Is your suggestion that, in the entire course of U.S. legal history, no prosecutor has ever dropped charges because they decided that the individual did not commit a crime? If the Wired article is correct, basically, there wasn't a crime that the prosecutors could have got what had happened to fit. You might even call it a, "Legal loophole." In general terms, (not just casinos) that sort of thing is not completely unheard of and new laws are made and/or amended in order to fit the act that the Legislature (at whatever level) wants to be criminal into the law.

So, I would argue that it may often mean that they are not confident they can make their case and get a conviction, and then in perhaps fewer incidences, they simply decide that nothing that fits the definition of any crime was committed.

Also, why do you want so badly for what happened to be a crime?

Here's a link to the complaint:

https://www.wired.com/images_blogs/t...as-exploit.pdf

Here's the docket:

https://www.courtlistener.com/docket...states-v-kane/

Peruse yourself if you like, but here's a breakdown:

-Several months of motions for continuance, bond scheduling, conditions of bond, modified conditions of bond, motions to continue the trial.

-Motion to Dismiss (as to one of the charges filed) essentially for failure to state a claim as well as for vagueness.

-A few months of motions for an extension of time to file the response to the Motion to Dismiss as to that one count.

-Response filed:

-Reply to the response filed:

(Big emphasis on the fact that Nevada Gaming Commission approved the software, and any patron could have theoretically done the same stuff at any time. Any electronics were not a, "Protected computer," as they are publicly available around the clock.)

https://www.courtlistener.com/docket...states-v-kane/

-Bunch of nothing for several months, some continuances, then a change of judges.

-Recommendation of a Federal Magistrate Judge that the motion to dismiss be granted:

https://www.courtlistener.com/docket...states-v-kane/

-More continuances for months, another judge change.

-Counts two and three dismissed...by Motion made by USA: (This means the prosecutors believe the USA did not state a complaint for which they could be charged, even accepting all facts USA stated as correct):

https://www.courtlistener.com/docket...states-v-kane/

-More continuances

-USA moves to dismiss the whole thing, Count 1, the only one remaining.

https://www.courtlistener.com/docket...states-v-kane/

Clearly, they decided that they did not have a case or that it was unprovable. The motions to dismiss as to counts two and three (at the time Count 1 was still possible) indicates that USA definitely decided they had nothing illegal on them as to those two counts.