What is a bad check?

A bad check is a check that is not honored when presented at the bank. The bank may indicate that the check was not honored due to “insufficient funds”, “account closed”, “stop payment” or some other reasons. If the bank returns the check to you or informs you that the check was not honored, then you can submit the bank copy of the check to our unit for review, and we will identify whether or not we can help you obtain resolution.

What qualifies as a bad check that I can submit to the District Attorney’s Office?

Generally, all checks received in exchange for money, property, goods or services, that were thought to be good upon acceptance, and that are not classified as civil or non-prosecutable.

What are examples of bad checks that cannot be submitted to the Bad Check Unit?

• Checks that are not in exchange for goods or services.
• Checks that do not show payee, date, amount or signature.
• Checks that are pre-dated or post-dated, or where an agreement was made to hold the check for later payment.
• Checks, other than to a licensed gaming establishment, for which you have later accepted partial payment.
• Checks for which identification of the check writer and person accepting the check cannot be ascertained.
• Checks not written or passed within Clark County.
• Checks to pay a pre-existing debt such as a loan.
• Checks that are altered or suspected of being forgeries or counterfeit.
• Checks written for less than $50.00
• Two-party checks.

If we are unable to help you because of the particular facts of your case, we will return the check with an explanation.

What actions does the District Attorney’s Office take?

The District Attorney’s Criminal Division prosecutes criminal offenses. However, Nevada law allows the establishment of a Bad Check Diversion Unit, giving eligible offenders the opportunity to resolve bad check cases without prosecution. The goal is to recover 100% of the check’s face value, plus up to $25 per check for bank return fees and certified mail costs. Offenders must also pay a statutory administrative fee to the District Attorney’s Office.

If your case is accepted, a notice will be sent to the check writer advising them that the matter has been submitted for prosecution. If they fail to contact our office and arrange restitution, the case will be reviewed for possible criminal filing.

Only the District Attorney’s Office can determine whether sufficient evidence exists to file charges and whether prosecution is warranted. If charges are filed, you will be notified in writing.

What is a casino marker?

A casino marker is an interest-free line of credit that Nevada casinos offer patrons to gamble with. Patrons are expected to repay these loans soon, typically within 30 days. In most states, defaulting on a loan is a civil offense. But Nevada makes it criminal fraud to default on casino markers (NRS 205.130). In fact, the Clark County District Attorney’s Office has an entire division devoted to unpaid casino marker prosecutions. It is called the Bad Check Unit.

Can a casino marker or a bad check debt be discharged in bankruptcy?

No. But if the criminal charges get dropped, then the defendant may be able to discharge any remaining debt in bankruptcy.