The casino won't sweat too much if you simply say you spent more than you anticipated and give them a real-time frame for repayment. They will also take payments, but don't expect to blow $5,000 and be able to pay $100 a month. If you can send $1,000 immediately and make two more $2,000 payment over the next month, they'll take it. Las Vegas Casino Marker Lawyer. Las Vegas Casino Marker Defense Lawyers. Issuing, or 'passing,' a check or casino marker for an amount of money you do not have in the bank when payment is due is considered fraud under Nevada law (NRS 205.130). When payment is due, typically after 30 days, the casino submits the marker or markers to the bank, like a check. If a marker is returned due to insufficient funds — or 'bounces' — that, of course, is a problem. If the casino marker debt was for less than $1,200, then it is only a misdemeanor. The sentence includes: Up to 6 months in jail time and/or up to $1,000 in fines, Full restitution, and; Administrative fees; Setting up a casino marker payment plan. Casinos just want their money back. For additional guidance, see Casino or Card Club Compliance Program Assessment, FIN-2010-G003 (June 30, 2010) and Frequently Asked Questions - Casino Recordkeeping, Reporting and Compliance Program Requirements, FIN-2007-G005 (November 14, 2007) and FIN-2009-G004 (September 30, 2009).
Casino Marker Payment Plan
If you receive a letter from the District Attorney's office about your case, or are contacted about an existing unpaid marker, you should contact our office immediately. Many times, people are sent what is known as a '10-day letter' in which the prosecutor's office gives you a set time, which is almost always 10 calendar days, to respond to the letter and take care of the debt. Many people notice that the amount requested in the letter is markedly higher than the person recalls borrowing from a casino on credit. The reason for the higher amount is that the DA's office adds on significant fees for their services in recovering the debt for the casino. Most importantly, if you don't react quickly and hire a lawyer to contact the authorities and/or casinos and negotiate on your behalf, a warrant will issue for your arrest after the 10 days expire.
Even if you simply plan on 'paying the money back,' you could still be convicted of a crime for taking out the debt in the first place on not paying in a timely fashion. If you ignore the 10 day letter, don't pay the money back fast enough, or fail to follow a payment plan prescribed by the DA, you can still be prosecuted in Court, even if you later pay back all the money you borrowed.
Many people borrow large amounts and then plan on filing Bankruptcy as a way to avoid criminal charges. You should know that the filing of Bankruptcy doesn't necessarily avoid criminal responsibility. Because debt in a casino marker case is viewed by the DA and the Courts as restitution in a criminal case, they may still prosecute you for the crime even if you have filed for Bankruptcy.
Lastly, and most importantly, call an attorney to represent you on your case as soon as you know there is an amount unpaid. It pays to be proactive. Don't wait. Once a warrant has been issued, the prosecutor may refuse to quash it and you may have to return to Las Vegas while in custody and in handcuffs. Additionally, once a warrant has issued, the prosecutor may be far less amenable to negotiation until the person is arrested and appears in Court in custody on their warrant.
Attorney Josh Tomsheck, from the law firm of Hofland & Tomsheck, is a former Chief Deputy District Attorney in the same office that will be prosecuting the casino marker case against you. He knows what needs to be done to protect you, protect your money and fight your case. Call (702) 895-6760 today to schedule an in person appointment or telephonic consultation. Many times we can resolve your case without you even having to travel back to Las Vegas and appear in Court.
Casino marker arrests
If you are facing criminal charges for the unpaid casino markers in Las Vegas, Nevada, call us at 702-432-1000. We may help you resolve your case.
The initial consultation is free and confidential.
What is a casino marker?
Many Las Vegas casinos provide lines of credit to their best customers to keep them gambling. These credit lines are called casino markers and, often, carry zero interest and other rewards, all to encourage the customer to keep their money at that casino.
Casino markers = bad check
In Nevada, casino markers are considered a bad check. Failing to pay back a casino marker in Nevada has the same result as a bad check. It is a felony and carries 1 - 4 years in prison plus a fine up to $5,000.
You have 30 days to pay it back
When the casino issues a marker, they don't always check if you have enough money on your account to pay it back. Generally, casinos attempt to collect an unpaid debt within 30 days. They send a letter via certified mail to the address on file, and you have 10 days to respond.
Casino Marker Payment Plan Template
If you fail to respond - the casinos then can turn the collection over to the Las Vegas District Attorney office, Bad Check Unit.
