Las Vegas Criminal Defense Blog

Last year NBA star Charles Barkley made headlines when he racked up a $400,000 debt in casino markers in Las Vegas. The Clark County D.A. threatened criminal prosecution after issuing an additional $40,000 fine in "bad check" fees. Being a wealthy man, Mr. Barkley avoided court by repaying all his debt to the Wynn Casino and the D.A. . . . but what would have happened if he didn't have the money?

Casinos make gambling more convenient for customers by extending them credit lines, called markers. "If customers don't repay what they borrowed within the designated timeframe," warns Las Vegas criminal defense attorney Michael Becker, "casinos report the debt to the D.A., who may prosecute under NRS 130." An unpaid casino marker of $250 or more is a felony in Nevada, carrying up to four years imprisonment and hefty fines including full restitution of the markers.

In order for suspects to be convicted for unpaid casino markers in Nevada, however, the D.A. must be able to prove "intent to defraud." Intent to defraud is usually presumed if the suspect had insufficient funds in his bank account at the time the markers were given. However, the case might be dismissed if the suspect can show a long history of paying back markers, if the suspect got ill, if he had other assets that exceeded the amount of the markers, or if the casinos clouded the suspect's judgment by providing him with alcohol.

Even if Mr. Barkley's case had gone to criminal court and he won, he still would have remained civilly liable to the Wynn. In civil situations, however, casinos are more amenable to settling.

Las Vegas, Nevada, has the second largest number of child prostitutes in the country (Atlanta, Georgia ranks first). In an effort to curb this growing problem, Governor Jim Gibbons signed Nevada Assembly Bill 380 just this morning, which makes Nevada’s prostitution laws regarding under-aged sex workers the harshest in the U.S.

Contrary to Sin City’s reputation, prostitution in Las Vegas, Nevada is actually illegal. ("Nevada does permit prostitution in twelve rural counties," explains Las Vegas prostitution defense lawyer Michael Becker, "but it must take place only in licensed brothels that follow strict health and safety regulations.") The new bill doesn’t affect the current penalties for prostitution and solicitation, which are just misdemeanors (NRS 201.354). But, starting October 1, 2009, Nevada will increase punishments for pandering (commonly referred to as “pimping”) as well as trafficking:

Prior to AB 380, the crime of pandering or trafficking a child under 18 years old carried a maximum of twenty years in prison and a $20,000 fine. Now, if the child is between ages 14 and 18, the fine is raised to $100,000. And if the child is under 14, the fine is now $500,000. In addition, the suspect’s assets may be frozen and forfeited without a hearing. By increasing the monetary penalties of child trafficking and pandering for prostitution, Nevada hopes to deter the practice altogether.