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Doesn’t one have to volunteer to be a Mark?

Yes but apparently a lot of people are really stupid or utterly lacking in self control so they need the government to smack their patties.

I blew $5 on 3 card monte in Detroit a few years ago. I knew I wasn't going to win so I considered it paying the guy to perform his act. He was no less honest than a casino aside from the fact that he wasn't paying taxes or protection money to a city council member.

Have you ever experienced this first-hand? Yes, technically, you do have to make the willful decision to participate.

But the mark doesn’t know he is the mark, that’s how this succeed.

There will be a crowd. You’ll walk up to the makeshift table. They’ll be playing the game and two or three guys will be in the crowd gambling, some winning some losing, throwing down serious money. Then they keep losing. You know it’s a scam. You look around at the other people watching who are not playing. The dealer is talking to them, trying to get them to play. Ah! you say. That one is the mark. He plays. He loses. Knew it! That guy steps away. A few more plays with the two other guys who are obviously a part of the scam, throwing down the big bills and not caring too much when they lose. Then you see they pick another mark. They call her out. She plays. She wins! Everyone congratulates her. She has a good eye. She plays again and loses. Ah, too bad.

But you have a good eye. You keep watching the game and you have the correct position 3 for 3, then 5 for 5. My gosh, ten times in a row you knew exactly where the card or pea was. You DO have a good eye. Dang. How can those guys not see where it is. The dealer can’t move the shells or cards fast enough for your eye. There! That’s 12 for 12.

OK. $10 won’t hurt. I won!

Double down.

A few moves and you’re up $40. Sweet!

Double down. Then again. Then again.

Wait. How’d I miss that one? I was as sure as all the other times that I knew exactly where the pea or card was.

Damn. I just lost $?? of my own money. How’d that happen.

No, I never lost money because I never played. I realized just in time that I was the mark.

“Doesn’t one have to volunteer to be a Mark?”

Indeed:

“That was an interesting one,” he said, gesturing to his teenage son. “I taught him something.”

BTW, as far as I can tell, he taught his teenage soon that dad is a fool (which the son probably already strongly suspected anyway.) I thought only Clark Griswald could lose at three-card monte and claim he was teaching his son Rusty a valuable lesson.