Imagine you’re at a Las Vegas casino, and you run out of money. After filling out a casino marker application, you are offered up to $98,000 worth of markers. Even though your bank account doesn’t contain that much money, you don’t worry about it because you only plan on using a couple thousand dollars, and your luck has to turn at some point, right? Unfortunately, you start pressing, maybe drink too much, and extend your credit to its limit. After the dust settles, the casino comes calling, and you can’t cover your losses. Before you know it, the District Attorney’s Office has filed felony charges against you on behalf of the casino, and you are left facing a prison sentence.

This scenario may seem far-fetched, but it happens to about 20,000 people each year. In fact, an executive from California was recently found guilty in criminal court for over $300,000 worth of casino marker debt, and a Wisconsin man stood before a grand jury in 2010 for defaulting on casino markers totaling $3.75 million.

Casino tokens (also known as casino or gaming chips, checks, or cheques) are small discs used in lieu of currency in casinos.Colored metal, injection-molded plastic or compression molded clay tokens of various denominations are used primarily in table games, as opposed to metal token coins, used primarily in slot machines. The casino’s try to convince people to not touch their money, and just sign a marker. The marker isn’t actual money, it results in the gambler having access to gaming chips in the dollar amount of the marker. The casino likes to point out that if you win, you just give back the amount you borrowed and keep the profit.

Gambling markers are big business here in Las Vegas. If you qualify for one, a casino will gladly grant you one at your peril. Here are some things you need to know about Las Vegas casino markers before you go down that road.

Casino Marker Explanation

Casino markers are generally defined as short-term, no-interest credit lines extended by casinos. In reality, however, this explanation is extremely misleading. Because gambling institutions treat these markers as credit when they give them out, many people assume that they are no different from credit card lines of credit.

This couldn’t be further from the truth. The law describes Las Vegas casino markers as checks, and unpaid casino markers can be prosecuted under Nevada bad check laws.

The Process Of Obtaining A Casino Marker

Before receiving a casino marker, the patron must complete a credit application asking for information such as his name, social security number and complete bank account information. Once approved, the gambler can request a marker for a specific amount, which is then printed in the cage or the pit. The customer must sign the marker, after which he is free to redeem it in the form of chips or cash to use at the slot machines.

The Terms

Gambling markers are interest-free, provided that the borrower repays them within the specified period of time. For Nevada casino debts, the timetable is usually around thirty days. After this, some clubs may offer a payment plan to patrons who request it, but they are not required to do so. If they do agree to take installment payments, they will charge interest. More often than not, they will simply press charges against those who default on the casino marker. Casinos can be intensely aggressive about pursuing these claims.

The Collection Process

After thirty days of nonpayment, the casino attempts to withdraw the funds from the bank account on the credit application. If the money isn’t available, the gaming hall is required to send a certified letter giving the customer ten days to pay. In the event that the marker still isn’t redeemed, the casino turns the case over to the District Attorney’s Office, who then sends another ten day notice with an additional 5 to 10 percent added in fees. After that, if the money is still outstanding the person can be arrested and prosecuted to the furthest extent of the law.

Penalties

In Nevada, failing to pay a casino marker is an extremely serious offense. It carries the punishment of at least one year in prison and a fine of up to $10,000. Moreover, prison incarceration does not wipe out the debt–that unlucky person will still owe the casino when released from prison, and may face wage garnishment.

At the discretion of the District Attorney’s Office, additional felonies, like Burglary, may be charged, depending on the particular circumstances.

How Do Casino Markers Work

Nevada law assumes an intent to defraud the casino, and cases are prosecuted in criminal court. Because it is considered a criminal matter, even bankruptcy will not free a person of the debt.

What To Do If You Have Defaulted On A Casino Marker

If you have outstanding Las Vegas casino markers that you can’t pay, it is vital that you contact an attorney as soon as the casino notifies you of the debt. The longer you delay, the greater the penalties you potentially face. If you wait too long, you can be arrested anywhere and extradited back to Nevada, which could mean a very long car or plane ride in handcuffs. A lawyer can stop this process, help you fight the charges, and stay out of prison, give us a call today at 702-463-5590.

How Casinos Will Collect on Markers

Gambling in Las Vegas is fun, exhilarating and exciting. Casinos dangle the carrot of big winnings that can make you financially independent for life if you just bet a few dollars. If you are a regular at the casinos and have good credit, a casino may allow you to sign what is known as a “marker” that allows you to gamble using credit. In the Sands Las Vegas properties, Reuters reports that two-thirds of table bets are made through markers. But, what happens if you cannot repay the marker after you are done gambling?

Nevada Law

What you may not know when you sign the marker is that you are not signing a credit slip with the casino. The marker is an actual check and can be treated like one by the casino. The casino will allow you to use the money for 30 days without interest. However, if you do not repay the amount you borrowed within that time, it is the same as if you wrote a bad check. This means that casino lawyers cannot garnish your wages for the debt you owe, but they can refer you to the Las Vegas prosecutor’s office and have you charged with a felony.

History of Markers

Even in the early days of gambling, people used credit to place wages on the local pool game, back alley craps or a poker game in a hotel. As Las Vegas became the place to gamble, junkets, or tour guides, offered credit to gamblers, often backed by bookies and the Mob. Not paying your debts to the junkets was often the same as not paying the Mob bosses. In the 1940s, casinos began issuing credit, taking most of the mob out of the lending business. Before 1982, Las Vegas casinos had no method for recovering unpaid markers. When New Jersey legalized gambling, the law included a provision that allowed casinos to collect markers as bad checks. Las Vegas quickly followed suit and bad debts are often collected by the District Attorney Bad Check Unit.

Defenses to Unpaid Markers

There have been cases where gamblers who owed a significant amount of money to casinos claimed they should not have to pay due to the casino’s actions. In one high profile case, Terrance Watanabe lost $127 million at Caesars Palace. After paying $112 million back, he refused to pay the remaining $14.7 million claiming that the casino had given him painkillers and allowed him to gamble under the influence. He pointed to the fact that other casinos had barred him for compulsive drunkenness and gambling while Caesars continued providing markers. Eventually, Watanabe settled with the casinos and paid $500,000 directly to the District Attorney Bad Check Unit. The DA’s office earns 10 percent with each collection the unit makes. Another defense if you are charged with a bad check claim is to show the court that you had the money in your account at the time the check was written as this may prove you had no intent to defraud the casino. There have been cases where the marker is thrown out because it is not completely filled out or your signature does not match.

How Do Casino Markers Worksheets

If you have an overdue casino marker, contact our office today to learn what rights you may have. You can reach us by phone at 702-380-8248 or emailing brian@bjsmitchcriminaldefense.com to arrange for a no obligation consultation.