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What is a Casino Marker?
According to DK, a casino marker is an interest-free, short-term line of credit provided by a casino to offer guests a convenient source of funds for gaming. Each casino has its own rules and regulations for issuing markers, and these can also vary by county or state [1].
To obtain a casino marker, guests typically undergo a credit check similar to those conducted by credit card companies. You’ll need to complete a credit application and provide basic information for the casino to verify that you meet their credit criteria.
Depending on the casino, you may also need to establish a certain level of gaming credibility. Once your casino marker application is approved, you can request a marker for a specific dollar amount. The marker is printed and signed, and you can then redeem your marker credit for chips or cash
Nevada Casino Marker Laws: Consequences of Non-Payment
Nevada takes the non-payment of casino markers very seriously, treating it akin to bank fraud if a casino attempts to deposit the check and finds insufficient funds.
According to NRS 205.130, a person who willfully and with intent to defraud issues a check or draft to obtain credit from a licensed gaming establishment without sufficient funds is guilty of a crime. The law presumes intent to defraud if there are insufficient funds when the casino tries to redeem the marker.
After 30 days of non-payment, the unpaid marker is automatically turned over to the District Attorney’s office for prosecution. If you receive a notice from the Clark County Courts about an outstanding casino marker, contact a defense attorney immediately.
Criminal Penalties for Unpaid Casino Markers in Nevada
According to the Defenders, in Nevada, failing to repay a casino marker is treated as a criminal offense, similar to bank fraud [2].
The penalties depend on the amount of the marker:
- Less than $1,200: Considered a misdemeanor, punishable by up to 6 months in jail and up to $1,000 in fines and restitution.
- $1,200 or more: Considered a felony, punishable by 1-4 years in state prison, restitution, and up to a $5,000 fine at the judge’s discretion.
Each unpaid marker is treated as a separate crime, meaning multiple unpaid markers can result in multiple charges.
Importance of Legal Representation
Casinos and the District Attorney’s office prefer to resolve these non-violent offenses and recover the owed money rather than pursue lengthy prison sentences. Therefore, having a reliable defense attorney who specializes in casino markers can be invaluable. An expert attorney can help mitigate the circumstances, potentially keeping you out of jail and resolving the debt.
Defenses in Unpaid Casino Marker Cases
If you are a first-time offender with no criminal history, the District Attorney may be open to negotiating a payment plan and dismissing your case without jail time once restitution is paid. However, if the District Attorney decides to prosecute, an attorney can build a strategic defense based on your specific circumstances.
Potential Defense Strategies
1. Lack of Intent to Defraud:
- History of Repayment: Demonstrating a consistent history of paying off markers can help rebut the presumption of intent to defraud.
- Partial Payments: Showing that you paid off some markers when obtaining new ones.
- Sufficient Funds: Proving that you had adequate funds in your bank account when the marker was issued.
2. Invalid Marker:
- Missing Signature: The marker lacked your signature.
- No Date Listed: The marker did not have a date.
- Incorrect Payee: The casino was not named as the payee.
- Forgery: The marker was forged.
- Post-Dated: The marker was post-dated.
Civil Liabilities
Even if criminal charges are dismissed, the casino can still pursue a civil lawsuit to collect any unpaid markers. Therefore, it is crucial to hire an experienced defense attorney to handle your case from the beginning.
By having a knowledgeable attorney, you can effectively navigate the complexities of casino marker laws and work towards the best possible outcome.
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References:
1. https://draftkingsatcasinoqueen.com/2022/06/24/casino-marker-everything-you-need-to-know-about-casino-credits-and-loans/
2. https://thedefenders.net/blogs/casino-markers-laws-in-nevada/