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Is not paying back a casino marker a crime in Nevada?

Posted by Neil Shouse | Mar 17, 2015 | 0 Comments

Yes. Just last month the Nevada Supreme Court took up this issue again and upheld the constitutionality of NRS 205.130. If someone takes out a casino marker and fails to make good on it within the specified time, the court presumes the person had “intent to defraud.” It is very difficult to win casino marker cases because the burden of proof lies with the defendant instead of the prosecution.

Not paying back a casino marker worth less than $650 is a misdemeanor in Nevada carrying:

  • up to 6 months in jail and/or up to $1,000 in fines and
  • restitution

Not paying back a casino marker worth $650 or more is a category D felony in Nevada. The punishment for each unpaid casino marker carries:

  • 1 – 4 years in Nevada State Prison,
  • full restitution plus a D.A.'s fee (5% for markers worth $10,000 or less; 10% for markers worth more than $10,000), and
  • maybe $5,000 in fines

The D.A. is often willing to dismiss the entire case if the defendant pays back the money. In some cases, the D.A. will even dismiss charges if the defendant pays back the money in monthly installments over two to three years. But it is only very rarely that the D.A. will negotiate a resolution that permits the defendant to pay back any less than he/she owes. Read more information on Nevada casino marker laws and in our article, "Can I go to jail for bouncing a check in Nevada?"

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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