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Markers covered by check law

Friday, Dec. 15, 2000 | 11:05 a.m.

CARSON CITY -- The Nevada Supreme Court has rejected a claim by a Texas gambler that casino markers issued by Nevada casinos are not covered by the state's bad check law.

The court, in a unanimous decision Thursday, turned down the appeal of Tuan Ngoc Nguyen, who pleaded guilty to one count of drawing and passing a check without sufficient funds and was placed on four years probation.

In December 1995, Harrah's Las Vegas issued a $5,000 marker to Nguyen, the Luxor gave him a $5,000 marker and the Excalibur issued a $2,500 marker. He left without paying. When the casinos sent the markers to the Texas First National Bank, they were informed the account had been closed.

Nguyen raised the issue of whether the criminal law on passing a bad "check or draft" applies to casino credit instruments, which are called markers. Nguyen suggested these should be characterized as loans.

But the court said, "... we conclude that the markers at issue in the instant case fall under the purview of the bad check statute. The markers provided a mechanism for payment of a specific sum of money from the Texas National Bank to the order of these gaming establishment"

In a separate case, a federal judge in Las Vegas this year also upheld the collection of casino markers under Nevada bad check laws.

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