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Question of the Day - 06 March 2023

Q:

I asked my host what happens if a casino credit customer walks without paying his marker. Among other things, he told me that when all else fails, the Clark County District Attorney's office gets involved in collecting the debt for the casino. Can this be true? My host usually knows what he's talking about, but in this case, I have to wonder. A public taxpayer-funded office working directly for private corporations? If so, how did that happen? 

A:

Yes, it's true. As a last resort, the Las Vegas casinos turn to the county District Attorney's office to collect bad debt from gamblers.

Here's how it works.

Mr. A applies for casino credit at the Hats and Horns Casino in the amount of $50,000. He fills out the application (including his employer, Social Security number, date of birth, and banking information), submits the paperwork (including a blank check and a copy of a passport or drivers license), and receives approval. Mr. A arrives at the casino, sits down at a blackjack table, signs three markers, one for $5,000 and two for $10,000, and proceeds to lose the $25K.

Then he goes home without settling up with the casino, puts his head in the sand, and hopes the Hats and Horns forgets all about him.

Or maybe Mr. A just doesn't understand that casino credit isn't like a revolving credit card with up to a 30-day grace period. No sir. Instead, casinos expect credit gamblers to settle their debts before they leave Las Vegas. Casino credit managers frown on gamblers who tuck their tails and try to skulk away, though they might not compel the gamblers to pay up on the spot. For example, Mr. A's credit manager or host can arrange for a short billing cycle (usually up to 30 days, depending on the gambler's credit and play history).

Now, if Mr. A walks without paying or arranging for a disposition, doesn't settle up in the agreed-upon time frame, or wins money at the casino and leaves without retiring his markers, the casino can deposit the marker in its bank account. How? Well, the marker is a negotiable financial instrument. It looks like a bank check. It waddles like a bank check. It quacks like a bank check. The casino simply deposits it, like it does any other personal check made out to it.

If Mr. A's marker bounces, the casino usually deposits it a second time. If it comes back again, a credit manager will attempt to contact Mr. A and come to some payment agreement with him. But if he tries to skulk or doesn't pay, that's when the District Attorney fun starts.

The DA simply puts out a warrant for Mr. A's arrest. This warrant goes out over an extensive network, so the first time a law-enforcement officer anywhere in the country pulls up Mr. A's name for some reason (traffic stop? concealed-carry permit? border crossing?), there he is, with a living-color warrant issued in Clark County for his arrest. The charge? Defrauding a casino.

Mr. A can be, and often is, jailed till he makes bail. He can be held for extradition to Nevada. Meanwhile, the clock on late fees and fines has been ticking. He'll have to pay up in full before the warrant is retired. And he can even be prosecuted for and convicted of defrauding a casino and then he's a felon.

Thus, in essence, the DA is a collection agency for the casinos. 

As for how it happened, our book Joe's Dash tells that story in deep detail. That's because Joe Dorsey, the Joe of the title, came up with it. 

Joe Dorsey was a San Diego detective when he was recruited by the Nevada Gaming Control Board as an investigator; from there he went to work for Steve Wynn at the Golden Nugget as director of security and surveillance; his job description at the GN also involved collecting from gamblers who owed on their markers.

From his experience as a cop, Joe put two and two together and figured out that, since bouncing a marker was no different than writing a bad check, it was a crime that could and should be prosecuted. He wrote, in essence, a police report on a deadbeat gambler from whom he was having trouble collecting, wording it exactly as he would for a check kiter. 

Then he presented his case to John Moran, the Clark County Sheriff at the time (late '80s). Joe and Moran were friendly. Moran assigned a detective to take Joe's case to the District Attorney. The DA picked up the ball and ran with it. It didn't hurt that the DA took a commission on its collection.

Though it took another few years for all the casinos to sign up for the "service," it did catch on and it's been policy ever since.

 

No part of this answer may be reproduced or utilized in any form or by any means, electronic or mechanical, without the written permission of the publisher.

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Comments

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  • Flaxx Mar-06-2023
    "Commission"
    "It didn't hurt that the DA took a commission on its collection." Can you elaborate on this? Was that a one-time thing? Is a commission always paid? Is it like court costs? It is the crux of the question because without a commission, the DA's actions are simple law enforcement; with it, they become more like what the questioner was asking.

  • Jackie Mar-06-2023
    @ Flaxx
    "Commission" AKA Motivation happens on a regular basis throughout our countries legal profession.
    Judges, District Attorneys, Lawyers, any Law Enforcement Officer. oh and Members of Congress, not to mention the Supreme Court.
    
    That is why the wealthy can do anything they please and never get prosecuted successfully for it.
    I know, I know, our country was never meant to be that way and our "Founding Fathers" must be spinning in their graves over it, but what to do about it?  
    
    Las Vegas and Nevada's economy is fueled by casino profits so when someone ties to default the casino they are actually defaulting Nevada economy which means higher taxes put upon the citizens to make up the difference.
    
    Which do you prefer to happen Flaxx?

  • Bobq Mar-06-2023
    Bobq
    The D.A. is not a collection agency for the casino's or only the rich. The law applies to anyone who has been affected by fraud, if you can prove it. (written and signed contract).

  • Ray Mar-06-2023
    Last Resort?
    Meaning he has left town so they can't take him in the back room and beat it out of him? (Or don't they admit to doing that anymore?)

  • Kevin Lewis Mar-06-2023
    Not surprising
    In Nevada, the casinos ARE the government--or at least, the government works for the casinos. They haven't made it illegal to win. Yet.

  • Randall Ward Mar-06-2023
    markers
    yes, it's basically a short term loan and is very collectable. 

  • rokgpsman Mar-06-2023
    A marker is a debt instrument
    When you setup casino credit so that you can get a marker anytime you want one they tell and it says on the form that you are essentially setting up a bank draft authorization. So getting the marker is treated the same as you writing them a check and they hold it for a while in the cage. If you go back a short time later and payoff the marker the "check" is cancelled/retired, if you don't pay it off the casino runs it thru your bank account. If it bounces it's treated the same as any other bad check, nothing nefarious about this, the DA can go after anyone that writes a bad check. The only thing out of line I see in this story is if the DA office accepted compensation for doing their job.

  • Diane Crosby Mar-06-2023
    Common Practice
    On a much, much smaller scale, this is how it works for businesses in other places, too. We have a small mom and pop store with charge accounts. If we have done our very best to collect an account, we turn it over to our local sheriff's office, who does take a percent of what's collected.

  • Brent Peterson Mar-06-2023
    Late Fees and Fines
    How much are the late fees and fines for not paying?

  • [email protected] Mar-06-2023
    Steve Wynn
    Was always "ahead of the game" in the casino business and I'm not surprised at all that the he hired "the best" at nearly every position in his properties including Joe Dorsey. Great guy.

  • Deke Castleman Mar-06-2023
    This in from Jeff via email
    I think it is common across America for the District Attorney to add a recovery fee to a bad check settlement. It happened to me in OKC when I had to collect from a customer about 30 years ago Here's how it was explained to me.
    
    A bad check is theft of good or services, which is a crime. If I take a partial payment, or payments, on the bad check, then I have engaged is a civil contract. And the bad check is no longer criminal. To make sure the DA can collect, then I have to make the DA the 100% collection agent. The DA collects 100% of the bad check amount and pays me. The person who wrote the bad check pays legal fees incurred by the DA on top of the check amount.

  • Bobq Mar-06-2023
    bobq
    The only compensation I would think the court's would get is court cost's, which happens with any case. The loser of the case pays those. There is nothing unusual about this. It would be the same in any state, casino or no casino.