Defendants charged with unpaid casino markers (NRS 205.130) in Nevada might be able to do a payment plan to avoid incarceration. And once the entire amount is paid in full, the D.A. may agree to dismiss the casino marker charges completely. But prosecutors are not obligated to offer payment plans, and they treat each matter on a case-by-case basis. Not paying back casino markers can result in a hefty prison sentence and fines in addition to restitution orders.
What are casino markers in Nevada?
Nevada casinos offer eligible players a line of credit (marker) to gamble with. Nevada law treats these casino credit lines like checks. Players are expected to pay back these markers within a specified time frame (usually 30 days).
If the player does not pay by the deadline, then the casino tries to redeem the marker at the player’s bank. If this transaction bounces, then the casino warns the player through a certified letter that he/she has 10 days to make good on the casino debt. Otherwise, the matter goes to the District Attorney’s Office for good. In Clark County, all gambling debt cases are handled by the Clark County District Attorney’s Office Bad Check Unit.
Is not paying back casino markers a crime?
Yes, defaulting on paying back markers is a criminal offense in Nevada. This crime has two elements:
- The defendant willfully and with an intent to defraud took out a casino marker, and
- The defendant had insufficient funds in the bank to pay for it
State law presumes that defendants had “an intent to defraud” if their bank account had insufficient money to cover the marker. In essence, defendants are presumed guilty even if they genuinely intended to pay back the marker.
No other state or territory in the United States makes unpaid markers a criminal charge.
Not paying back casino markers is a crime in Nevada.
What are the penalties for unpaid markers?
The sentence in casino marker cases turns on the marker amount:
Casino marker amount | Nevada penalties for non-payment |
Less than $1,200 | Misdemeanor:
|
$1,200 or higher | Category D felony:
|
Each unpaid marker is its own charge. The court does not add all the marker amounts together.
Can casino marker charges be dismissed through a payment plan?
In practice, the D.A. usually dismisses bad check charges once the defendant pays back the outstanding amount. Prosecutors prefer defendants pay back everything quickly in one lump sum. But they may agree to a monthly payment plan over the course of two or three years.
As long as the defendant keeps paying, he/she may remain out of custody. Then once everything is repaid, the defendant has the discretion to drop the case. Note that it is never guaranteed that prosecutors will agree to a payment plan.
Can casinos agree to a payment plan without going to the D.A.?
Possibly, but it is unlikely. Once the casino tries and fails to redeem the patron’s marker, the patron can certainly ask the casino to consider a payment plan in exchange for not going to the prosecutor. But in most cases, casinos give patrons only 10 days to pay in full before handing over the case to the D.A.
Can casinos file civil lawsuits for unpaid casino markers?
Yes. But in practice, casinos usually let the D.A. act as their debt collector so they can avoid the time and expense of litigating a lawsuit. However, the Venetian – a Las Vegas casino – is known for filing civil lawsuits against patrons for unpaid casino markers while the criminal case is pending.
Call our law firm for legal advice. Our criminal defense attorneys offer free consultations over the phone or in person at our law office.
Our Las Vegas casino marker lawyers serve clients throughout the state, including Henderson, North Las Vegas, Mesquite, and Reno in addition to Las Vegas, NV.
See our related article, What is a casino marker?