LIM & CO, WILLY
Casino Markers / Bad Checks – N.R.S. 205.130
A person who willfully, with an intent to defraud, draws or passes a check or draft to obtain money, delivery of other valuable property, services, the use of property, or credit extended by any licensed gaming establishment, drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor carrying up to a 6 month jail sentence, and a fine up to $1,000, if the amount of the check is below $250. If that instrument, or a series of instruments passed in the state during a period of 90 days, is in the amount of $250 or more, the person is guilty of a category “D” felony carrying a sentence of 1 to 4 years in prison, and up to a $5,000 fine.
In Nevada, it is called a “marker” when you borrow money from a casino. If you do not pay back your marker, you can be charged and convicted of a felony, which carries a possible prison sentence. Further, a felony conviction for this type of crime will almost certainly result of the loss of most professional licenses.
This matter needs to be addressed as soon as possible. The District Attorney’s Office can obtain a warrant for your arrest, without you even knowing the warrant exists. This warrant is reported nationwide. This means that you can be arrested in any other state at any time. If you out of the country, you may be taken into custody when you return to the Hong Kong.
If you think you owe a casino money, or have just received a letter from the District Attorney, you should call us immediately. We do not recommend that you contact the District Attorney’s Office directly. Their function is to gather information from you to find out your location and collect money for them and the casino. They are not there to assist you in this case.
Bad Checks Frequently Asked Questions
The DA just sent me a letter, what should I do?
You should contact an attorney immediately. The DA gave you a set amount of time to respond, usually 10 days. If you fail to respond to them within that time period, a warrant will be issued for your arrest.
If I pay the money back, will I have a criminal conviction?
This depends. In general, the longer it will take you to pay back the money, the greater the likelihood the DA will want a criminal conviction. You need an experienced criminal defense attorney to ensure that you do not have a criminal conviction on your record.
How long will I have to pay back the money?
The DA will generally require you to pay the money back in 6 months. You will need an attorney to extend the time period and/or to ensure that you do not have a criminal record once you are finished paying.
Can I come to Las Vegas while I am making payments?
In you live outside of Nevada, and the DA has issued a warrant for your arrest, the warrant will remain active in the State of Nevada while you are making payments. You will need to contact an attorney if you desire or need to come to the State while you are making payments.
Why is the amount the DA is stating I owe more than the amount of the markers?
The DA adds fees to the amount that you originally borrowed. They do not remove these fees.
How is it constitutional to threaten to arrest me for bad debt?
The Nevada Supreme Court believe it is. The money owed to the casino is treated not as debt, but as restitution to the “victim” in a criminal case.
The Nevada Supreme Court reviewed the bad check scheme in Nguyen v. State. There, the Nevada Supreme Court determined that markers will be treated like checks for purposes of prosecution. In our opinion, Nguyen is more important for what did not occur there. In that case, the defendant plead guilty to one court of drawing and passing a check with intent to defraud. He admitted that he committed the crime. Therefore, none of the issues we believe have a good chance of success were addressed by the court.
Specifically, NRS 205.135 creates a presumption of intent and knowledge of intent to defraud if the drawee refuses to pay the money within the usual course of business unless he pays the money back within 5 days of receiving notice that there were non sufficient funds to cover the amount of the marker in his bank. We believe, if properly presented, this statute has a chance of being found unconstitutional.
Think about your situation. When you took the markers, was your business doing well? Did you have the money in your checking or savings accounts to pay back the casino? Have circumstances changed in your financial situation that have make it impossible to pay the casino back? In a bad check prosecution, one of the elements the State must prove beyond a reasonable doubt is that you intended to defraud the casino.
Can I fight the charges?
Absolutely. There are several defenses to the charge of drawing and passing a check with the intent to defraud. However, we need to start your defense as quickly as possible to protect all of your rights. We handle bad check cases a very specific way to maximize your chance of success.
I filed bankruptcy. Why is the DA still contacting me for money?
Again, the DA views this “debt” as restitution in a criminal case. They may still file criminal charges even if the debt has been extinguished in the bankruptcy.
