Online Casinos in general: Public prosecutor's office wants compensation for lost value. (Page 10)
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Public prosecutor's office wants compensation for lost value.
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Public prosecutor's office wants compensation for lost value.
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But have you really paid out around 230,000 euros over the last few years?
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Public prosecutor's office wants compensation for lost value.
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Public prosecutor's office wants compensation for lost value.
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In that case, they also took crypto and e wallet withdrawals into account, right?
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Public prosecutor's office wants compensation for lost value.
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Public prosecutor's office wants compensation for lost value.
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roccoammo11
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Public prosecutor's office wants compensation for lost value.
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Tobsen
There will be a hearing in about 3 months. I will report when there is news.
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Public prosecutor's office wants compensation for lost value.
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You have a lawyer from Frankfurt and the public prosecutor's office in Munich is charging you? May I ask where you're from, i.e. whether you're from Bavaria or whether they're now moving across borders?
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Public prosecutor's office wants compensation for lost value.
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Max_Bet
The Munich public prosecutor's office assumes that we bad players have robbed the poor casinos of their money through illegal gambling.
That's why these casinos, which have been exploited by slot players for years, are now allowed to operate with a German license and their usurious payout ratio, disguised as casinos,
legally offer gambling without the possibility of winning, and the criminal player must be punished by depriving him of his livelihood.
This state needs every cent. A new Debt of €1000 million is far from enough....
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Public prosecutor's office wants compensation for lost value.
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I think he has hired a lawyer who, along with my law firm, are the best in this field in Germany. You could recently read in the media about a court case in Berlin where this lawyer defended a well-known casino Streamer and was successful.
Once again on the value collection. I have written about this before, there was a trial in Vaterstetten near Munich where the judge ruled in favor of justice. (Google - Vaterstetten value confiscation)
That gives some hope, but another judge could of course decide differently.
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Public prosecutor's office wants compensation for lost value.
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Public prosecutor's office wants compensation for lost value.
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I have tried to find out more about this regulation and as I understand it so far, it is really a controversial and very unfavorably made law, because on the one hand it is extremely hard and at the same time leaves little room for maneuver. It is probably primarily intended to deprive some clans of their fat cars, who on the one hand receive social welfare, but on the other hand drive around in a Lambo and where it is obvious that the expenses do not match the income. In this respect: good idea....
However, various texts also describe the problem that in cases where the public prosecutor's office can assume that the income comes from illegal sources, it is virtually obliged to confiscate these assets (or the value replacement) and there is more or less no leeway. And when gambling in unlicensed casinos (possibly also outside the EU), this is unfortunately clearly illegal (which I was not aware of until recently) and since everyone is treated equally under the law...
Looking at it soberly, it is also logical that you cannot offset wins and losses in illegal activities. If I steal a car and sell it, I can't say that I'll reimburse the owner for the value of the car minus the tools I bought to steal it and I'll also deduct the cab fare to the scene of the crime...
But firstly, there is no injured party in this sense and secondly, the amount collected is basically determined quite randomly: If I deposited 100 euros each morning on 5 days, gambled a bit with it and paid it out again in the evening, I would have to pay 500 euros. If I had left the money in the casino and only paid it out on day 5, I would only have to pay 100. And if the public prosecutor's office retrieves the game history from the casino and tracks every single bet with a "win", it would probably be at least 5000 euros that I "won" with illegal gambling. However, it is also possible that I deposited on one day but did not play at all. In that case, nothing illegal would have happened with the money on that day and the 100 euro payout in the evening should not be included. Under these circumstances, is it legal to commit to 500 euros just because this sum was transferred via the bank account?
@mtorero I'm surprised that there's another hearing in your case, because in principle it's not about a penalty at all, but, no plan, an order or anything like that. Can you say anything about this? And also whether your lawyer is relying more on explaining that the actual purpose of the confiscation ("crime must not pay") is not fulfilled here or rather on the fact that the exact origin of the funds or the amount of the proceeds cannot be clearly proven?
@mikejonesmaen: Do your bank statements show where the money came from? In the case of mtorero, it obviously says Red Rhino, Panda and Rabbit as the sender, which makes it clear, but if it only says one payment Provider, the argumentation of the public prosecutor's office should hopefully be a little more difficult. In this context, it would also be interesting to know whether the proceedings were dropped due to §153 (minor guilt) or §170 (lack of evidence). The latter probably opens up even more possibilities for arguing in your favor and it would make more sense for future cases to obtain a dismissal for this reason in the event of impending proceedings than §153, which according to my interpretation says: Yes, it wasn't allowed, but it's not that bad.
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Public prosecutor's office wants compensation for lost value.
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The (supposedly) aggrieved party is the state due to unpaid tax, even if this does not apply, it could be said that everyone who "dutifully" abides by the rules is the aggrieved party, be it through direct taxes or lower RTP value. They even caught Al Capone and Lucky Luciano with the taxes ...
Just think of sausage Uli, aka Uli Hoeneß, with his gambling money, and his stock market "gambling", I remember the hordes foaming with rage and drooling, who felt the judgment was too lenient, in principle it was nothing else 🤷 Be careful with wishes, in the end they come true ☝️
Regardless of whether you pay out €100 on five days or €500 on one day, the monetary benefit is still €500 and the point is simply that you cannot/should not/must not have a legal monetary benefit through "illegal" activities. Even if you Deposit €10,000,000 and only pay out €100, the monetary benefit is €100, because the most you could claim as an "expense" and deduct is the bet of the spin that leads to the win.
The public prosecutor's office will not be able to submit a casino history, as this requires the cooperation of the casino (after all, you will not help them and hand it over to them to incriminate yourself) and the casino only has to comply with the law that applies in the respective jurisdiction (feel free to correct me if I am wrong), they will not make this available to them, because then they can close the store.
And of course it is "right" to commit to these 500 €, as it is only about the monetary advantage that you supposedly have, but are not allowed to have, as you yourself say, see statement with the clans.
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Public prosecutor's office wants compensation for lost value.
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Point 1) Not everyone is treated equally before the law. All players who have played illegally would have to be punished. We are certainly talking about millions of players.
Point 2) It is unacceptable that this procedure should be applied to discontinued proceedings. It is actually a reopening and this is only possible under certain conditions
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Public prosecutor's office wants compensation for lost value.
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To 1) That everyone is punished may still come, rightly not everyone is the same, is also right, then the one who steals a loaf of bread because you are starving would receive the same punishment as someone who steals 60 crates of champagne....
2) No, it's not actually a retrial, what makes you say that? The public prosecutor's office recognizes that it was only negligent, low culpability, no public interest, etc. But that has nothing to do with the unlawful monetary advantage that you supposedly have.
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