What is a “Casino Marker” in Las Vegas? A Defense Lawyer Explains

A casino marker is a short-term, interest-free line of credit that casinos extend to patrons to gamble with on the premises. In Nevada, failing to repay casino markers is usually a category D felony, carrying:

• 1 to 4 years in prison plus
• Fines and restitution.

The Clark County District Attorney’s Office has an entire division devoted to unpaid gambling debt prosecutions called the Bad Check Unit. In most other states, non-payment of a casino marker is treated as a civil offense and not a crime.

In this article, I provide a detailed overview of everything you need to know about Nevada casino marker laws.

Getting a Casino Marker

To obtain a casino marker in a Nevada casino, you fill out a credit application. Then the pit boss or casino host runs a credit check through Central Credit, the gaming industry’s dedicated credit bureau. This allows them to see your credit history with other casinos across the country.

If the Nevada casino approves the application, you will receive the marker, which can be redeemed for cash or gaming chips.

Criminal Case Process

After you take out a casino marker, you have a limited amount of time to pay it back.

This “holding period” is usually 30 days, but not always. Sometimes, smaller markers (under $1,000) must be paid in as little as a week, while high-value markers ($100,000+) might be held for 45 to 90 days to give the player time to pay.

If the applicable deadline passes to pay back your casino marker in Nevada, the following events will occur:

1. The casino will attempt to redeem the marker at your bank.
2. If the marker bounces for insufficient funds, the casino will send you a certified letter with a “notice of refusal of payment.” This gives you 10 days to repay the debt.
3. If the 10-day deadline passes, then the casino will file a complaint with the District Attorney. At that point, the case is out of the casino’s hands, and any future dealings on the matter will be with the D.A. – not the casino.
4. The D.A. will then mail you another certified letter giving you an additional 10 days to repay the debt, plus the D.A.’s processing fees (about 10% of the unpaid marker’s value).
5. If the D.A.’s 10-day deadline passes, then an arrest warrant will be issued for you.

Once the warrant is issued, you can be apprehended at any time. This usually occurs during a traffic stop or at a border crossing. The police can also come searching for you, typically at your home or office.

If you are out of state, you can be extradited back to Nevada to face the casino marker charges. The extradition process itself is lengthy, and you could be detained for a month before being transported back.

Penalties for Unpaid Casino Markers

Defaulting on a marker worth less than $1,200 is a misdemeanor in Nevada. The sentence includes:

• Up to 6 months in jail and/or
• Up to $1,000 in fines.

Defaulting on a marker worth $1,200 or higher is a category D felony. The punishment includes:

• 1 to 4 years in Nevada State Prison,
• Restitution of the outstanding casino marker debt,
• Administrative fees (an extra 5% of each marker of $10,000 or less, and an extra 10% of each marker of more than $10,000), and
• $5,000 in fines (at the judge’s discretion).

The D.A. prosecutes each unpaid casino marker as a separate charge.¹

In addition, the casinos can bring civil lawsuits against you for the amounts owed.

Getting a Dismissal

In my experience, the D.A. will likely dismiss all your Nevada casino marker charges if you repay the markers in full. Just recently in 2025, Las Vegas prosecutors dropped a fraud and theft case against former NBA player Marcus Morris after he paid back his alleged $300,000 casino marker debt.²

In many cases, prosecutors allow you to make monthly payments until your debt is paid. I have also handled cases where prosecutors settled for less than what was owed, though this is rare.

Declaring Bankruptcy

Nevada casino marker debt cannot be discharged in bankruptcy while the criminal case is open. If the criminal charges are dismissed, you may be able to discharge any remaining debt in bankruptcy.

Fighting the Charges

Here at Las Vegas Defense Group, I have represented literally thousands of people charged with unpaid casino markers. In my experience, the most effective defense with prosecutors, judges, and juries is to show you had no intent to defraud.

This defense is admittedly an uphill battle because Nevada law presumes you had intent to defraud. It does not matter if:

• your bank account had sufficient funds when you took out the marker, or
• you genuinely planned on repaying the debt.

Still, it may be possible to show that you had no fraudulent intentions in certain circumstances. Four scenarios that may give us some negotiating power are:

1. The casino and you had a long-standing relationship where you always reimbursed the casino on time, and the current situation is an anomaly;
2. You were seriously ill or in the hospital, which is why you could not repay the markers on time; or
3. The casinos gave you markers after intoxicating you with drugs or alcohol, so you were not in your right mind when taking the loan;
4. There was a miscommunication between you and the casino regarding how your line of credit works and the repayment terms, and your actions were based on a genuine mistake of facts.

Unfortunately, it is not a valid defense to argue that casino marker laws create a debtor’s prison, or that markers are not really “checks.” The Nevada Supreme Court has already heard and rejected these arguments.³

Statute of Limitations

Nevada prosecutors generally have four years to file charges for unpaid casino markers. While the standard deadline for many felonies is three years, the D.A. typically charges unpaid markers as theft (under NRS 205.0832), which carries a four-year statute of limitations.⁴

Additionally, even if you avoid criminal charges, the casino has six years to sue you in civil court for the debt.⁵ Be careful when making partial payments on old debts. In some cases, acknowledging the debt by paying a small amount can “restart the clock” on the six-year civil statute of limitations, giving the casino a fresh window to sue you.

If You Left Nevada

If you have outstanding casino marker debt in Nevada and are out of state, I can contact prosecutors to try to persuade them to delay prosecution or drop your case altogether. If you already have an active warrant, we may be able to bypass extradition and get your arrest warrant recalled by requesting a “walk-through.”

A “walk-through” is when you surrender to the police in Nevada, but you would be released immediately after being fingerprinted and photographed. Although you have to travel back to Nevada for this, at least you would not have to remain in jail during the case.

At that point, I would attempt to negotiate a settlement with the D.A. and represent you in all future court appearances. You should not have to come back to Nevada again unless your case goes to

• preliminary hearing or
• trial,

which is rare because we can usually come to a resolution earlier than that.

If You Are Foreign

A considerable number of casino marker defendants are foreign nationals who were simply unaware that nonrepayment of casino markers is a crime.

However, just one casino marker case can be enough to preclude foreigners from reentering the U.S. It can also prevent non-citizens from obtaining or retaining a visa or green card. Since these cases involve an intent to defraud, unpaid markers can also disqualify foreigners from ever becoming citizens.

For my non-citizen clients accused of not paying back casino markers, the goal is two-fold: 1) Get the best result possible in the criminal case, and 2) Minimize any negative immigration consequences.

Tax Implications

Whether you take out a marker or not, you can write off your gambling losses up to the amount of your reporting winnings. For example, if your gambling wins total $100,000 but your losses total $150,000, you can deduct only $100,000.

You are advised to consult with a tax specialist on how to itemize your deductions to write off your gambling losses.

Shills and Prop Players

Many people do not know that casinos have employees (“shills”) whose job is to gamble with house money to start or continue table games. The casino keeps any winnings, and the shill is not responsible for the losses.

Casinos also pay certain people to gamble with their own money (“proposition players” or “prop players”). They keep any winnings and suffer their own losses.

Each table can have no more than four shills or prop players at a time. Plus, they must identify themselves upon request.

Odds are always in the house’s favor, and paying shills and prop players are just another way casinos try to fill empty tables to attract you to join in on the manufactured fun.

Related Crimes

Depending on your specific case, you may face the following charges in addition to – or instead of – unpaid markers.

• Embezzlement (NRS 205.300) – stealing money or property entrusted to you by the owner.
• Forgery (NRS 205.090) – attempting to defraud another person by means of falsified or counterfeit documents.
• Fraud (NRS 205.330 -.460) – deliberately misrepresenting yourself or assets in order to receive benefits to which you are not entitled.
• Identity Theft (NRS 205.450 -.465) – using another person’s identifying information in order to harm that person or obtain something of value to which you are not entitled.
• Grand Larceny (NRS 205.220) – stealing $1,200 or more of money or property.
• Obtaining Money by False Pretenses (NRS 205.380) – deceiving another person to cheat that person out of valuable items.

Frequently Asked Questions

What happens if I do not pay a casino marker in Nevada?

Failing to repay a casino marker is treated as a bad check in Nevada. If the debt is $1,200 or more, it is usually charged as a category D felony, carrying one to four years in prison, mandatory restitution, and potential fines. The District Attorney’s Bad Check Unit handles these prosecutions.

Can I go to jail for unpaid casino markers?

Yes. If you fail to repay the debt after receiving the 10-day notice from the District Attorney, a warrant will be issued for your arrest. You can be arrested during traffic stops, at border crossings, or at your home. If you are out of state, you may be extradited back to Nevada to face charges.

Can I discharge casino marker debt in bankruptcy?

Generally, no. Nevada casino marker debt cannot be discharged in bankruptcy while a criminal case is pending, because it is considered restitution for a crime. However, if the criminal charges are dismissed, you may then be able to discharge the remaining civil debt.

What is the statute of limitations for casino markers?

Prosecutors generally have 4 years to file criminal charges for unpaid markers (treated as theft). However, even if you avoid criminal charges, the casino has six years to sue you in civil court for breach of contract. Note that making partial payments can sometimes restart this six-year civil clock.

Are there defenses to casino marker charges?

Yes. Common defenses include proving you had no intent to defraud—for example, due to a genuine miscommunication of repayment terms or because the casino issued the marker while you were visibly intoxicated. However, arguing that markers are not “real checks” or that the law creates a debtor’s prison is not a valid defense in Nevada courts.

Additional Reading

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.