Can someone show me the link to the court documents in which Kane and/or Nestor were charged with straight up theft and/or possible embezzlement? No? Oh, because those charges were never a part of the underlying subject? Okay then.

That's not even close to what embezzlement means, unless one or both of them were employees of the casinos and/or had money entrusted to them by the casinos for casino purposes.

Basically, there were two charges that the prosecutors were even attempting to try. I know one was wire fraud and forget the other, but it's in that article somewhere. One of the charges they themselves decided they had absolutely nothing and the other of the two charges would have been a serious stretch. You guys can argue all you want about whether or not something should be a crime, and I'll have no part of that, but if the federal prosecutors had thought they could make any possibly applicable federal charges stick, then they would have went with them.

Depending on the letter of the law, there are perhaps states/localities in which the described action would be a crime, or at least, made to fit the definition of one of their crimes well enough. This action could also become a crime, (at any level) but even if it had, you can't retroact it to past events prior to the crime becoming a law.

(All Quotes below are from KewlJ)

Mickey and Axelwolf seem certain that Singer knows what the proper instructions or sequence was. I accept that. My only question is did he know it at the time or is this information he came into after the fact, perhaps long after the fact? There are numerous ways to now have gained this knowledge after the fact, especially after this story became public years ago.
Who cares when he figured it out or if he did at all? It's not going to change my checking account balance to know for sure whether he knew it at the time or not. Any accusations that he did not (even if based on past posting history) are just accusations that can not be proven anyway. As they say, "You can't prove a negative."

I also want to quote and second this post by Mission, because I have been saying this for days now. Singer's explanation that this was all a big deflect to protect this play just doesn't work. All he had to do to protect this play was say nothing. And if you were to take Singer at face value now (which I am unwilling to do) there is also the fact that he intentionally mislead players by insisting his progressive betting/stop limits/special plays strategy (which has nothing to do with this latest revelation) was a winning strategy, when it was and continues to be mathematically impossible. And in fact he continues to double down even today, that he successfully played that strategy and made a lot of money, when again it is mathematically impossible.
It's really not my intention to be a proxy for you guys arguing with each other. Although, I will say the fact that each of you have agreed with me on different points probably says something.

I also still have a problem with the play itself whether Singer executed it or not. Manipulating a machine to pay money on a win at a level you were not playing and did not win on is wrong. It's dishonest. It's cheating. And it is illegal. People here seem to want to justify this by saying Kane and Nestor weren't convicted. Well OJ wasn't convicted of murder but he still did it and it's still wrong and a crime.
The jury in the OJ case did not decide that murder is not a crime, they decided that OJ did not commit murder. Pretty big difference.

Wrong-Opinion (I probably kind of agree, but that wouldn't stop me in this case. I'll reevaluate my moral integrity when I'm sitting on a couple million. Also, I probably would not hit a small independent place.) .

Dishonest-Opinion (What's dishonest? Who are you lying to? Shit, Kane even tried to tell the attendant the first time and the attendant just laughed it off. The machine is saying, "Jackpot," not me.)

Illegal-HUGE OPINION (How? Demonstrate illegal. They couldn't charge them with anything at the Federal level, you don't think they would have if they had something?)

Also, there is a difference between civil legality and criminal legality. Technically, a casino could bring a case against a patron for whatever it wants to and vice-a-versa. That case might be dismissed for any number of reasons, (including not fitting the statute they are bringing the case under) but you can file a case claiming whatever you want to. Might civil law have been violated on this one? Maybe, but if any casinos sued either of the guys civilly (and I'm not saying none did) I haven't seen it.

Others want to say all they did was push buttons and that's not illegal. Pushing buttons on a computer is also not illegal, but doing so to hack into Bank of American and steal information or money IS. And that is pretty good comparison. Bottom line is wrong is wrong justifying it because you think it is advantage play, because it's the casino industry or just because AP's want the money, doesn't make it right. Manipulating a machine to pay money at a level you didn't win is WRONG. Accepting that money is WRONG. You guys can pretend you don't know the difference between right or wrong, but you are lying. You are choosing not to care. That is basically what criminals do.
It would be a good comparison if there were case laws to show that both of those things are crimes. I think you'll find a case on bank computer hacking without looking particularly hard.

Wrong-Again, opinion. I will definitely stipulate, "Unfair," still haven't decided if I go as far as wrong. Again, wouldn't stop me in this case. Too much money, cost/benefit analysis looks awesome.

CELEBRATE-I'm not celebrating anything. I didn't make a dime off of those guys doing that, what do I have to celebrate?