With tourists and locals spending billions of dollars each year in Las Vegas, casino gambling is the lifeblood of the local economy. As a result, Nevada lawmakers have written harsh laws to punish casino cheating, and local prosecutors take accusations of cheating very seriously.
There are many different cheating methods that are well known to Las Vegas casinos. These include switching cards or chips, employing an accomplice dealer to deal cards favorably, placing chips on a roulette table when betting is not allowed, or the use of hidden cameras or computer devices to cheat at table games or slot machines. Chapter 465 of the Nevada Revised Statutes defines five separate types of casino cheating offenses, outlined below, and sets harsh punishments for all of these crimes.
The general prohibition against casino cheating is NRS 465.083, which states, "[i]t is unlawful for any person, whether the person is an owner or employee of or a player in an establishment, to cheat at any gambling game." This is a vaguely written statute. But NRS 465.015 provides some clarification by defining what it means to "cheat."
According to NRS 465.015, to "cheat" means "to alter the elements of chance, method of selection, or criteria" which determine: "(a) the result of a game; (b) the amount or frequency of payment in a game; (c) the value of a wagering instrument; or (d) the value of a wagering credit." To simplify this definition, cheating is doing anything outside the rules of the game that changes the odds of winning in the player's favor. This can cover any of the numerous known casino cheats.
NRS 465.070 lists several different examples of acts that constitute gambling fraud. Specifically, there are eight listed acts that constitute gambling fraud.
NRS 465.075 prohibits the use of cheating devices. A cheating device is any outside device that gives the player an advantage in any casino game. This includes any device that projects an outcome, keeps track of cards, analyzes probabilities, or gives strategies in any casino game.
NRS 465.080 prohibits acts related to counterfeit chips, gaming tokens, wagering credits or other wagering instruments used in casino gaming. Pursuant to this statute, it is illegal not only to use counterfeit chips and other gaming tokens, but to manufacture or possess these items while in a casino.
NRS 465.085 prohibits manufacturing, selling, or distributing equipment designed to cheat at gambling. This includes cards, chips, dice, or any devices intended to be used for cheating. It is also unlawful under this statute to teach someone how to cheat at gambling or show that person how to use a cheating device, with the knowledge or intent that the information or use so conveyed may be employed to cheat a gambling establishment.
An attempt to commit any of the acts outlined above, or entering into a conspiracy to commit any of these acts, is punishable as a felony offense with the same penalty as the completed crime. Ordinarily, attempting but failing to commit a crime, or entering into an agreement with others to commit a crime, but not actually committing the crime itself, is a lesser offense. Not so with casino cheating. The punishment is exactly the same.
Each of the above offenses is a category B felony. A first offense is punishable by a prison sentence of 1 to 6 years as well as a $10,000 fine. A second offense has the same potential sentence, but the judge cannot grant the defendant probation. In other words, for a first conviction, the defendant may receive a suspended sentence and probation. However, for a second offense, the court must sentence the defendant to serve a time in prison. Under Nevada's sentencing rules, for a second conviction for casino cheating, a defendant would have to serve a minimum of one year in prison before becoming eligible for parole.
Gaming cheating and gaming fraud are very serious offenses which encompass a very broad array of alleged acts. The potential defenses to accusations of casino cheating and casino fraud are as diverse as the various acts which are described under these statutes. In every accused instance of casino cheating, it is the prosecutor's burden to prove guilt beyond a reasonable doubt. However, even when the evidence is strong, it is possible to avoid the harsh penalties described above. So if you or someone you care about has been accused of cheating in a Las Vegas casino, call me now for a free consultation.
When you're facing criminal charges, you need more than just a lawyer. You need someone who understands the system, knows how to fight, and won’t back down. I’ve spent years defending clients in Las Vegas courts, building a reputation for aggressive advocacy and honest, effective representation. If you’re ready to put this behind you, I’m here to help you move forward.
— Michael Pandullo
