Yes, casino marker debt may be discharged in bankruptcy in some circumstances, but bankruptcy does not necessarily stop criminal prosecution in Nevada. An unpaid Las Vegas casino marker can still lead to criminal charges, and court-ordered restitution may be treated differently from the underlying casino debt.
What Is a Casino Marker?
A casino marker is a form of credit extended by a casino to a gambler. The player signs a credit instrument that allows the casino to provide funds for gambling.
If the marker is later presented for payment and there are insufficient funds available, the matter can become more than a collection issue.
Can an Unpaid Casino Marker Lead to Criminal Charges in Nevada?
Yes.
Under Nevada Revised Statutes (NRS) 205.130, a person may face criminal charges if they willfully issue a casino marker with insufficient funds or credit and with an intent to defraud.
If an instrument, or a series of instruments passed within 90 days, totals $1,200 or more, the offense may be prosecuted as a Category D felony.
Potential penalties include:
One to four years in Nevada State Prison
A fine of up to $5,000
Restitution
Nevada law also allows intent to defraud to be presumed in certain circumstances when an instrument is presented and payment is refused.
Can Casino Marker Debt Be Discharged in Chapter 7 Bankruptcy?
It can be.
Federal bankruptcy case law has recognized that the underlying casino debt may be discharged in Chapter 7.
That does not mean the criminal case disappears.
A bankruptcy discharge addresses the financial debt. Nevada may still pursue criminal charges related to an unpaid casino marker, and any criminal restitution obligation may be treated differently.
The key distinction is simple:
Discharging the debt does not necessarily eliminate criminal exposure.
Does Filing Bankruptcy Stop a Casino Marker Prosecution?
Not necessarily.
Bankruptcy protections generally do not prevent the government from continuing a legitimate criminal prosecution.
That means someone with an unpaid Las Vegas casino marker should not assume that filing bankruptcy will eliminate a criminal complaint, arrest warrant, or pending case.
What Should You Do If You Have an Unpaid Casino Marker?
If you have an unpaid casino marker or believe a case may have been referred for prosecution, speak with a Nevada criminal defense attorney as soon as possible.
An attorney can review:
Whether charges have been filed
Whether there is an active warrant
Whether the prosecution can prove intent to defraud
How the marker was presented and processed
Whether repayment or negotiation options are available
Talk to a Las Vegas Casino Marker Defense Attorney
Casino marker cases can involve both bankruptcy law and Nevada criminal law. Resolving the debt does not always resolve the criminal side of the case.
If you are concerned about an unpaid casino marker in Las Vegas, Pariente Law Firm can review your situation and explain your legal options.
Contact Pariente Law Firm today for a free consultation.
Frequently Asked Questions
Can casino marker debt be discharged in bankruptcy?
Yes, it may be dischargeable depending on the circumstances. A bankruptcy discharge does not necessarily stop a Nevada criminal prosecution.
Is an unpaid casino marker a felony in Nevada?
It can be. Under NRS 205.130, an instrument or series of instruments totaling $1,200 or more within 90 days may result in a Category D felony when the required elements are met.
Can you go to jail for not paying a casino marker?
A conviction for a felony casino marker offense can result in prison time. Nevada law focuses on factors including insufficient funds and intent to defraud.
Does paying the marker make the criminal case go away?
Not automatically. Repayment may affect how the matter is handled, but it does not guarantee that charges or a warrant will be dismissed.
Can bankruptcy clear a casino marker arrest warrant?
No. Bankruptcy does not automatically eliminate an arrest warrant or stop a criminal prosecution.
Should I hire a lawyer for an unpaid Las Vegas casino marker?
If the marker remains unpaid or has resulted in a criminal complaint or warrant, speaking with a Nevada criminal defense attorney can help you understand your options.