How Casino Markers Work

Synkros’ robust data analytics combined with Marker Trax technology allows administrators to track all activity associated with an extension of credit. This creates a verifiable audit trail to ensure casino credit is enjoyed within the casino environment. A casino marker is an advance that a casino has given a known gambler to their casino. Legally what it is, is nothing more than a check that the gambler is actually writing to the casino and the casino is waiting to cash it. Because it’s considered a check, at the time that a person is gambling they are required to have the money ready and able to be cashed at that moment in time. 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.

A bad check can be prosecuted as either a misdemeanor or a felony in the state of Nevada. Casino markers are treated the same as checks for purposes of prosecuting a crime.

Under Nevada law, if a check bounces and the person who wrote the check fails to pay within five (5) days of written notice that the check failed to clear, it is assumed that the matter is a case of intentional fraud.

NRS 205.132 creates an assumption that there was an attempt to defraud a party if the check bounces or the party fails to pay within five (5) days of written notice of insufficient funds. Therefore, a bounced check becomes a criminal charge under Nevada law. If you write a check knowing that the check will not clear on the date the check is written, it is a crime. A bad check under $650 is a misdemeanor charge, and a bad check of $650 or more is a felony charge.

How Casino Markers Work

CASINO MARKERS

Under the current rulings of the Nevada Supreme Court, a casino marker is the same as a check. This is a unique ruling, and other states have rejected this notion. However, ANY casino marker can be prosecuted just like a bad check case. There are constantly appeals before the Nevada Supreme Court on this issue, but it is unlikely to change in the immediate future.

BANKRUPTCY

Generally, civil debts can be discharged or reorganized under Federal Bankruptcy laws. However, in Nevada a person can still face criminal prosecution, even if the person declares bankruptcy. This has allowed casinos in Las Vegas to circumvent the bankruptcy protection laws and pursue your debt criminally. Other Federal courts have rejected the notion that casino markers can survive bankruptcy. It is likely that Nevada will agree in the future. However, at this point criminal charges can still be brought and sustained, with judges having the power to order restitution be paid to the victim of the bad check.

How Do Casino Markers Work

As you can tell, Nevada casinos have an extremely powerful lobby in the State of Nevada. They have been able to influence the legislature to enforce their debts with the power of the District Attorney. Many attorneys, including this firm, find this to be distasteful and unconstitutional.

If you are being charged with writing a bad check, or more seriously, taking out a casino marker with knowledge that there were insufficient funds available to cover the transaction, you need the representation of an experienced Las Vegas criminal defense attorney. There are numerous potential defenses to the charges, and each situation is unique and needs the proper analysis. In worst case scenarios, plea bargains can be negotiated that results in the reduction or dismissal of criminal charges.

201510.110
How

How Do Casino Markers Work

Only in Nevada. That’s a phrase which applies to many activities. No other State has counties with legal prostitution. No other state has a city which has more hotel rooms at one intersection (Tropicana and Las Vegas Blvd) than the total number of hotel rooms in the entire City of San Francisco. And no other state has made it legal to put people in jail for owing money to a casino.

How can this be possible? If you owe money on a credit card, you can refuse to pay and although your credit will suffer, you won’t go to jail. You can even stop paying your mortgage, and end up losing your home, but you won’t go to jail. However, owe a few bucks to a Nevada casino and you’ll have the District Attorney issuing a warrant for your arrest which will follow you anywhere in the United States and many parts of the civilized world.

The legal trick played by Nevada law involves the conversion of a gambler’s IOU or “marker” to a casino into a “check” from that gambler’s bank account.

Casino Markers How They Work

In recent years casinos have increasingly urged gamblers to take out markers instead of using their own money to gamble with. A person who plans to gamble a large amount of money would either have to bring lots of cash, or hand over a check, which takes time to clear, or complete a wire transfer into the casino bank. 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. If you lose the amount borrowed through the marker, you have to pay the casino the dollar value of the marker, usually within 30 days. Most of the time, the gambler pays the casino and the matter is closed. Sometimes, the gambler doesn’t have the money to make up the amount of the marker, and things quickly go South. Here’s where the “check” fiction stings. As pointed out above, under Nevada law, the marker isn’t a simple IOU, its a check from YOUR bank account. So when the casino deposits that “check” into your account and there are insufficient funds in that account, you just bounced a high dollar check. That’s a felony in Nevada.

That’s how a simple debt between you and a casino can become a felony case. Only in Nevada.

Hire an Attorney to Help With Your Marker Case

If you’re facing a casino marker case you need to hire an experienced attorney. Gabe Grasso can help keep you out of jail on your marker case as well as give you more time to pay the debt and possibly even reduce the amount you owe.

How Do Casino Markers Work

If you’re having issues with casino debt contact attorney Gabe Grasso today for a free consultation.

How Does Casino Markers Work