“Casino Marker” in Las Vegas Nevada – What If I Don’t Pay It?

A casino marker is a line of credit that gaming establishments extend to players to use for gambling at the property. It is treated as a check that the customer issues to the casino to be drawn on his or her bank account. Customers who fail to repay the marker may face

1. civil action to collect the debt, as well as
2. criminal charges for check fraud or passing bad checks.

In Nevada, failing to pay a casino marker is treated as criminal check fraud under NRS 205.130. Nevada law presumes you have an “intent to defraud” if there are insufficient funds in your bank account when the casino attempts to redeem your markers.

NRS 205.130 states that “[A] person who willfully, with an intent to defraud, draws or passes a check or draft to obtain … [c]redit extended by any licensed gaming establishment … when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty[.]”

Penalties

Not paying back a marker of at least $1,200 is a category D felony in Nevada. It carries:

• 1 – 4 years in prison, and
• Up to $5,000 in fines, restitution, and administrative fees

If you leave the state to escape charges, you face extradition to Nevada.

Defenses

Common defenses to casino marker charges are:

1. The marker was invalid, or
2. You had no intent to defraud

Nevada casino marker debts may not be discharged through bankruptcy unless the D.A. drops the charges.

Below our Las Vegas criminal defense attorneys discuss:

• 1. How do casino markers work?
• 2. What are the criminal penalties under NRS 205.130?
• 3. What are common defenses?
• 4. Can bankruptcy discharge casino marker debt?
• 5. Can casinos sue for unpaid markers?
• 6. Can the criminal record be sealed?
• 7. What if I live out of state?
• 8. Can immigrants get deported for unpaid casino markers?
• Additional reading

1. How do casino markers work?

Casino markers are zero-interest loans that casinos extend to you as an incentive to gamble. Legally, these lines of credit are treated like checks. You are expected to pay them back within 30 days (usually).¹

Practically speaking, casino markers make gambling more convenient. Without these cash advances, you would have to carry large amounts of money on your person or else rely on ATMs and pay extra fees.

Customers wishing to take out markers must fill out a credit line application first.² For examples in Nevada, see:

• Caesars casino credit application
• Cosmopolitan casino credit application
• Encore credit application
• Mandalay Bay marker limit application
• MGM marker limit application
• Wynn credit marker application

1.1. Casino markers as a crime in Nevada

Nevada makes it a crime under NRS 205.130 to default on casino markers. The offense consists of two elements:

1. You willfully and with an intent to defraud took out a casino marker, and
2. You had insufficient money in the bank to pay for it.³

Nevada law presumes you had an intent to defraud if there were insufficient funds in your bank accounts when casinos tried to redeem markers.⁴ So if your bank account overdrafts, you are essentially guilty until proven innocent in Nevada.⁵

The only evidence Nevada courts need to convict you of unpaid casino markers are the following two slips of paper:

1. A copy of the original marker, and
2. A copy of the marker once the casino tried unsuccessfully to redeem it (stamped NSF for “not sufficient funds”)

Nevada is the only state where allegedly not making good on casino markers subjects you to criminal penalties.⁶

1.2. What happens with unpaid casino markers

Before the state can prosecute for unpaid markers, the following must occur:

1. If a casino believes you have not paid back a marker in time, then the casino may go directly to your bank and take the money from the account.
2. If your account has insufficient funds (“NSF”), the casino then sends you a certified letter. It gives you 10 days since the mailing date to pay.
3. If you do not make good on the alleged debt, the casino submits a bad check complaint to the D.A. At this point, you may no longer pay any outstanding debt to the casino directly. From now on, the D.A. serves as the middleman between you and the casino. Then the D.A. must receive any payments you may later make. Once the case is in the D.A.’s hands, the D.A. tacks on collection fees to the debt amount.
4. The D.A. decides whether to prosecute you for allegedly defaulting on casino markers. If so, the D.A. will send you another notice by certified mail. It gives you another 10 days from the date of the letter to pay. Any restitution must be paid by money order, cashier’s check, or wire transfer. It should be made payable to the appropriate District Attorney’s office.
5. If the 10 days pass with no payment, an arrest warrant will issue.⁷

1.3. Arrest warrants in casino marker cases

Once an arrest warrant is issued for you in a Nevada casino marker case, the police probably will not go searching for you. Though there are exceptions such as if you are a flight risk or have a long criminal history.

In most cases, the D.A. will mail you a summons with notice of the warrant. The summons will contain instructions to appear in the appropriate Nevada court on a specified date. During this time while the warrant is outstanding, you are still vulnerable to arrest. This typically occurs during traffic stops after the police run a warrant check.

It is important that you arrive at court on the summons date with an attorney. An attorney may be able to persuade the judge to waive bail. This is called an O.R. (own recognizance) release. Otherwise, if you show up without an attorney, you are more likely to get booked at the jail. The bail amount will be the total sum of the alleged casino marker debt.

If you miss the scheduled court date on the summons, the police might then make more of an effort to locate and arrest you. Because you missed a court appearance, the judge would be less likely to grant you an O.R. release later on.⁸

2. What are the criminal penalties under NRS 205.130?

Unlike in other states, failing to pay a casino marker in Nevada is a crime. The punishment turns on the amount of the marker.

Nevada casino marker	Penalties for non-payment
Less than $1,200	Misdemeanor: Up to 6 months in jail and/or Up to $1,000 in fines9
$1,200 or higher	Category D felony: 1 – 4 years in Nevada State Prison, Restitution of the outstanding casino marker debt, A $5,000 fine (at the judge’s discretion), and Administrative fees: An extra 5% of each marker of $10,000 or less, and An extra 10% of each marker of more than $10,00010

You face separate charges for each unpaid casino marker – not just one charge for the entire debt.

Example: John defaults on a $5,000 marker and a $20,000 marker from Bellagio. Neither marker is for less than $1,200. So the Clark County D.A. prosecutes John for two felonies. If John gets convicted, a judge may sentence him to:

• Up to eight years in prison – up to four years for each marker,
• $25,000 in restitution (the total value of both markers),
• Up to $10,000 in fines (up to $5,000 for each marker), and
• $2,250 in administrative fines (5% of the smaller marker plus 10% of the larger).

2.1. Plea bargains

Nevada D.A.s understand that defaulted markers are non-violent offenses, and they realize that you cannot earn money to pay back the casinos if you are incarcerated. Therefore, prosecutors are usually willing to resolve casino marker cases.

If you have no prior casino marker cases and behave cooperatively, prosecutors may be willing to set up a monthly payment plan. Once the casinos get reimbursed in full, the D.A. may dismiss the charges.

However, if you are a repeat casino marker offender, you may not be able to escape prosecution even if you pay everything back. The D.A. may request that you remain on probation for a few years and be barred from entering Nevada casinos to gamble.

Another option D.A.s may consider is this plea bargain: You plead guilty to a gross misdemeanor and sign a civil confession of judgment. This is a legal admission that you owe the casinos money. This way, the only way casinos can pursue their money is through suing you in civil court.

The advantage of this approach is that you forgo prison by being on probation. Then the casino may decide not to take the trouble and expense of suing you after all, especially if you are judgment-proof.

3. What are common defenses?

Two common ways to fight Nevada casino marker charges are to argue that:

1. The marker was facially invalid, or
2. There was no intent to defraud

3.1. The marker was facially invalid

Sometimes casinos issue markers that do not qualify as checks under Nevada law. In those instances, courts should not convict you for neglecting to pay them. Markers are invalid if they:

• Do not show: The payee (the casino); the date; the amount of money; or your signature;¹¹
• Are pre-dated or post-dated,¹² or an agreement was made to hold the check for later payment;
• Are unclear as to the identities of you or the casino;
• Have been altered or look like forgeries; and/or
• Are for preexisting debt,¹³ and the casino suffered no monetary injury.¹⁴

If we can show that the markers fall outside of Nevada’s bad check laws, the D.A. should dismiss the case.

3.2. There was no intent to defraud

Nevada courts should not convict you for unpaid casino markers if you had no intent to defraud. However, this is a difficult defense strategy. The law presumes that you had the intent to defraud if your bank account had insufficient funds when the casino tried to redeem the markers.¹⁵

Though it may be possible to overcome the presumption of intent to defraud. The following circumstances are not full defenses, but they may chip away at the state’s argument that you intended to defraud the casino:

• You had a long, harmonious history of reimbursing casino markers;
• You fell ill after having taken out the markers, and you were physically unable to repay them;
• The casino intoxicated you with alcohol. This compromised your judgment when taking out the casino marker;¹⁶
• Your bank records show that you had sufficient funds to pay the marker at the time the casino granted the marker;¹⁷ and/or
• The casino knew you had insufficient funds.¹⁸

Various defendants in past casino marker cases have challenged whether markers are indeed “checks.”¹⁹ They argued that NRS 205.130 violates equal protection,²⁰ and they argued that it creates an unconstitutional debtor’s prison. So far Nevada courts have rejected these positions.

4. Can bankruptcy discharge casino marker debt?

It depends on the state and circumstances.

In Nevada, a casino marker debt is not dischargeable in bankruptcy unless:

1. The criminal charges get dismissed; or
2. The D.A. never prosecutes the case.²¹

Therefore, filing for bankruptcy in Nevada will not cause a casino marker criminal case to go away. As long as a criminal case is pending, filing for bankruptcy does not eliminate the debt.

In other states where unpaid markers are not a crime, you might be able to discharge your debt in bankruptcy, but the trustee will have a large say in this.

See our related article, Is casino marker debt dischargeable in bankruptcy?

5. Can casinos sue for unpaid markers?

Yes. In Nevada though, most casinos do not sue. They allow the District Attorney to be their debt collector. One exception is Sands casinos (including Las Vegas’s Venetian). They do sue you for:

• Breach of contract; and
• Unjust enrichment²²

However, Sands typically withdraws these lawsuits if the criminal case resolves.

6. Can the criminal record be sealed?

Nevada permits record sealing of casino marker cases. If the charge gets dismissed, you can pursue a seal right away.²³ If you get convicted, there is a waiting period:

Felony convictions are sealable five years after the case ends, and misdemeanor convictions are sealable one year after the case ends.²⁴

Nevada’s record seal process itself takes several weeks, but it is worth it. NRS 205.130 violations look bad on background checks. Learn more about how to seal criminal records.

7. What if I live out of state?

You usually must appear in Nevada court for felony arraignments. This is true even if you hire local counsel.

If you do not appear, courts will issue a warrant. Then you are vulnerable to arrest in all other states – even though those states do not criminalize unpaid markers.²⁵

Nevada takes casino marker cases very seriously. State police work with out-of-state police to effectuate arrests.

Every state has its own extradition laws. Some states may release fugitives on bail pending extradition (like Florida and Hawaii), but other states may not (like California).

Negotiating marker cases is easier when you are out of custody. Therefore, you should retain counsel as soon as possible and try to appear in person at all required court hearings.

8. Can immigrants get deported for unpaid casino markers?

Yes, especially if the conviction is for a felony. Non-payment of markers is a crime involving moral turpitude. This is because it involves intent to defraud.²⁶

Non-citizens facing charges should consult with an attorney. Our Las Vegas casino marker lawyers can negotiate with the D.A. Perhaps we can work out a financial settlement, and the D.A. may agree to drop the case. This way, aliens could avoid removal.

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.

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