The law regards casino markers as equivalent to paper checks that patrons would issue to any non-casino merchant. There is however, a slight difference between such markers and
conventional negotiable instruments that are commonly called “checks:” Most gaming establishments agree to retain the item for up to 30 days before presenting it to the customer’s bank for payment.
This courtesy allows the player to “redeem” the marker by paying it in full prior to that time expiring. As one might expect, casinos offer this “convenience” to stimulate greater gaming activity and overall profits. Nevada Revised Statutes makes failure to repay markers within 30 days a serious crime. Such actions are subject to correspondingly severe criminal sanctions.
Thus, those with outstanding casino markers must take prompt action to resolve the matter. Las Vegas gaming establishments vigilantly pursue patrons who default on such obligations by seeking the highest possible penalties that the law allows.
Collection attempts typically entail several attempts by a casino’s internal collections personnel to recover the marker’s full value. If those efforts are unsuccessful however, Nevada law permits the local District Attorney’s Office to intervene. Once matters deteriorate to this point, you may face formal criminal allegations of fraud and theft for failure to pay your marker(s) off.
Unpaid Casino Markers: What Occurs When Players Can’t Pay Them Off?
Most often, casinos try to recover the funds on their own prior to involving law enforcement officials. Since casino markers function in the same fashion as do ordinary paper checks, the patron must supply all details about their banking information at the time of initial marker application.
Gaming establishments then verify all data supplied and pertinent details about average balances maintained for a minimum time period, prior to approval and assignment of a credit line to the player/applicant. So the casino\’s first collection attempt consists of simply attempting to cash the marker at the customer’s bank. If there are insufficient funds in the account to cover the marker, then the casino will try to get in touch with you concerning the outstanding debt.
Under Nevada law, casinos must mail a certified letter to your last known address to advise you of the default and give you a 10-day window of time in which to respond. If the casino cannot reach you, their next step is to turn the marker over to Clark County’s District Attorney by initiating a formal criminal complaint.
Once this occurs, you cannot repay the casino marker directly to the gaming establishment to which it was originally owed. Instead, you have to resolve matters via the District Attorney’s Office. After receiving a formal casino complaint against you, the D.A. will mail a second certified letter to advise you of the matter and allow you 10 additional days to respond. By that time, extra fees and state-imposed charges for processing the complaint will have been added to your original balance.
If you still fail to respond, the DA will issue an arrest warrant for you. If your failure to respond continues after warrant issuance, you will eventually be arrested and face restitution and/or incarceration. Once formal charges are filed, you cannot negotiate directly with the gaming establishment. You must instead deal with the DA’s Office.
At this point, representation by a qualified casino marker lawyer experienced in Nevada gaming law is imperative to protect your interests and legal rights. Such counsel is even more essential for those facing extradition from another jurisdiction to face pending criminal charges in Nevada. Casino marker lawyer Brian J. Smith has an exceptional track record of success for averting extradition proceedings and facilitating arrest warrant recall on behalf of his clients, both American and international.
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