What is a “Casino Marker” in Las Vegas? A Defense Lawyer Explains

Under Nevada Revised Statute § 205.130, a casino marker is “credit extended by any licensed gaming establishment.” Casino patrons use these short-term, interest-free loans to gamble on the premises.

In Nevada, failing to repay a casino marker within the designated time frame is usually a category D felony. This carries one to four years in state prison, fines, and full restitution to the casino.

In a gambling mecca like Las Vegas, it is no surprise that unpaid casino markers are among the most common charges I fight. However, my clients are always surprised to learn this is a crime at all and not a mere civil offense like in most other states. The Clark County District Attorney’s Office even has an entire division devoted to unpaid gambling debt prosecutions called the Bad Check Unit.

The biggest surprise to my clients, though, is the unfairness of Nevada law. If your bank has insufficient funds to make good on your casino marker, the courts will presume you intended to defraud the casino.

This puts the burden on us to prove your innocence. What usually ends up happening is I work out a repayment plan with the casinos; then once the debt is satisfied, the criminal charge gets dismissed.

In this article, I provide a detailed overview of everything you need to know about Nevada casino marker laws.

Getting a Casino Marker

To obtain a casino marker in a Nevada casino, you fill out a credit application. Then the pit boss or casino host runs a credit check through Central Credit, the gaming industry’s dedicated credit bureau. This allows them to see your credit history with other casinos across the country.

If the Nevada casino approves the application, you will receive the marker, which can be redeemed for cash or gaming chips.

In my opinion, casinos hand out markers far too easily. The patrons receiving them often do not understand their obligations or that they face serious prosecution if the markers are not repaid.

Criminal Case Process

After you take out a casino marker in Nevada, you have a limited amount of time to pay it back.

This “holding period” is usually 30 days, but not always. Sometimes, smaller markers (under $1,000) must be paid in as little as a week, while high-value markers ($100,000+) might be held for 45 to 90 days to give the player time to pay.

If the applicable deadline passes to pay back your casino marker in Nevada, the following events will occur:

1. The casino will attempt to redeem the marker at your bank.
2. If the marker bounces for insufficient funds, the casino will send you a certified letter with a “notice of refusal of payment.” This gives you 10 days to repay the debt.
3. If the 10-day deadline passes, then the casino will file a complaint with the District Attorney. At that point, the case is out of the casino’s hands, and any future dealings on the matter will be with the D.A. – not the casino.
4. The D.A. will then mail you another certified letter giving you an additional 10 days to repay the debt, plus the D.A.’s processing fees (about 10% of the unpaid marker’s value).
5. If the D.A.’s 10-day deadline passes, then an arrest warrant will be issued for you.

Once the warrant is issued, you can be apprehended at any time. This usually occurs during a traffic stop or at a border crossing. The police can also come searching for you, typically at your home or office.

If you are out of state, you can be extradited back to Nevada to face the casino marker charges. The extradition process itself is lengthy, and you could be detained for a month before being transported back.

So many of my clients were shocked that the casinos went after them at all. They thought their letters were empty threats and that casinos earned too much money to care about redeeming a few unpaid markers.

I can tell you that in two decades of handling these cases, I have never seen a casino not pursue an unpaid marker, no matter how small. And why shouldn’t they? The Bad Check Unit handles all of the work. It costs casinos nothing to go after every last marker.

Penalties for Unpaid Casino Markers

Defaulting on a marker worth less than $1,200 is a misdemeanor in Nevada. The sentence includes:

• Up to 6 months in jail and/or
• Up to $1,000 in fines.

Defaulting on a marker worth $1,200 or higher is a category D felony. The punishment includes:

• 1 to 4 years in Nevada State Prison,
• Restitution of the outstanding casino marker debt,
• Administrative fees (an extra 5% of each marker of $10,000 or less, and an extra 10% of each marker of more than $10,000), and
• $5,000 in fines (at the judge’s discretion).

The D.A. prosecutes each unpaid casino marker as a separate charge.¹

In addition, the casinos can bring civil lawsuits against you for the amounts owed. In practice, this rarely happens: Casinos usually rely on the Bad Check Unit to recover the money. The only casinos that routinely bring civil charges regarding markers are the Venetian and Palazzo.

Getting a Dismissal

In my experience, the D.A. will likely dismiss all your Nevada casino marker charges if you repay the markers in full. Just recently in 2025, Las Vegas prosecutors dropped a fraud and theft case against former NBA player Marcus Morris after he paid back his alleged $300,000 casino marker debt.²

In many cases, prosecutors allow you to make monthly payments until your debt is paid. I have also handled cases where prosecutors settled for less than what was owed, though this is rare.

Declaring Bankruptcy

Nevada casino marker debt cannot be discharged in bankruptcy while the criminal case is open. If the criminal charges are dismissed, you may be able to discharge any remaining debt in bankruptcy.

The fact that criminal casino marker debts cannot be discharged in bankruptcy always comes as another huge surprise to my clients. I agree it is unfair, though in a state built on gambling, it is not unexpected.

Fighting the Charges

Here at Las Vegas Defense Group, I have represented literally hundreds of people charged with unpaid casino markers. In my experience, the most effective defense with prosecutors, judges, and juries is to show you had no intent to defraud.

This defense is admittedly an uphill battle because Nevada law presumes you had intent to defraud. It does not matter if:

• your bank account had sufficient funds when you took out the marker, or
• you genuinely planned on repaying the debt.

Still, it may be possible to show that you had no fraudulent intentions in certain circumstances. Four scenarios that may give us some negotiating power are:

1. The casino and you had a long-standing relationship where you always reimbursed the casino on time, and the current situation is an anomaly;
2. You were seriously ill or in the hospital, which is why you could not repay the markers on time; or
3. The casinos gave you markers after intoxicating you with drugs or alcohol, so you were not in your right mind when taking the loan;
4. There was a miscommunication between you and the casino regarding how your line of credit works and the repayment terms, and your actions were based on a genuine mistake of fact.

Unfortunately, it is not a valid defense to argue that casino marker laws create a debtor’s prison, or that markers are not really “checks.” The Nevada Supreme Court has already heard and rejected these arguments.³

Statute of Limitations

Nevada prosecutors generally have four years to file charges for unpaid casino markers. While the standard deadline for many felonies is three years, the D.A. typically charges unpaid markers as theft (under NRS 205.0832), which carries a four-year statute of limitations.⁴

Additionally, even if you avoid criminal charges, the casino has six years to sue you in civil court for the debt.⁵ Be careful when making partial payments on old debts. In some cases, acknowledging the debt by paying a small amount can “restart the clock” on the six-year civil statute of limitations, giving the casino a fresh window to sue you.

If You Left Nevada

If you have outstanding casino marker debt in Nevada and are out of state, I can contact prosecutors to try to persuade them to delay prosecution or drop your case altogether. If you already have an active warrant, I may be able to bypass extradition and get your arrest warrant recalled by requesting a “walk-through.”

A “walk-through” is when you surrender to the police in Nevada, but you would be released immediately after being fingerprinted and photographed. Although you have to travel back to Nevada for this, at least you would not have to remain in jail during the case.

At that point, I would attempt to negotiate a settlement with the D.A. and represent you in all future court appearances. You should not have to come back to Nevada again unless your case goes to

• preliminary hearing or
• trial,

which is rare because I can usually come to a resolution earlier than that.

If You Are Foreign

A considerable number of casino marker defendants are foreign nationals who were simply unaware that nonrepayment of casino markers is a crime.

However, just one casino marker case can be enough to preclude foreigners from reentering the U.S. It can also prevent non-citizens from obtaining or retaining a visa or green card. Since these cases involve an intent to defraud, unpaid markers can also disqualify foreigners from ever becoming citizens.

For my non-citizen clients accused of not paying back casino markers, the goal is two-fold: 1) Get the best result possible in the criminal case, and 2) Minimize any negative immigration consequences.

Tax Implications

Whether you take out a casino marker or not, federal tax law treats gambling winnings and losses separately. You must report all gambling winnings as income. If you itemize deductions, you may deduct gambling losses subject to the limits in effect for the applicable tax year. Beginning with the 2026 tax year, the federal deduction for gambling losses is generally limited to the lesser of 90% of your gambling losses or your gambling winnings.

You are advised to consult with a tax specialist on how to itemize your deductions to write off your gambling losses.

Shills and Prop Players

Many people do not know that casinos have employees (“shills”) whose job is to gamble with house money to start or continue table games. The casino keeps any winnings, and the shill is not responsible for the losses.

Casinos also pay certain people to gamble with their own money (“proposition players” or “prop players”). They keep any winnings and suffer their own losses.

Each table can have no more than four shills or prop players at a time. Plus, they must identify themselves upon request.

Odds are always in the house’s favor, and paying shills and prop players are just another way casinos try to fill empty tables to attract you to join in on the manufactured fun.

Related Crimes

Depending on your specific case, you may face the following charges in addition to – or instead of – unpaid markers.

• Check Fraud (NRS 205.130) – Bounced checks carry the same prison and fines as unpaid casino markers do.
• Embezzlement (NRS 205.300) – stealing money or property entrusted to you by the owner.
• Forgery (NRS 205.090) – attempting to defraud another person by means of falsified or counterfeit documents.
• Fraud (NRS 205.330 -.460) – deliberately misrepresenting yourself or assets in order to receive benefits to which you are not entitled.
• Identity Theft (NRS 205.450 -.465) – using another person’s identifying information in order to harm that person or obtain something of value to which you are not entitled.
• Grand Larceny (NRS 205.220) – stealing $1,200 or more of money or property.
• Obtaining Money by False Pretenses (NRS 205.380) – deceiving another person to cheat that person out of valuable items.

Frequently Asked Questions

Can a casino sue me if I do not repay a marker?

Yes. A casino can file a civil lawsuit to collect an unpaid casino marker, plus interest, attorney’s fees, and other recoverable costs if allowed by law or contract. However, in many Nevada cases, unpaid casino markers are also handled through the criminal justice system rather than solely as civil debts.

In my experience, many people are surprised to learn that a casino marker is not treated like an ordinary gambling debt. I often hear from clients who assumed they would simply receive collection letters, only to discover that criminal charges or a warrant were possible. Acting quickly often creates more options for resolving the matter before it escalates.

Can I go to jail for not paying a casino marker?

Potentially, yes. If prosecutors prove you intentionally passed a casino marker knowing there were insufficient funds or with the intent to defraud, you may face criminal penalties that can include jail or prison depending on the amount involved and your criminal history.

In my experience, jail is rarely the outcome people should focus on at the beginning of a case. More often, the immediate priority is preventing an arrest warrant, negotiating repayment, and working toward a resolution that minimizes the long-term consequences.

Does paying back the casino automatically make my criminal case go away?

Not necessarily. Full repayment can significantly improve the chances of a favorable resolution, but it does not automatically require prosecutors to dismiss criminal charges. The final decision rests with the prosecuting authority.

I have seen many cases where prompt repayment helped lead to reduced charges or dismissal, but I have also seen situations where additional negotiations were necessary. The earlier you begin addressing the debt, the more flexibility there often is.

What if I honestly believed there was enough money in my bank account?

A genuine mistake can be a defense. Nevada prosecutors generally must prove the required criminal intent, and an honest belief that sufficient funds were available may undermine that element depending on the facts.

In my experience, misunderstandings involving pending deposits, overdraft protection, bank errors, or account transfers occur more often than people realize. These cases frequently depend on carefully reviewing bank records and the timing of transactions rather than simply looking at the final account balance.

Will I be arrested if I live outside Nevada?

Possibly. Nevada courts may issue an arrest warrant for unpaid casino marker charges, and that warrant can affect people even after they have returned home. Depending on the circumstances, extradition may also be an issue.

I regularly speak with people who thought leaving Las Vegas meant the problem stayed in Nevada. Unfortunately, outstanding warrants can interfere with travel, employment, and future visits to Nevada. Addressing the case proactively is almost always easier than waiting until an unexpected arrest occurs.

Can I negotiate a payment plan for a casino marker?

Oftentimes, yes. Casinos and prosecutors may be willing to accept repayment arrangements depending on the circumstances, although no payment plan is guaranteed.

I find that people often have more negotiating leverage before formal criminal proceedings advance. Waiting until after a warrant has been issued or a court date has been missed usually makes resolving the matter more difficult.

How long does the prosecutor have to file charges over an unpaid casino marker?

Generally, prosecutors have four years to file felony charges over an unpaid casino marker. Although casino marker cases are usually prosecuted under Nevada’s bad-check statute (NRS 205.130) rather than the theft statutes, they are generally treated like other theft-related property crimes for statute-of-limitations purposes.

In my opinion, waiting for the statute of limitations to expire is almost never a sound strategy. Casinos often pursue collection efforts well before that deadline, and prosecutors may file charges long before the limitations period ends.

Can bankruptcy eliminate a casino marker debt?

Usually not if the debt arose from fraud or results in a criminal restitution obligation. If there are no criminal charges and only a civil suit, then chances are better that casino marker debt could be discharged in bankruptcy.

I frequently hear from people hoping bankruptcy will resolve every financial obligation. While bankruptcy can be an important tool in the right case, it generally does not stop a criminal prosecution or automatically eliminate every obligation related to a casino marker.

Will a casino marker affect my credit score?

An unpaid marker itself does not automatically appear on your credit report. However, if the debt is sent to collections or reduced to a civil judgment, it may indirectly affect your finances and credit.

In my experience, the criminal consequences usually become the larger concern. Clients often contact me because they are worried about warrants or court appearances, only later realizing that collection activity can create additional financial problems.

Should I contact the casino myself after learning I have an unpaid marker?

You can, but you should be careful about making statements regarding why the marker was not paid. Anything you say could potentially become relevant if criminal charges are pursued.

From what I have seen, people often contact the casino intending to explain the situation, only to unintentionally make statements that complicate their defense later. Understanding your legal options before having those conversations can help avoid unnecessary problems.

Additional Reading

If you or someone you know is struggling with a gambling addiction, refer to the following:

• Gamblers Anonymous – 12-step argument to overcome a gambling addiction.
• National Problem Gambling Helpline Network – Call 1-800-GAMBLER for local resources, including in Nevada, provided by the National Council on Problem Gambling (NCPG).
• Compulsive Gambling – Informational article by the Mayo Clinic about what constitutes a gambling addiction.
• How gambling affects the brain and who is most vulnerable to addiction – Monitor on Psychology article about the neurological consequences of gambling.
• Gambling Addiction: Resources, Statistics, and Hotlines – Information compiled by the University of Nevada, Reno.