Casino Debts (Casino Markers Unpaid),
and Bad Checks
The Law Office of Mark Coburn
FREE CONSULTATION
Important Information on Casino Debt
Casinos in Nevada aggressively prosecute people who do not re-pay their casino markers. Whether you are a tourist or a local, if you have not re-paid a casino debt, there will be a warrant issued for your arrest.
You cannot simply ignore the casino if they send you notices about casino marker repayment. Failing to re-pay a casino marker is equivalent to writing a bad check. Treating a marker like a check allows the casino to draw money from your bank account if you do not pay the funds. If the money is not there to be withdrawn, you face even bigger problems and negative consequences.
Generally, casinos do not complete detailed credit checks or verify your funds before issuing a casino marker. If you know you do not have enough money in your bank account to cover the marker, you are committing fraudulent activity against a Las Vegas Casino. Considering the casinos basically run the city of Las Vegas, you are committing a fraud against an extremely powerful conglomeration, and it would not be wise to proceed without hiring an attorney.
Even if you DID have the money in your bank account at the time you were gambling, but do not have it when the casino attempted to withdraw it to re-pay the marker, Nevada Law presumes that you intended to defraud the casino when you did not pay the debt back. So either way, unless you hire an attorney to act on your defense, you will find yourself in a lose/lose situation.
Typical Fraud Charges associated with Casino Markers
Under NRS 205.090, Forgery is defined as a person using counterfeit records with the intent to defraud. It is a category D felony carrying prison time of 1-4 years in prison and a fine of up to $5,000. Identity theft and misrepresentation of asset charges can also accompany the forgery charge.
Under NRS 616D.300 you can be charged with making false statements to obtain benefits. This means you lied about your ability to pay back the marker because you knew that you did not have enough cash, credit or collateral to cover the marker.
NRS 205.380 involves the crime of obtaining money by false pretenses.
Because a casino marker is similar to a bad check under Nevada law, passing a bad check also can refer to casino markers. Under NRS 205.130 the crime of passing a bad check is defined as a person willfully passes a check knowing there is insufficient funds in the account to cover the amount of the check. See more on this topic below.
Nevada Bad Check Laws
Under NRS 205.130, issuing a bad check in Nevada is a criminal offense. You may be charged with a category D felony for issuing bad checks under NRS 193.130. It is imperative to retain a Las Vegas Criminal Attorney in order to protect your rights. Several factors may affect your case, including the amount of the bad check, if you issued additional bad checks within a 90 day period, and the circumstances by which the non-sufficient checks were issued. A Las Vegas Criminal Attorney can examine your case and advise you of your options.
Possible Penalties for a Bad Check Conviction in Las Vegas
When dealing with bad checks in Las Vegas, it is important to understand that check fraud is considered theft under Nevada law. Non-sufficient funds (NSF) checks are prosecuted by the Bad Check Unit of the District Attorney’s office. You may be sentenced to serve time in prison, and you will have to pay fines on top of paying the full restitution. You will also be charged for each bad check you wrote in a 90 day period, with fines assessed for each NSF check.
It is a misdemeanor offense to issue bad checks totaling less than $250.00 and may result in up to 6 months in jail, a fine of $1,000.00 and fees of $25.00 to $50.00 per NSF check.
It is a category D felony offense to issue bad checks totaling more than $250.00 and may result in 1 to 4 years in prison, a fine of up to $5,000.00 and fees of $50.00 to $500.00 per NSF check. A 10% fee of the face value of the bad check is also charged by the Bad Check Unit for each bad check in amounts over $10,000.00.
Because penalties for bad checks in Nevada are so costly and severe, it is in your best interest to contact a Criminal Defense Attorney as soon as you receive your first letter from the DA’s office. The sooner an attorney can begin defending you, the more likely the chance of a positive outcome.
How Bad Checks are Prosecuted by the DA Bad Check Unit
1) The Bad Check Unit will send you a series of notices by mail, informing you of the allegations against you for bad checks, the full restitution amount, and all fines you must pay to the District Attorney’s office.
2) If you do not respond, a criminal arrest warrant will be issued. The warrant will immediately be in effect across the United States, so even if you do not live in Nevada, you will be taken into custody.
3) Once convicted of check fraud, you may face prison time, fines, fees, as well as a permanent criminal record.
If you are receiving notices from the Bad Check Unit, it is critical that you retain a reputable Las Vegas Criminal Defense Attorney to immediately start working with the District Attorney’s office to help you settle you debt. Contact Attorney Mark Coburn at (702) 382-2000 today for your free consultation.