacher made in the printed edition of The New Mexican and on its Web site.

Guru Sant Singh Khalsa last month sued Richard Harvey and the Albuquerque firm that produces his blackjack seminars, claiming Harvey breached a contract by telling Khalsa he can’t attend an upcoming seminar in Denver. go to website defamation of character

Khalsa said Harvey accused him of being an undercover agent for casinos that want to oust anyone using his blackjack system.

Harvey denied Khalsa is banned or that there was a contract. But he said he will admit Khalsa only if he provides photo identification or other proof that he is not working for casinos. Khalsa has refused to do so.

“I have a right to bar people from my seminars, and I will bar whoever I want,” Harvey said last month. “Now if somebody’s suing me, I’ll tell you right off the bat, he’s not coming to my seminar. … We have not sent his money back, but I will.” While Khalsa and Harvey square off in court, Khalsa credits Harvey for developing blackjack technique so effective that, Khalsa said, he doesn’t believe he is violating the Sikh taboo on gambling. Although he acknowledged other Sikhs might disagree, Khalsa said Harvey’s technique makes blackjack like real-estate speculation.

“I compare it to buying a piece of real estate, when you know the market and you know what you’re buying,” he said. “Certainly, it’s somewhat of a risk, but it’s a calculated risk.” He said the system involves counting cards and watching how the dealer shuffles.

Khalsa was born in the United States. He said he converted to Sikhism in 1979, adopted traditional Sikh names and moved from Los Angeles to New Mexico in the early 1990s. He earns a living substitute teaching in the Pojoaque schools and speculating on real estate.

Khalsa said he often goes to the Taos Mountain Casino because it is nonsmoking and he gets “nicotine poisoning” at the other American Indian casinos where smoking is allowed. But he said he is careful not to win so heavily that he would be ousted or draw undue attention. go to website defamation of character

“As long as it’s fun and entertaining, I think it’s fine,” he said. “When it becomes something of an obsession or something you have to do … doing it as a living, trying to do it every single day, mechanically, it becomes a drag and gets to be kind of boring. …

“I certainly don’t do it as a living, but I like the idea of going into a casino and knowing that I have an advantage in playing against their system and beating them. That in itself is kind of cool. People gather around me … and they start asking your advice, ‘Should I stay or should I hit?’ ” Harvey told The New Mexican last month that he is famous for his books about blackjack, including Blackjack the Smart Way. “I’m a little bit miffed that you folks call me when there’s a lawsuit, but you didn’t ever write about me,” he said. “I’m considered one of the top blackjack guys in the world, and you guys have just totally ignored me.” But after a story about the lawsuit appeared Dec. 23 in The New Mexican, Harvey wrote The New Mexican Web site to say the story was inaccurate and had ignored the larger aspects of the story, such as Khalsa “stalking” him and creating a “KGB-like intrusion.” Harvey said he became suspicious of Khalsa after he saw an Albuquerque magazine with a cover photograph of an AKAL Security executive who looked like Khalsa.

Khalsa said the executive featured in the magazine is Daya Singh Khalsa. Guru Sant Singh Khalsa said he has never worked for AKAL Security, a national firm that was founded by New Mexico Sikhs and has done security work for local Indian casinos. He said he refused to provide Harvey with photo identification “on principle,” but added, “How can I prove a negative?” Khalsa said an acupuncturist in Espanola also has the name Guru Sant Singh Khalsa. The first two names mean “servant of the guru.” The last two names are the traditional Sikh surnames.

He said he once unsuccessfully sued the U.S. Department of Defense for banning Sikhs with long hair, beards and turbans from joining the military.

Both Khalsa and Harvey have indicated they might settle out of court.

Khalsa said Friday that his lawyer, John Aragon of Santa Fe, planned to file an amended complaint, adding the charges of slander and defamation of character because Harvey accused him of illegal activities, such as having a sports-gaming business.

“It’s clearly illegal to take bets on sports, and I have never done that, and I certainly don’t want people thinking that I do,” he said.

Khalsa faxed The New Mexican a copy of the amended complaint Friday, but said he was unable to file it by 5 p.m., so he had planned to file it Monday morning. The New Mexican is not named as a defendant.

Harvey was not available for comment Friday. Khalsa said he has not yet been able to serve Harvey with a subpoena to appear in court to answer his complaint.

Distributed by Knight Ridder/Tribune Business News.