There is a process that occurs before Nevada initiates prosecution of a person for defaulting on a casino marker. 

First, the casino can try to get its money back by directly accessing the player’s bank account.  Allowing the casino access to one’s bank account is normally a condition before a person can even get a casino marker extended. 

Second, if the player has insufficient funds in his or her bank account to pay back the casino marker, the casino is required by law to send the player a certified letter providing 10-days from the date of the letter to pay back the money.

If the player does not pay back the money within the 10-day period, then the casino can file a complaint with the Bad Check Unit of the District Attorney’s Office seeking criminal prosecution.  Once the District Attorney is involved, repayment of the debt directly to the casino is no longer an option.  Instead, the player must communicate with the prosecutor’s office and deal with not only paying back the original amounts borrowed but additional collection fees permitted by law. 

The decision to prosecute a person for defaulting on a casino marker is entirely within the discretion of the District Attorney.  Before initiating criminal charges, the District Attorney will send the player another letter via certified mail providing another 10-days to pay back the amount of the marker. 

If the player fails to pay back the amount within that additional 10-day period, then the District Attorney will generally commence criminal proceedings and seek an arrest warrant for the player.   

Penalties For Owing Money To A Casino

Since failure to pay off a casino marker falls under the offense of writing a bad check, the penalties are the same.

Penalties include:

• Misdemeanor conviction: For casino markers involving less than $1,200, up to $1,000 fines and/or up to 6 months in jail.

• Felony conviction: Not paying back a casino marker of at least $1,200 is a category D felony in Nevada and carries up to a $5,000 fine and 1-4 years in jail plus restitution.

• Possible deportation: Depending on your immigration status, you could face possible deportation if intent to defraud is proven because it’s considered a crime of “moral turpitude.”

Casino Marker Defenses

There are several potential defenses in the case of failing to pay back your casino markers/debts. If you’ve been charged with a casino marker crime, your defenses could include:

• Proof you did not have the intent to defraud: If you can prove you simply did not mean to defraud the casino, your charges can be reduced and/or dismissed. Such proof would be holding sufficient funds in your bank account at the time you obtained the marker/debt.

• Proof the casino marker is void: If you can prove the casino marker is void then you can get your charges either reduced or dismissed.  Proving the marker is void could include failure to possess your signature, invalid listing of date, and more.