Can I be arrested or sued for cheating at a casino in Nevada?

In Nevada, cheating at a casino is both a crime under NRS 465.083 and grounds for a lawsuit.

Cheating at gambling is a category C felony, carrying one to five years in prison and up to $10,000 plus restitution. Subsequent convictions carry the same penalties, except they are category B felonies with a maximum prison term of six years.

Casinos can also sue you for cheating at gambling. In these cases, casinos typically bring charges for fraud, unjust enrichment, and breach of contract, and they seek compensation for the money you allegedly obtained through cheating (plus attorney’s fees).

Meaning of “Cheating”

Under Nevada law, cheating at gambling occurs when you “alter the elements of chance, method of selection, or criteria which determine” the results, amount of payment, or frequency of payment in a game.¹

In short, doing anything that may change the odds or payouts of a casino game is unlawful. Cheating is a crime even if you do not end up winning extra money: All that matters is you tried to gain an unfair advantage.

NRS 465.083 applies all throughout Nevada, from the largest casinos to supermarket slot machines. Considering Las Vegas and Reno depend on gambling for revenue, it is no surprise that the authorities take cheating allegations very seriously.

You can be prosecuted criminally and civilly for cheating at gambling in a Las Vegas casino.

Examples

Common forms of cheating in Nevada include using fake chips or counterfeit coins and stealing cards. Other forms of cheating I see include:

• Chip dumping: This involves at least two co-conspirators, and one deliberately loses their chips to the other(s).
• Marking cards: Placing little marks, crimps, or other alterations on cards so that you can recognize them and make your plays accordingly.
• Past posting: Making a bet after you already know the game’s outcome (this happens most often in fast-paced table games).
• Slight of hand: Using magician-style maneuvers to trick the dealer and/or other players.
• Switching cards: A common example is switching a bad card with a better one you have hidden up your sleeve.
• Using cameras or phones: This involves using electronic devices to gain information about the cards, state of play, or the outcome of games.

Note that merely attempting or conspiring to cheat violates NRS 465.083 even if no cheating ends up occurring. Attempts and conspiracy to cheat are category C felonies carrying one to five years in prison and up to $10,000 plus restitution.²

Using sleight of hand is a potential form of cheating at gambling.

What about counting cards?

Counting cards is not a crime in Nevada since you are not changing or manipulating anything. However, casinos can still ban you from the premises if they suspect you of counting cards; in fact, casinos routinely ban players who win too much whether or not they are caught counting cards.

Note that if a casino asks you to leave and you refuse – or if you come back after being told to leave – you could face criminal charges for trespass. This misdemeanor carries up to six months in jail and/or $1,000 in fines.³

Counting cards is not a crime in Nevada.

How Cheating Arrests Occur

If you are suspected of cheating at a Nevada casino, their personnel may question you and review any available surveillance video of the alleged incident. You can also be detained “in a reasonable manner and for a reasonable length of time” until law enforcement arrives.⁴

The police will then conduct their own investigation on-site. If they believe there is probable cause to believe you cheated, you will be arrested. In Las Vegas, these cases are typically investigated by the LVMPD’s Financial Crimes Unit.

A common defenses to NRS 465.083 charges is lack of intent to defraud.

Can I be sued if I was not convicted?

Yes. Civil lawsuits and criminal cases are completely separate. Casinos can sue you for cheating even if you are never arrested, charged, or convicted. Even if you are found “not guilty” of cheating in a criminal trial, casinos can still try to sue you for cheating.

In fact, we have seen cases where people were acquitted of cheating but were found liable in a civil lawsuit. This can happen because the burden of proof in criminal cases – beyond a reasonable doubt – is much higher than in civil cases, where the plaintiff only has to prove their case by a preponderance of the evidence.

Can I be convicted if I was not sued?

Yes. As stated above, civil and criminal cases have nothing to do with each other. You can be convicted of cheating at casinos if you are never sued or even if you are sued but then win the lawsuit.

If you are convicted of cheating at gambling, the court will order that you return any ill-gotten gains.

Fighting the Charges

Here at Las Vegas Defense Group, I have represented countless people charged with casino-related crimes, including cheating. In my experience, the following three defenses have been very effective at getting NRS 465.083 charges reduced or dismissed.

1. You never cheated. Perhaps the whole situation was an innocent misunderstanding, and your actions were misconstrued. As long as the D.A. cannot prove beyond a reasonable doubt that you cheated, your case should be dropped.
2. Your intent was not fraudulent. Making a mistake of having an accident is not fraud, even if it changes the odds or outcome of a game. I find that prosecutors have a very hard time proving fraud because there is no way for them to get inside of your head.⁵
3. The police committed misconduct. If the evidence in your case was found through an unlawful search or seizure, I would file a motion to suppress the evidence. If the judge grants the motion, the D.A. may then be left with too little proof to continue prosecuting you.

Cheating at gambling is always a felony, even if you walk away with no money.

Additional Resources

If you or someone you know is struggling with a gambling addiction, refer to the following:

• Gamblers Anonymous – 12-step argument to overcome a gambling addiction.
• National Problem Gambling Helpline Network – Call 1-800-GAMBLER for local resources, including in Nevada, provided by the National Council on Problem Gambling (NCPG).
• Compulsive Gambling – Informational article by the Mayo Clinic about what constitutes a gambling addiction.
• How gambling affects the brain and who is most vulnerable to addiction – Monitor on Psychology article about the neurological consequences of gambling.
• Gambling Addiction: Resources, Statistics, and Hotlines – Information compiled by the University of Nevada, Reno.

See our related articles on unlawful acts re. gaming equipment (NRS 465.085) and gaming fraud (NRS 465.070),

Legal References