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Game of Chance

Game of Chance. AML / ATF ACTIVITIES. FIU POLAND Piotr Przybyłek. Legal basis. Polish Gambling Law Act (dated 19 November 2009) Polish Gambling Law sets the terms and conditions of conducting the activity within the field of games of chance, betting and slot machines. Definitions.

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Game of Chance

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  1. Game of Chance AML / ATF ACTIVITIES FIU POLANDPiotr Przybyłek

  2. Legalbasis Polish Gambling Law Act (dated 19 November 2009) Polish Gambling Law sets the terms and conditions of conducting the activity within the field of games of chance, betting and slot machines

  3. Definitions Games of chance shall be games where the prize is either cash or an material prize and where the outcome is notably conditional on chance while their terms and conditions are stipulated by the game regulations Games of chance are for example: numbergames, cashlotteries, telebingo, cylindricalgames, cardgames,dicegames, cash bingo Casinos in Poland undertake high volume/speed financial activities that are similar to financial institutions, but in an entertainment context. Casinos are generally large cash-based businesses

  4. permmision • Casinos / gambling companies have to act as a joint-stock companies or liability-liability companies with the registered office within the territory of the Republic of Poland • The initial capital of a joint-stock company or a limited-liability company running theactivity in the scope of:games organised in a casino shall be at least PLN 4.000.000, games organised in a cash bingo hall or a bet making point shall be at least PLN 2.000.000 • New casino / gambling company must indicate the source of initial capital funds and present the documents that certifiyng its legality • The members of casino / board company can not be convicted for the criminal crimes, also crimes regarding to ML / TF

  5. SUPERVISION & INSPECTION The Ministry of Financegives licenses, approvesrules of the games in casinos, issues certificatesof profession and registers gambling devices

  6. SUPERVISION & INSPECTION Any obligated institution (also casinos) shall apply financial security measures for its clients. Their scope is determined on the basis of risk assessment as for money laundering and terrorist financing, hereinafter referred to as “risk assessment”, resulting from the analysis, taking into account in particular type of a client (natural person, company)

  7. Casinos obligations – natural persons and their representatives • Guestregistration system • PolishGambling Law Act • Polish AML/ATF Act natural persons representatives ID number if not date of birth or the number of an identity document confirming the identity of an alien, or a country code if it was a passport presented

  8. Casinos obligations – corporations In the case of a person with no ID number, his/her date of birth

  9. Casinos obligations – organizational units without legal status In the case of a person with no ID number, his/her date of birth

  10. Casinos obligations • Transactionregestrationaboveatleast 1.000 EUR In case of casino operators under the provisions ofthe Gambling Act of 19 November 2009 ,involves purchase or sale of gambling chips of the value equivalent to at least 1.000 EUR

  11. MONEY LAUNDERING METHODOLOGIES AND INDICATORS Casinos are by nature a cash intensive business and themajority of transactions are cash based Attractivepayment form for criminals Organised crime groups seek to control or own casinos Criminals attempt to infiltrate or influence casinos to facilitate theft,fraud, money laundering and other crimes

  12. MONEY LAUNDERING METHODOLOGIES AND INDICATORS Some casinos have been noted(police inspections) as a placewhere criminals and organised crime figures like tosocialise and particularly like to spend and launder their criminal proceeds

  13. The money laundering methods (examples) • Use of Casino Value Instruments (cash / casino chips /gaming machine credits /cashier‟s orders / casino cheques / gift certificates / chip purchase vouchers / casino reward cards • Use of Casino Accounts (credit accounts) • Intentional losses • Winnings / intentional losses • Currency Exchange • Employee Complicity • Use of Credit Cards / Debit Cards • False Documents

  14. The money laundering methods (examples) Use of Casino Value Instruments (cash / casino chips /gaming machine credits /cashier‟sorders / casinocheques / giftcertificates / chip purchasevouchers / casinorewardcards Casino value instruments are most often used for moneylaundering by converting illicit funds from one form to another Case Information identified alleged money launderers using the casino as a preferred method of laundering millions ofdollars accumulated from criminal activities. The methods used to launder the money included purchasing andcashing out chips without playing, putting funds through slot machines and claiming credits as a jackpot win andplaying games with low returns but higher chances of winning

  15. The money laundering methods (examples) Indicators of ML using casino value instruments

  16. The money laundering methods (examples) Use of Casino Accounts (credit accounts) Casino accounts provide criminals further opportunities to attempt to laundering crimeproceeds. Many casinos offer deposit accounts and lines of credit with less scrutiny and CDDrequirementsthanfinancialinstitutions Case The money laundering conspiracy involved millions of PLN from organised criminal gangs. The money laundered included the profits from a number of activitiesincluding multi-million PLN currency VAT conspiracies in the mobile phone industry. Money was placed on a deposit accounts at acasino and withdrawn a day or so later. Other sums would be gambled. Monies were gambled or exchanged at thecasino with an apparently legitimate explanation as to their source

  17. The money laundering methods (examples) Indicators of ML using casino accounts:

  18. The money laundering methods (examples) Creditcards / debit cards Casinos in some jurisdictions allowcustomers to purchase casino chips using credit cards. In cases where the cards are not stolen orfraudulently obtained, the outstanding credit card balances are paid by the card holder at the bank using the illicitfunds Case Case 1 A person residing in Contry A, originally from Central Europe, visited a casino and bought gaming chips for a total value of EUR 400 000 paid for in cash and with credit cards. Thecasino reported these transactions to the FIU.Based on the history of gambler‘s purchases using credit cards it was determined that his account had beenextremely active: it had been inundated with various transfers from companies and, in particular, with many cashdeposits. The spouse of the party concerned ran a business in Contry A and maintained underworld links withorganised crime from Central Europe

  19. The money laundering methods (examples) Use of Credit Cards / Debit Cards (2)

  20. The money laundering methods (examples) Indicators of ML using credit/debit cards:

  21. Floating casinos Involvesgamingvesselsthat travel to international waters to conductgaming/casino activities The phenomenon of gambling in international waters is an issue for all countries with cruiseships registered or operating within their jurisdiction. While many countries prohibit casinos on shipsfrom operating in territorial waters, cruise ship gambling in international waters is not well regulated

  22. CDD in gaming sector • Customer due diligence is achieved by identification which involves the customer providing their personal information and verification of that identification • 3rd Party verification – e.g.use of software, or using approved third parties to conduct face to face verification of customer documents • Checkingpersonaldocuments: government issued ID proving identity & age • PEP’sindentyfication

  23. Gaming sector – suspicious transaction reporting

  24. suspicious transaction reporting • it isa legal obligation for those who work for a casinoto know that they are under a duty to report suspicious transactions: • transcationabovevalue of 1.000 EUR • wherecasinoknowaboutsuspicioustransaction • wherecasinosuspectthattransactionissuspicious • where casinohave reasonable grounds for knowing or suspecting that a person is engaged in money laundering Customer due diligence informationarekept for a minimum of 5 years from the date the person concerned ceases to be a registeredcustomer or from the date of the customers most recent activity. These records can be kept in documentary or electronic format

  25. Thank you for your attention .

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