Illegal youtuber’s raffle – prosecution faces charges
The public prosecutor's office on Tuesday charged a well-known youtuber and nine others with participating in an organised criminal group and organising games of chance that were in fact gambling. According to law enforcement, the suspects' aim was to circumvent gambling regulations. This is because the organisation of cash lotteries, with the exception of promotional lotteries, is covered by a state monopoly. The suspects are threatened with, inter alia, imprisonment or a multi-million fine, writes the Prawo.pl portal.
As Dr Grzegorz Keler, attorney-at-law and senior manager at Thedy & Partners, explains for the Portal, the organisation of gambling games over the Internet is subject to far-reaching restrictions.
– With the exception of betting and promotional lotteries, such games are covered by a state monopoly, which in practice means that only Totalizator Sportowy may legally organise them. However, the organisation of the aforementioned pari-mutuel betting and promotional lotteries requires a relevant permit. Conducting illegal gambling constitutes a fiscal offence punishable by a fine or imprisonment for up to three years. In the case of a fine, up to PLN 40 million is at stake. Moreover, the court may impose a fine and a custodial sentence at the same time, explains Dr Keler.
He adds that illegally organising and conducting certain games is treated more leniently by the legislator. This is, for example, the case with promotional lotteries – such an act is only punishable by a fine and at a lower level, and if the income from such a game was earmarked for a socially useful purpose, e.g. charity, the penalty may be significantly lower. However, serious amounts of several million dollars are still involved.
– In addition, in each of the cases described, the court will impose a forfeiture on the offender. Thus, it may be the case that the perpetrator will have to return to the state all the funds paid by the participants in the games, in addition to paying a fine. The commission of the act may also constitute grounds for holding a collective entity, such as a company, liable. It should be borne in mind that it is a fiscal offence not only to organise and conduct illegal games, but even to participate in them,’ Dr Keler points out.
Read more at Prawo.pl