Casino markers in Nevada are short-term, interest-free lines of credit that casinos extend to patrons for the purpose of gambling on the premises. 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.
How to Get a Casino Marker
First you fill out a credit application, and then the pit boss or casino host checks your bank account information.
If the casino approves the application, you will receive the marker, which can be redeemed for cash or gaming chips.
What Happens if You Do Not Repay Casino Markers
If the deadline passes to pay back your casino marker in Nevada (which is usually 30 days), the following events will occur:
- The casino will attempt to redeem the marker at your bank.
- 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.
- 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.
- 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).
- 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 at a traffic stop or at a border crossing during travel. 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.
The Penalty for Not Paying Back 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 the Charges Dismissed in Nevada
In my experience, the D.A. will likely dismiss all your casino marker charges if you repay the markers in full. 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.
Discharging Casino Marker Debt in Bankruptcy
Nevada casino marker debt cannot be discharged in bankruptcy while the criminal case is open. Though if the criminal charges get dismissed, then you may be able to discharge any remaining debt in bankruptcy.
If you do not pay back a casino marker, Nevada law presumes you intended to defraud.
How To Fight 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. Three scenarios that may give us some negotiating power are:
- The casino and you had a long-standing relationship where you always reimbursed the casino on time, and the current situation is an anomaly;
- You were seriously ill or in the hospital, which is why you could not repay the markers on time; or
- The casinos gave you markers after intoxicating you with drugs or alcohol, so you were not in your right mind when taking the loan.
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.2
If You Have Already 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 pressing charges or to 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 where you surrender yourself to the police in Nevada, but you would be released immediately after getting 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 try to negotiate a settlement with the D.A. and make all your future court appearances on your behalf. You should not have to come back to Nevada again unless your case goes to
which is rare because we can usually come to a resolution earlier than that.
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.
