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WHAT IS GAMING FRAUD / CHEATING AT GAMBLING IN NEVADA?
Cheating at gambling under NRS 465.083 is a uniquely Nevada offense given the state's massive gaming industry. It prohibits using any fraudulent scheme, device, or technique to alter the outcome of a game, affect the operation of gaming equipment, or obtain money or credits from a casino through deception. This includes card counting devices, marked cards, loaded dice, computer programs, and collusion between players and dealers. Nevada Gaming Control Board investigators are highly sophisticated and experienced in detecting cheating.
WHAT THE PROSECUTION MUST PROVE
To convict you of Gaming Fraud / Cheating at Gambling in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant employed a fraudulent scheme, device, or technique
The conduct was intended to affect the outcome of a game or obtain money from the casino
The defendant acted knowingly and intentionally
The conduct occurred in a licensed gaming establishment
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR GAMING FRAUD / CHEATING AT GAMBLING IN NEVADA
Category B Felony
1 to 6 years in Nevada State Prison and fines up to $10,000
Additional Penalties
Lifetime ban from Nevada casinos, forfeiture of all winnings
Federal Charges
Wire fraud or computer fraud charges may apply in device-assisted cheating
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending gaming fraud / cheating at gambling charges
Card counting alone is not illegal in Nevada — it is a mental skill, not a device or fraudulent scheme. Casinos can ask card counters to leave, but they cannot have them arrested for counting cards without a device.
The use of any electronic device to assist in gambling — even a smartphone app — crosses the line into criminal cheating. I always clarify exactly what conduct is alleged before developing a defense strategy.
Casino surveillance systems are extraordinarily sophisticated. The prosecution will have extensive video evidence. I work with gaming experts to challenge the interpretation of that evidence.
These cases often involve significant investigation by the Nevada Gaming Control Board before charges are filed. Understanding the investigation timeline and what evidence was gathered is critical to the defense.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO GAMING FRAUD / CHEATING AT GAMBLING
Every case is unique, but these are the defenses most commonly raised in gaming fraud / cheating at gambling cases in Nevada:
The conduct was not illegal cheating — card counting without a device is legal
Lack of intent to defraud the casino
The device or technique used does not meet the legal definition of cheating
Entrapment by casino employees or law enforcement
Mistaken identity — someone else committed the cheating