Push Casino Offshore

Paul Forsberg has vowed to continue his fledgling casino cruises despite being pushed farther offshore - from 3 to 12 miles - on Friday, following a ruling by the top Federal prosecutor for the Eastern District of New York.

"We're going the 12 miles. We had 55 people on Saturday night. The weather has been great. It was beautiful over the weekend," Captain Forsberg said Monday.

He acknowledged that weather, given the new limit, was a greater consideration, but said he would not change his plans for this fall - he intends to stop sailing by Nov. 1 - or next summer.

"Absolutely. Positively. We'll be starting in the spring, May or June, 12 miles, 3 miles, no difference," said Mr. Forsberg.

Twelve Miles Out

United States Attorney Zachary W. Carter determined last week that offshore gambling belonged nine miles beyond the state's three-mile boundary, under legislation passed by Congress last year to deter crime and terrorism.

Prior to the decision, Captain Forsberg's Viking Starliner was running offshore just outside the state's three-mile boundary, where those on board could play the slots, blackjack, poker, and roulette that are forbidden in New York State.

The skipper questioned the U.S. Attorney's decision this week, saying it was prompted by complaints from New York City Mayor Rudolph W. Giuliani, under pressure from political contributors with gambling interests in places like Atlantic City.

Giuliani Sought Ruling

Mr. Carter's interpretation of the 1996 amendment to Title 18 of the U.S. Code was prompted by a letter from Mayor Giuliani, expressing concern about the interest in running gambling cruises from New York and asking for a determination.

Mr. Giuliani has said the danger of infiltration by organized crime outweighed any economic benefits to the city.

It all began last December when the floating casino Liberty I began cruises out of Sheepshead Bay in Brooklyn. Since then, New York City has reportedly received over 30 inquiries from other companies wishing to use Brooklyn, Staten Island, and Long Island docks for the purpose.

The Starliner's "cruise to no where" began on Sept. 12.

Confident Captain

Bill Muller, a spokesman for Mr. Carter, said the 12-mile interpretation had been made in cooperation with the racketeering section of the Department of Justice in Washington, D.C.

"The [Federal] gambling statute refers to territorial limits, and they are defined as 12 miles," Mr. Muller said.

Mr. Carter's decision affects only vessels in his jurisdiction: Long Island, Brooklyn, Queens, and Staten Island. A similar interpretation has not been made nationwide.

Whose Waters?

Captain Forsberg said he thought the decision would be reversed. He pointed out that Florida gambling boats continue to operate legally just beyond the three-mile state limit.

"They've been doing it for six years," he said. "It's not an illegal act. If it's not Federal waters outside three miles, what is it?"

Mr. Carter's ruling will not withstand the scrutiny of the courts, Mr. Forsberg predicted. "Can you imagine all the lawyers?"