Yes. A casino’s knowledge that you did not have enough money to cover a marker may be relevant to your defense, but Nevada law does not recognize a separate “waiver” defense. Instead, that knowledge may be used to challenge whether prosecutors can prove you intended to defraud the casino.
How Casino Markers Work in Las Vegas
Las Vegas casinos often extend gambling credit through casino markers.
Under Nevada law, casino markers are enforceable gaming credit instruments. They can also fall under Nevada’s bad-check laws, which means an unpaid marker can become more than a collection issue. In some cases, it can lead to criminal charges.
Can an Unpaid Casino Marker Lead to Criminal Charges?
Yes.
Under Nevada Revised Statutes (NRS) 205.130, a person may face criminal charges for willfully issuing a check or draft without sufficient funds and with an intent to defraud, including when the instrument is used to obtain credit from a licensed casino.
If a marker, or a series of markers issued within 90 days, totals $1,200 or more, the offense may be charged as a Category D felony.
A Category D felony can carry one to four years in prison and a fine of up to $5,000.
But the amount of the marker is not the only issue. Intent matters.
What Is the “Waiver” Defense?
The so-called waiver defense is based on a simple question:
If a casino knowingly gives credit to someone who does not have enough money in the bank to cover the marker, can the casino later claim it was defrauded?
The Nevada Supreme Court addressed this issue in Zahavi v. State.
The court held that a casino’s actual knowledge of insufficient funds may be relevant to whether the defendant had an intent to defraud. It did not recognize that knowledge as a separate affirmative defense.
That means the casino’s knowledge may help challenge the prosecution’s case, but it does not automatically result in dismissal.
When Could the Casino’s Knowledge Matter?
Relevant evidence may include:
- Information provided when applying for casino credit
- Communications with casino employees
- Casino credit records
- Previous marker and repayment history
- Statements made when the marker was issued
The key issue is whether the casino actually knew that sufficient funds were unavailable.
Simply showing that the casino could have investigated your finances may not be enough.
How Long Can a Casino Wait to Deposit a Marker?
Nevada law now provides that a gaming credit instrument may be considered presented in the usual course of business if it is presented for payment within two years after it was issued.
This is an important update for anyone dealing with an older casino marker.
What Should You Do if You Have an Unpaid Casino Marker?
Do not assume an unpaid casino marker is simply a private debt.
A Las Vegas criminal defense attorney can review whether prosecutors can prove intent to defraud, what the casino knew when the marker was issued, whether the legal presumptions apply, and whether repayment, negotiation, diversion, or another resolution may be available.
Facing a Casino Marker Case in Las Vegas?
If you are facing an investigation or criminal charges involving an unpaid casino marker, Pariente Law can review your situation and explain your options.
Contact Pariente Law for a free consultation.
Frequently Asked Questions
Is an unpaid casino marker a crime in Nevada?
It can be. Prosecutors generally must show that the marker was issued without sufficient funds and with an intent to defraud.
Can you go to jail for unpaid casino markers in Las Vegas?
Potentially. If a marker or series of markers issued within 90 days totals $1,200 or more, the case may be charged as a Category D felony.
What is the casino marker waiver defense?
It refers to the argument that the casino knew the patron did not have enough funds when it issued the credit. Nevada does not recognize this as a separate defense, but that knowledge may be relevant to intent.
Does the casino’s knowledge automatically dismiss the case?
No. It may help challenge the prosecution’s claim of fraudulent intent, but it does not automatically result in dismissal.
How long can a casino wait to deposit a marker?
Under current Nevada law, a gaming credit instrument may be presented for payment within two years after it was issued.
Can a casino marker case be resolved without trial?
Possibly. Depending on the facts, options may include repayment, restitution, diversion, negotiation, or another resolution.