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Online Casinos in general: Charge of unauthorized gambling ( 285 StGB) (Page 74)

Topic created on 23rd Jan. 2021 | Page: 74 of 93 | Answers: 924 | Views: 218,212
WithoutWings
Expert

Charge of unauthorized gambling ( 285 StGB)

28th Dec. 2024, at 08:47 pm CET#734
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Most of the people who are facing charges are not even here in the forum, my lawyer also told me that she is literally overrun with such charges. I'm also afraid that something will come of the two of you, but with a lot of luck your sum was too small.

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Heidi54
Rookie

Charge of unauthorized gambling ( 285 StGB)

28th Dec. 2024, at 09:06 pm CET#735
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I had previously received a payout of 800 euros. Via a Polish visa site. So nothing to do with OC or similar... That's why I'm wondering what they want to find out.

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r****i

Charge of unauthorized gambling ( 285 StGB)

28th Dec. 2024, at 09:29 pm CET#736
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Heidi... chill out..

We're all not felons..

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Heidi54
Rookie

Charge of unauthorized gambling ( 285 StGB)

28th Dec. 2024, at 10:07 pm CET#737
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Well, a normal ad would be enough for me to feel like that

What did the charges or summons say about you? Over what period of time were you charged with something or was it just a one-off payment?

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Theodor
Rookie

Charge of unauthorized gambling ( 285 StGB)

28th Dec. 2024, at 11:04 pm CET#738
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Heidi54 wrote on 28.12.2024 at 22:07: Well, a normal ad would be enough for me to feel like this

What did the charges or summonses say about you? Over what period of time were you charged with something or was it just a one-off payment?

Just read through this thread, you'll get your questions answered

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gamble1
Icon

Charge of unauthorized gambling ( 285 StGB)

29th Dec. 2024, at 10:21 am CET#739
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rippi wrote on 28.12.2024 at 18:17: Now I have to report here too, because I think I really screwed up.

1.) ING already canceled my account in February of this year. It was maybe around 3000€ in total. I haven't heard anything from the police/public prosecutor's office yet. Let's see if anything else comes of it.

2.) At my new bank c24, I made a total of four depositors (2100 in total) at the beginning of the week to retrobet. After I wanted to withdraw, they kept coming back with new requirements that are absolutely absurd: Selfie with elbow, bank statement from beginning to end of December, etc....

That was enough for me and I initiated a charge back, both in the c24 app and by letter

I wrote the following to Idiot (an admission of guilt, so to speak):

Dear Sir or Madam,
i hereby request a chargeback of the above-mentioned payment, which I mistakenly made to an online casino that demonstrably does not have a valid license in Germany and is therefore classified as an illegal provider.

Reason:

  1. Illegality of the provider
    The aforementioned online casino retrobet is not on the official white list of licensed gambling providers in Germany. This violates Section 4 (4) of the State Treaty on Gambling (GlüStV), which prohibits the operation of and participation in unlicensed gambling offers.

  2. Violation of applicable law
    Payments to illegal gambling providers are void under German law (Section 134 BGB in conjunction with GlüStV). There is therefore no legal basis for this payment.

  3. Deception and misleading information
    The casino claimed to be legal and regulated on its website, which turned out to be false after thorough research. This deception led to me making the payment in error.

  4. Obligations of payment service providers
    According to Section 9 (1) sentence 3 of the GlüStV, payment service providers are obliged to prevent payments to unlicensed gambling providers. I would therefore ask for your support in reversing this payment.




Many thanks and best regards




Without going into legal advice here (which I'm not allowed to do), I would say, based purely on the letter to the bank, that this shouldn't really be a problem. After all, you deposited money, realized your mistake and now pointed out the illegality without having received a payout. Therefore, without having the transactions from the Provider, you cannot actually be proven to have gambled at all. You have currently only sent money, and I believe that the attempt is not yet a criminal offense.

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r****i

Charge of unauthorized gambling ( 285 StGB)

29th Dec. 2024, at 12:19 pm CET#740
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I just don't know, since ignorance is no defense against punishment..

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btssultan
Experienced

Charge of unauthorized gambling ( 285 StGB)

29th Dec. 2024, at 01:14 pm CET#741
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rippi wrote on 28.12.2024 at 18:17: Now I have to report here too, because I think I really screwed up.

1.) ING already canceled my account in February of this year. It was maybe around 3000€ in total. I haven't heard anything from the police/public prosecutor's office yet. Let's see if anything else comes of it.

2.) At my new bank c24, I made a total of four depositors (2100 in total) at the beginning of the week to retrobet. After I wanted to withdraw, they kept coming back with new requirements that are absolutely absurd: Selfie with elbow, bank statement from beginning to end of December, etc....

That was enough for me and I initiated a charge back, both in the c24 app and by letter

Here's what I wrote to Idiot (an admission of guilt, so to speak):

Dear Sir or Madam,
i hereby request a chargeback of the above-mentioned payment, which I mistakenly made to an online casino that demonstrably does not have a valid license in Germany and is therefore classified as an illegal provider.

Reason:

  1. Illegality of the provider
    The aforementioned online casino retrobet is not on the official white list of licensed gambling providers in Germany. This violates Section 4 (4) of the State Treaty on Gambling (GlüStV), which prohibits the operation of and participation in unlicensed gambling offers.

  2. Violation of applicable law
    Payments to illegal gambling providers are void under German law (Section 134 BGB in conjunction with GlüStV). There is therefore no legal basis for this payment.

  3. Deception and misleading information
    The casino claimed to be legal and regulated on its website, which turned out to be false after thorough research. This deception led to me making the payment in error.

  4. Obligations of payment service providers
    According to Section 9 (1) sentence 3 of the GlüStV, payment service providers are obliged to prevent payments to unlicensed gambling providers. I would therefore ask for your support in reversing this payment.




Many thanks and best regards




Point 4 will not help you. The payment service Provider, i.e. the bank, has an obligation not to participate in such payments. However, this obligation is of a public law nature and does not cover authorization. This is stated in numerous rulings by the Federal Court of Justice.

Ultimately, you have authorized and commissioned the payment, without authorization it would look different.

This means that the only option is to contact the provider, i.e. the casino, to assert your claim or to go to court, which is costly and time-consuming and can usually take several years with the result = 0

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r****i

Charge of unauthorized gambling ( 285 StGB)

29th Dec. 2024, at 01:46 pm CET#742
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Thanks for the clarification! I'm closing the chapter on gambling. I just hope that nothing more comes from the police regarding my canceled account with ING..

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Heidi54
Rookie

Charge of unauthorized gambling ( 285 StGB)

29th Dec. 2024, at 04:28 pm CET#743
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@rippi What did ING even say about your termination? Leave you completely in the dark? Then you can assume that it was reported to the FIU. It will take a while for them to forward it to the StA... Which federal state are you in? Bavaria is supposed to be very fast

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