NRS 205.130: Check Fraud in Nevada—Defining Bad Checks and Penalties

Not many people carry around a checkbook these days. Checkbooks are basically something of the past since most monetary transactions are done electronically. Most people use debit or credit cards to make purchases or pay bills, however there are some people that may still carry around a checkbook.

In most cases, it’s older people who could not make the change to the newer technology. In others, it’s people who use checks to float money or write checks without having the funds to back up the check.

Whenever you write a check for a purchase or to pay bills, you must have the funds in the bank at the time you write the check.

Writing a check without sufficient funds to cover it is considered check fraud, as it involves knowingly issuing a check while aware the funds are unavailable.

Nevada also has a special clause for unpaid casino markers that falls under the check fraud laws in Nevada. 

Check fraud can be a serious offense that can lead to jail time, restitution, and even civil penalties.

If you are charged with check fraud or not paying a casino marker, you need to speak with a lawyer right away or at least respond to the institution that the check was written to for payment. Call The Defenders today if you have been charged with check fraud or any other financial crime. 

Our team of lawyers have experts on staff who specialize in financial crimes who can walk you through the process.

What Is Check Fraud in Nevada?

Under NRS 205.130, it is illegal to issue or pass a bad check knowing there are insufficient funds in your account to cover it. In Nevada, unpaid casino markers are treated the same as bad checks and are subject to the same legal consequences.

In Nevada, courts presume you have intended to defraud when the checks bounce or are sent through the bank and there are insufficient funds. 

Typically, individuals are presumed innocent until proven guilty. However, in this case, the court operates on the assumption of guilt.

Casino markers that go unpaid fall under the same laws as passing bad checks or check fraud. Casino markers are borrowing money from the casino, usually to continue gambling. They require you to pay with them via credit card, check or debit card.

If your credit is good enough, you can borrow the money with the understanding that you have to pay it back. If you fail to pay the marker you borrowed from the casino, you could be charged with check fraud and face civil liabilities.

What Are the Defenses Against Check Fraud?

The lawyers at The Defenders will use a variety of strategic defenses against check fraud or bad casino marker charges. The most common defenses against check fraud are:

Your Identity Was Stolen

Identity theft is another financial crime where someone’s identity is stolen. If your defense team can prove that your identity was stolen or someone stole your checks and forged your signature and someone else passed a bad check in your name then the charges should be dismissed.

You Paid Within 5 Days

If you made restitution within 5 days of being notified of the bad check, you are no longer considered to have intent. Usually, banks will notify you and if it’s under a certain amount of overdraft, the bank will pay the check and charge you a fee.

If the check amount exceeds the available funds, the bank will reject it and return it to the payee marked as insufficient funds. The business will then attempt to collect payment from you directly before pursuing legal action. In most cases, businesses will not escalate the matter further if you settle the payment within a specified timeframe, typically within 5 days.

You Become Incapacitated

Accidents or illnesses can occur, and while these circumstances don’t automatically excuse check fraud, they can reduce the presumption of intent. If the lawyers at The Defenders can show you were incapacitated or indisposed at the time the check bounced then you might be able to get the charges reduced or get offered a plea bargain.

Important Note About Intent

In any case, determining intent is a key focus for both prosecutors and defense attorneys. For instance, did you knowingly write a check without sufficient funds in your account? If you believed in good faith that the funds were available, there was no intention to commit a crime. In such cases, your lawyer may be able to have the criminal charges dismissed.

Each case of check fraud or other financial crimes are different. That’s why hiring a defense lawyer is the first step. A good defense team will be able to put together the best defense respectful to your particular case. 

Call the Defenders today to discuss your case for free.

What Are the Penalties for Check Fraud

The penalties in this case are dependent upon the amount of the bad check or check fraud. 

• If under $1200: the crime is a misdemeanor and punishable by up to 6 months in jail and up to  $1000 fine 
• If over $1200: the crime is a category B felony punishable by up to 1-4 years in state prison, a $5000 fine based on the judges discretion. 
• Restitution: In most cases, you will be required to make restitution for the money owed from the bad check.
• Civil penalties are a possibility, especially in the case of unpaid casino markers. Victims of check fraud can come after you in civil court and recover damages other than the original amount owed.
• Your credit report/score may be affected as well as not being able to write checks or use casino markers anymore. 

Repaying the money promptly may help you avoid penalties and could even lead to the dismissal of charges.

Fraudulent Checks

In some cases, people make the attempt to pass fraudulent checks. 

Fraudulent checks are similar to counterfeit money—they are fake, hold no value, and cannot be trusted.

Much like counterfeit currency, fraudulent checks often have telltale signs that can reveal their true nature.

1. The ink used to print the account and routing numbers at the bottom of a check should appear dull, not shiny.
2. Perforated edges of the check 
3. Spelling errors, ink colors, spacing or any other differences that you may be noticeable that cause concern.

Today, there are check verification systems in place in some businesses to make sure checks are not counterfeit, but employees should take the time to learn the signs as well.

I’m Charged with Check Fraud, Do I Need a Lawyer?

You may think that check fraud is a victimless crime and that these crimes are no big deal. 

On the contrary, you could end up in jail and have to pay fines. This is a big deal and could also end up with you paying civil penalties and restitution. 

You need to get ahead of this by hiring an experienced lawyer. 

Dealing with the court system in any capacity is daunting and doing it alone can have devastating consequences. 

Charged with a crime, contact The Defenders today for a case review.

Frequently Asked Questions