The Art of the Con (18 page)

In reality, con games, cheating, or acts of deception depend on the circumstance in which they occur and the actions of those being conned. There is no surefire method or guaranteed system to hustle a mark, but a series of objectives that contribute to the success of a sting. Con games can therefore provide writers and filmmakers with a never-ending source of stories, and while they might mostly be fictional, they can serve to expose or educate people about the possibilities that exist.

There is a natural attraction to con games because people are drawn to anything that seems clever or skillful. Con artists who manipulate people and cheaters who perform feats of incredible dexterity are fascinating to audiences and a handful of performers capitalize on this.

The master of this genre is Ricky Jay, who is both a highly accomplished magician and an authority on con artists and their methods. Jay brings this world to life through his shows and his written work, and I have no doubt that his friendship and professional relationship with David Mamet has been mutually rewarding since Mamet's insight into the nature of con artists seems to be in tune with Jay's.

Ricky Jay is also one of the finest sleight of hand experts I've ever seen. His live shows feature staggering demonstrations of skill as he easily locates the four aces and deals cards from any part of the deck to dazzle his audience. But, as Jay points out, there's a big difference between sleight of hand for entertainment and making moves at a card table. Whereas a royal flush dealt from a shuffled deck might result in a standing ovation for Ricky Jay, it might send a genuine “mechanic” to the morgue. In reality, a professional card shark would need only a tiny fraction of Ricky's skill, using just one or two moves to get the money without attracting attention. Jay is an expert showman in every sense of the word, but what he demonstrates is not reality but a fantastic compilation of show-stopping sleight of hand that would be mostly unnecessary, if not dangerous, in a real game. He's an entertainer who builds his shows around classic effects while sharing fascinating stories filled with colorful characters, incredible anecdotes, and unforgettable demonstrations.

Drama, pathos, action, and comedy make for great entertainment, but real-life con games are usually banal by comparison. In a scam, nothing dramatic really happens because in order to make something seem real, it should appear almost ordinary. On reflection, a con might be dissected into phases or elements, but even with the most outlandish scams, the victim is assured by a sense of normalcy.

This depends a great deal on the hustler's personality, but I have found that, even in the most extreme scenarios, a sense of calm certainty on my part helps to give the mark confidence and keep him on track until the sting. Melodrama can be useful, but it needs to serve a purpose, and the mark needs something or someone to anchor or guide him. I've threatened my TV marks with arrest, intimidated them physically, and orchestrated arguments or events to force a desired reaction, but most of the time this is just an ingredient or a convincer. It is in the calmer moments that I can convince the mark to move toward what he wants or needs.

It's possible to entertain and inform at the same time. In
The Takedown, Scammed
, and
The Real Hustle
, I had to film each con or heist quickly, which meant having to squeeze all of the elements together without much time to let the mark think. This created many challenges, but the cons are more exciting this way and it makes for better television, which is why our show ran for eleven seasons.

The Hollywood version of con men can vary from funny or charming raconteurs to cunning thieves who would stop at nothing to get what they want. It might seem that anyone could turn their hand to the art of deception if they knew a trick or two. In reality, though con artists come in all shapes and sizes, their raison d'etre remains the same:
to take whatever they can by any means necessary
. Without being able to detach from the repercussions of one's actions, it would be impossible to succeed as a con artist. Hustlers ruin lives without remorse, often blaming their victims for believing their lies. It takes a specific type of personality to show empathy, build conviction, and foster a relationship before betraying someone's trust without suffering an ounce of guilt.

In
The Sting
, the marks are all criminals who deserve what happens to them; in reality, hustlers prey on anyone worth taking down, and honest, hard-working people often make the easiest targets. I often hear the old phrase “you can't cheat an honest man.” In my experience, that's bullshit.

N
ot every hustler is a master con man. Most are just common criminals employing proven methods to prey on the unwary. A crooked genius might develop a new con or a clever twist on an old scam, but once it has proven successful, it can spread like a virus to less sophisticated grifters.

Online scammers quickly pick up on new ways to steal money. The Internet offers less risk and greater anonymity, so any variation or new idea quickly spreads to a swarm of digital deceivers. This ability to hide online allows almost any scam to be attempted there; but, in the real world, con artists are much more careful about adopting new ideas. Con games begin to grow once all the kinks have been worked out and information starts to circulate. A really great method for a scam might be kept secret for years in order to stop it from “getting out” and becoming overplayed, but eventually they are all shared or traded until the ideas reach the common herd.

In my experience, most hustlers care only about the potential score and take little to no interest in how or why their scams work. Occasionally, I've met individuals (such as HL) who may know a lot of cons, but ultimately care only about making money and looking for new ways to steal. While intelligence and cunning are common in con games, these qualities are often found more in the scam than the scammer. In real-life con games, played directly on a live mark, it's more likely that the con artist is smart enough to play the part and adapt to most circumstances; but online scams don't require much of a brain or personality to pull off.

It's important to note that not all con artists are experts in the art of deception. Many are simply street-smart crooks willing to do or say anything to take a buck; but the methods they employ are often the product of much more talented minds. Con games are built upon strategies that have proven to be very effective over time and become powerful tools in the hands of anyone willing to apply them. There's only one Shakespeare, but there are plenty of actors who try to re-enact the product of his genius. It is therefore in the best interest of the public to share these methods as widely as possible and to keep them high in the public consciousness.

The Internet has proven to be a powerful tool for scammers, but it can also severely limit the lifespan of an effective con. A good idea is quickly overused as the Internet becomes saturated with similar attempts to trick victims into giving up secure and personal information or get involved in the latest variation of the Spanish Prisoner or Pigeon Drop. News agencies and social media soon spread the word about the latest scams, but since most of us are now bombarded with information on a daily basis, the regeneration cycle for ideas (crooked or otherwise) has become shorter. New versions of old scams quickly reappear.

What remains constant are the underlying principles of hook, line, and sinker; almost universally, scams depend on the victim's circumstance and state of mind. Almost all con games are simply old wine in new bottles. By keeping the public engaged and interested in all varieties of confidence tricks, I genuinely believe it will become much more difficult to design and pull off effective scams. Why shouldn't ordinary people be armed with the same (or superior) information as those who might prey upon them?

In the coming chapters, we will explore many different types of scams to learn how the elements of “hook, line, and sinker” are employed to get the money. The principles remain the same and can be easily identified if you stop, think, and reassess any scenario. Always remember that con games are much easier to identify from the outside but surprisingly easy to fall for from the inside. The art of the con is in making an ordinarily transparent lie appear completely real to the mark. And, as in all seduction, the target is often blind to everything but his own desire.

There was a tidal wave at Coney Island, when I was a child, ripped up the boardwalk and did about a million dollars worth of damage, houses and everything. The only thing left standing was those little milk bottles.

—W
OODY
A
LLEN

T
he box was about three feet square and six inches deep, filled with shallow holes along the base that were numbered, seemingly at random, from one to six. The leather cup standing inside the box held eight marbles, each the perfect size to rest in the holes. On the counter was a printed game card that would turn these simple props into one of the most powerful con games of all time.

We set up our stall near the English seaside town of Bournemouth, close to the promenade and pier. Nearby, other stalls hosted honest games promising toys of all sizes to lucky players. Our prizes were considerably more attractive. Xboxes, flat-screen TVs, watches, and every kind of home appliance we could fit onto the back wall. Getting people involved was going to be easy. I had spent years trying to convince the network and my producers that this scam was worth using for an episode of
The Real Hustle
. In the end, it was simply added to the schedule for convenience, a filler between more interesting, sexier scams. I was the only one with any enthusiasm for it and expectations were low. But I had seen this little game before and had spent years working on the secret. This was more than just another item to me. I knew it might be the greatest little scam of all time.

Our first mark walked up and was soon hooked by our wall of merchandise and, as was traditional, I offered him a free throw to illustrate the rules of the game. Tossed from the cup into the box, the marbles rolled and bounced until all eight rested in random holes. I then picked up each of them, adding the numbers of the holes they resided in until I had a total. This random number was then compared to a game chart, similar to a monthly calendar, which was on display around the stall. The chart featured possible totals from an eight-ball roll, some of which would give the player points, while others rewarded him with a house prize (marked “HP” on the chart) or nothing at all. The objective of the game was to collect ten points, rewarded by winning totals, in order to claim one of the prizes behind me. If the player's roll added to twenty-nine, an extra prize was added but the cost of each roll was then
doubled
.

This seemed like a lot to take in for the player, but his first roll made everything clear. I counted his total to be forty-four and, checking the chart, this gave the player five points, taking him halfway to a winning score. I moved a little brass slider along the rail to indicate his points and told him that he could keep that score if he wanted to continue playing. Without hesitation, he reached for his wallet and we were on our way.

His first couple of rolls resulted in no more points, but eventually he rolled a twenty-nine. This, I told him, meant he could select a second prize to play for, but it also meant he had to double the stakes, each roll now costing double the original amount. On his next roll he got lucky and hit a fifteen, and another one and a half points were added to his score.

So it continued until he had stumbled onto twenty-nine several times, increasing his prizes but forcing him to spend more money to stay in the game. Occasionally he scored another half point until, finally, he was just one point away from winning a home filled with video game consoles and televisions. After just six rolls of twenty-nine, each roll was now costing thirty-two pounds and another twenty-nine would bring it up to sixty-four pounds! I watched as he pulled the last of the cash from his wallet and counted. He had enough for one last roll. If he scored one point, it would all have been worthwhile. He up-ended the cup and watched the marbles tumble and bounce until they settled in their holes. I counted each one and checked the chart. I moved the slider to nine and a half.