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Off topic & small talk: Reeckmann Schreiben - Illicit gambling after all?

Topic created on 12th Jun. 2018 | Page: 1 of 2 | Answers: 13 | Views: 13,206
S****8
Unfortunately, a thread with the PayPal case was closed ...

Find it a pity because about it should be discussed quietly !

This is not to make a school but how please can one with Paypal 95,000€ and 8,000€ debit let over a casino ?

It is not about the letter of the law firm to evade the claim on the part of Paypal but actually about what is in there!

for example an excerpt from it:

"The account balance of my client asserted in your email concerns fees for online casino games of the gambling Provider Quasargaming.
My client was able to place six-figure gaming bets there using your payment service and, on my advice, secured a total of EUR 94,992.00 of this from final loss by revoking direct debits."

Reason :

The gambling offers in question fulfill the criminal offense of unauthorized gambling ( Section 284 of the German Criminal Code ("StGB")), as the competent German authorities do not and cannot issue any permits for casino games on the Internet in view of Section 4 (4) of the Interstate Gambling Treaty ("GlüStV"). The admissibility of this ban under constitutional and EU law has been confirmed by the highest court (BVerfG, September 30, 2013, 1 BvR 3196/11).

is that supposed to mean that we are actually all operating illicit gambling through our deposits in the OC's ?

Actually we should not Deposit there or ?

here times the link :

http://reeckmann.blogspot.com/2017/08/online-casinospiele-paypal-verzichtet.html
http://www.reeckmann.de/spielrecht.htm

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Stromberg
Legend
So I've always understood that it is illegal in DE with the exception of SW according to German law.
However, this jurisdiction probably contradicts European law, so it is a legal gray area.

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S****n
This gray area is really a joke. You can be charged with illegal gambling at any time ? Or not? As long as this legal situation is not clear, I make no more deposits. No desire for any lawyers. The best thing to do is to move to Malta, where it is legal. Daniel what workers are wanted because there you live but there

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Anonym
ShinShan wrote on 06/12/2018 at 19:57: This gray area is really a joke. You can be charged with illegal gambling at virtually any time ? Or can't you ? As long as this legal situation is not clear I make no more deposits. No desire for any lawyers. The best thing to do is to move to Malta, where it is legal. Daniel what workers are wanted there you live there yet

So casinos are looking in any case

There was already a news article about this
https://www.gamblejoe.com/news/auswandern-nach-malta/

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Knochen
Elite
As far as I know, there has only been one case so far in which a German player was sued for this, and even this failed again at a higher court. So there's not really any reason to worry at the moment.

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DieBlackjackBros
Rookie
In DE no player will happen anything because of 'illegal gambling'...
Paypal chargebacks were possible at my time, justified with the Reeckmann letter. Whether it still works today, kA rather not try it out.
Paypal is the sufferer in the whole story, because you mediate the money between player and casino. In the case of chargeback PayPal goes into the miesen first, but whether you then get the money back from the OC's, do not know.
It is better if the topic remains closed, the site owners do not want to see something like that here, rightly so. Who still wants some more info, can contact me privately.

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S****8
DieBlackjackBros wrote on 12.06.2018 at 21:33: In DE will not happen to any player because of 'illegal gambling'...
Chargeback at PayPal were possible at my time, justified with the Reeckmann letter. Whether it still funzt today, kA tries it rather not.
Paypal is the sufferer in the whole story, because you mediate the money between player and casino. In the case of chargeback Paypal goes into the miesen first, but whether you then get the money back from the OC's, do not know.
It is better if the topic remains closed, the site owners do not want to see something like that here, rightly so. Who still wants some more info, can contact me privately.

Why close the topic ?
Everyone should be aware, if he zockt, then at his own Risk!
Paypal will have secured in this regard ...otherwise anyone who loses could book his money back !

Personally, I find it Oberassi if you do not have a grip and several thousand euros paid in via Paypal and then canceled everything ...For a win you do not do that of course!

What I find awesome that you can Deposit 95k via Paypal or 8k ?
Since Paypal should also set up a function what limits ...but do not make the yes ?! Or you can not do it yourself!
Then stress is just pre-programmed ...

I myself have once with the customer support on the phone and asked if they could set up a limit of 500 € per month to me ...
The answer was ... Not possible! Would be too much effort ...
Clearly Paypal is a megabank and just therefore there should also be a regulation here ...Especially if they offer payment in gambling !

Otherwise it is clear that you can simply times so 95k deposit !!!!

Madness !!!

The Leit tragengenden are then the honest gamblers who like to use Paypal ...as I did back then !

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S****8
DieBlackjackBros wrote on 12.06.2018 at 21:33: Who still wants some more info, can like to contact me privately

Just the statement gives me the impression that there is what illegal to have info ?

So it should not be ...transparent discussion very happy !!!!

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DieBlackjackBros
Rookie
I think you have not quite understood what the problem is here....
1) yes chargeback is possibly not quite "legal" probably rather brazen, but people know that PayPal in DE does not sue because of it
2) this topic casts a bad light on this forum, so with so much interest you should simply clarify via PN. There are so many people here who have no idea thisbzgl. and iwas throw in the room.
I'm not an expert, but I'm someone who has reversed a Paypal transaction.
For this step at that time I have informed myself extensively. Do yourself a favor and forget this topic. OC's can cross me by the way, morals do not exist there anyway.

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s****e
Yes, so much for the gray area. I think times PayPal has now not the very worst lawyers, and
95.000€ is also not a small amount. Strangely, Paypal has not referred to the judgment of the
ECJ referred, and sued
And some think here that the court decision of the ECJ is binding.
Unfortunately, only partially correct.

Quote judgment ECJ

In order to be allowed to restrict the freedom of service of operators of Online Casinos licensed by a member state of the EU in their own market, some extremely important points are required. If Player protection and the fight against Gambling addiction are cited as the reason for a restriction, then all regulatory measures must be subordinate to this concern in the country in question. And this then applies to both domestic and foreign private providers as well as state operators. In addition, all criteria must be published transparently and discrimination against foreign providers must be ruled out. Only if all these points are met can a country's gambling market be restricted.

This is precisely why there is actually no gray area in Germany. If all these points are fulfilled, restrictions are allowed to
come about. Whether these are all fulfilled would again have to be clarified by a lawsuit before the ECJ. Above all, each case would be an individual decision.
And as long as that is the case, national law and the long legal process to the ECJ are the only ones that count.

It is and remains a crime. Even if it is not prosecuted, it can still hit each individual, if it goes wrong!

If you now take the Hartz 4 recipient, there can be even bigger problems if you win

Quote:
However, there is a pitfall here: the decision of the unemployment benefit can be changed due to the higher income and the benefits thus reduced!

The wins that are paid out must be declared and disclosed to the office, otherwise in addition (if the wins are "found" at some point) the accusation of social benefit fraud is in the room.

One should not trivialize this therefore necessarily, and always only of a grey area speak.
If it goes wrong, the legislator will intervene!

@TheBlack

But you don't have to let the secret spy hang out either....
Succeeds anyway only once, then you are out with PayPal.

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