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N Cal Attorney
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i wrote several checks at a indian casino in florida, most

Customer Question

i wrote several checks at a indian casino in florida, most of them cleared until my wife, without my knowledge, emptied the account and now i owe $50k. I had no intent to commit fraud am I still open for prosecution?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 8 years ago.
Since you did not have the intent to defraud the casino I think you are not guilty of any crime. If this is a legal debt in your state, try to work out a payment schedule. Some states courts will not enforce gambling debts. I do not know about Florida, so I think you should consult a local attorney to determine whether the debt is actually enforceable or not.

http://lawyers.justia.com/lawyers/collections/florida/miami-fort-lauderdale-miami-beach-fl-metro is a directory of collections lawyers in your area. One of them will know if gambling debts are enforceable in the Florida courts.

See http://209.85.173.104/search?q=cache:eFGJPUAI-aEJ:goliath.ecnext.com/coms2/gi_0199-4803812/Condo-casino-Gambling-law-and.html+gambling+debts+are+enforceable+in+the+Florida+courts.&hl=en&ct=clnk&cd=7&gl=us&client=safari which states:
FLA. STAT. [section] 849.085(4) (2004). Generally, no gambling debts incurred in Florida are enforceable unless the specific gambling transaction is authorized by law. See FLA. STAT. [section] 849.26 (2004). Gambling debts legally incurred outside of Florida may, however, be domesticated and enforced in this state. See Steven M. Davis, Florida's Gambling Debt Collection Process: Play There, Collect Here, 8 GAMING LAW REVIEW 35 (2004).

I hope this information is helpful. If it turns out that I am correct and that I just saved you $50,000 we do accept bonuses on this site.

Here is the Florida statute:

The 2008 Florida Statutes


Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
849.26 Gambling contracts declared void; exception.--All promises, agreements, notes, bills, bonds or other contracts, mortgages or other securities, when the whole or part of the consideration if for money or other valuable thing won or lost, laid, staked, betted or wagered in any gambling transaction whatsoever, regardless of its name or nature, whether heretofore prohibited or not, or for the repayment of money lent or advanced at the time of a gambling transaction for the purpose of being laid, betted, staked or wagered, are void and of no effect; provided, that this act shall not apply to wagering on pari-mutuels or any gambling transaction expressly authorized by law.

History.--s. 1, ch. 26543, 1951. From http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0849/SEC26.HTM&Title=-%3E2008-%3ECh0849-%3ESection%2026#0849.26

According to http://www.liebertonline.com/doi/abs/10.1089/109218804322813666?cookieSet=1&journalCode=glr Florida does not allow actions for the collection of gambling debts.

You should consult a local attorney about this.

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