Casino Marker Basics: How They Work and Their Risks
“What happens in Vegas, stays in Vegas” – unless you fail to repay a casino marker. In that case, you could wind up with a criminal conviction that follows you wherever you go for the rest of your life. Before you get carried away and accept an offer to extend credit in the form of casino markers, you should understand how a casino marker works and what could happen if you fail to repay the debt in a timely manner.
How Does a Casino Marker Work?
Some people are content to spend hours playing the quarter slot machines while in Las Vegas. Others, however, are drawn to the higher stakes poker and blackjack tables or the mesmerizing roulettes wheels. Not surprisingly, casinos want those players to keep playing because the odds favor the house the longer most players remain at the table. To help further that objective, casinos will extend casino “markers,” representing a line of credit extended to a patron, after a relatively simple application, bank verification, and credit check. The good news is that most casinos do not charge interest on their markers. The bad news is that the entire amount borrowed is usually due and payable in 30 days and the consequences of failing to pay can extend well beyond having a negative impact on your credit score.
Potential Consequences of Failing to Pay a Casino Marker
Imagine that you accepted a casino marker for $10,000 while at a Las Vegas casino one weekend. The terms of the credit extension require you to repay the entire $10,000 within 30 days. If you do not repay the entire amount and fail to secure an extension of time to repay the debt from the casino, the casino will likely begin collections procedures immediately by attempting to withdraw the money from your financial institution (something you agreed to when you accepted the marker).
If your bank does not have sufficient funds to cover the debt, you will receive a certified “Notice of Refusal of Payment” from the casino, notifying you that you now have 10 days from the date you received that notice to make good on the marker. If the marker is still outstanding after the 10-day mark, the casino will likely contact the Clark County District Attorney’s Office and refer the matter for criminal prosecution.
In the State of Nevada, casino markers are treated like checks, potentially making the failure to pay the debt a criminal matter. Specifically, under Nevada law, it is a crime to “willfully, with an intent to defraud draws or passes a check or draft to obtain… credit extended by any licensed gaming establishment.”
If the value of the casino marker is less than $1,200, you can be charged with a criminal misdemeanor for failing to repay the marker. If the amount owed on a single marker or a combination of markers extended within a 90-day period exceeds $1,200, the offense becomes a Class D Felony. Conviction of a misdemeanor may include up to six months in jail, a fine, and court costs while conviction of a Class D Felony for failing to pay a casino marker can result in one to four years in prison along with fines and costs.
Can I Avoid a Conviction for Failing to Repay a Casino Marker?
If you have received a Notice of Refusal of Payment from a casino, now is the time to consult with an experienced Las Vegas defense attorney. Your attorney may be able to prevent the matter from ending up at the District Attorney’s Office.
If the matter is referred, your attorney will discuss defense strategies with you which may include:
• Arguing that the marker does not qualify as a check: To qualify as the equivalent of a check under Nevada law, a casino marker must clearly show the payee, the amount of money due, the date, and must be signed by you. Furthermore, the marker cannot be pre- or post-dated and cannot be for a pre-existing debt.
• Lack of intent to defraud: The “intent to defraud” is a necessary element under the applicable statute. Your attorney may be able to successfully rebut the presumption that you had that intent when you accepted the casino marker.
What Should I Do If I Have a Problem Related to a Casino Marker in Las Vegas?
If you have questions or concerns about a casino marker in Las Vegas, get legal help from an experienced casino marker attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-3000 or contact us online.