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: California Appellate ReportLas Vegas Sands LLC v. Nehme (9th Cir. - Jan. 11, 2011)
By Shaun Martin
Go to Vegas. Take out a credit application at a casino and a huge marker: say, half a million dollars. Gamble a tiny bit and then turn in the funds.
Go back home. Have your attorney write an unsigned letter telling the casino not to give you any more markers and to cancel your credit line. Make sure you get a return receipt. See what happens.
Go back to Vegas. If the marker's cancelled, no biggie. Have fun. If the marker's not cancelled, go ahead and take out another half million. Gamble away. If you win, you win. Victory! If you lose, make sure that the bank account that the marker's tied to is sufficiently empty to the marker bounces. And when the casino sues you, defend the lawsuit on the ground that the letter negated your credit application, so you don't owe them the money.
That scheme's not only not a felony, but as the Ninth Circuit held this morning, may actually work.
Viva Las Vegas!
Full post as published by California Appellate Report on January 11, 2011 (boomark / email).
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