Legal Question in Civil Litigation in Nevada
A group of people who are part of an internet forum started a football betting pool and had one member hold all of the money. That member stole the money but was never charged with a crime. This man lives near and does business in Las Vegas and the group wants to make t-shirts stating that he committed theft, which they plan to wear during the World Series of Poker. His actual name will be used, not his internet alias. Is this illegal? I say yes but I'm getting a lot of grief for it from the group. They say it's not libel if it's true but this man was never convicted. It seems like this could potentially damage the man's personal life as well as his business. I don't have any sympathy for him, I just don't want him to have a means of taking legal action and getting more money out of the group, which I have no doubt he will do if it's possible. Thanks in advance.
2 Answers from Attorneys
I advise caution.
1. Not illegal to do it. Although Nevada still has a libel statute, it's never used. See NRS 200.550 "Furnishing libelous information: Penalty. Every person who shall willfully state, deliver or transmit by any means whatever to any manager, editor, publisher, reporter or other employee of a publisher of any newspaper, magazine, publication, periodical or serial any statement concerning any person or corporation which, if published therein, would be a libel shall be guilty of a misdemeanor."
Of course truth is a complete defense to libel. If he sues you CIVILLY for libel, which would be more likely than a criminal prosecution. Then truth would also be a complete defense. If it's true, it's not libel.
Of course by admitting he stole money from an illegal betting pool, you may get yourselves into trouble there as well. Interesting problem.
Classic question: If I tell the truth, can I be sued for libel or defamation?
Classic answer: Yes, you can be sued whether you engaged in wrongdoing or not (sometimes good people who have been sued did nothing to deserve being sued).
If you are sued, you will have the burden of proving that what you've stated on the shirts was true. Then, as Mr. Otto pointed out, you might open the door for problems of your own in terms of illegal betting pools.
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