NY Penal Law § 225.65: Use of counterfeit, unapproved or unlawful wagering documents

New York has several laws designed to ensure that playing games of chance at authorized gaming establishments is fair. Such laws include statutes that make it illegal to use counterfeit wagering instruments. Organizations that oversee gaming establishments have strict requirements about the instruments that are permitted to be used. If you possess, manufacture, sell or distribute other, unapproved wagering instruments, you may have committed a crime. Under New York Penal Law § 225.65 you could be prosecuted for use of counterfeit, unapproved or unlawful wagering documents if when playing a casino game that is designed to be played with chips, cheques, tokens, vouchers, or other wagering instruments approved by the appropriate gaming regulatory authority, you knowingly use wagering instruments that have not be approved.

In an effort to deceive the operator of an authorized gaming establishment, Hank tried to use counterfeit chips. Hank got away with his scheme for a while as the chips he used were high quality counterfeits. However, eventually he was caught, arrested and charged with use of counterfeit, unapproved or unlawful wagering documents in violation of New York Penal Law § 225.65.

1. Gaming fraud in the second degree: New York Penal Law § 225.55
2. Gaming fraud in the first degree: New York Penal Law § 225.60

You are not guilty of use of counterfeit, unapproved or unlawful wagering instruments if you accidentally end up using counterfeit wagering instruments. The statute requires that the use be "knowing."

Use of counterfeit, unapproved or unlawful wagering instruments is a Class A misdemeanor. This means that if you are convicted your sentence could include a jail term of up to 1 year, a probation term of 3 years, and payment of a fine.

A person is guilty of use of counterfeit, unapproved or unlawful wagering instruments when in playing or using any casino gaming designed to be played with, received or be operated by chips, cheques, tokens, vouchers or other wagering instruments approved by the appropriate gaming regulatory authority, he or she knowingly uses chips, cheques, tokens, vouchers or other wagering instruments other than those approved by the appropriate gaming regulating authority and the state gaming agency or lawful coin or legal tender of the United States of America.

Possession of more than one counterfeit, unapproved or unlawful wagering instrument described in this § is presumptive evidence of possession thereof with knowledge of its character or contents.

Even though use of counterfeit, unapproved or unlawful wagering is a misdemeanor and not a felony, it is still a crime. If you are convicted you could end up in jail. It is important that you are represented by someone with experience to ensure that your rights are protected. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of various types of crimes including both felonies and misdemeanors. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of gambling crimes in the following locations: