A few days ago, a high-end Mallorcan restaurant was raided due to a special event for which a so-called mobile casino was provided. The Spanish authorities suspected illegal gambling at the casino-themed event. An investigation has now been launched against the organisers, a German couple. Was it all just a misunderstanding or was there a criminal offence?

A mobile casino is a special event set-up that is normally used to organise events with an appropriate theme. The aim is to provide guests with an extraordinary experience. The provider supplies everything needed for casino gaming and the right atmosphere. This includes a wide selection of gaming tables, for example American roulette, blackjack or poker with professional dealers and all the necessary accessories, as well as slots and other popular classics. In addition, a typical ambience is provided, which can include live music and catering as well as decoration. The set-up and dismantling is completely taken over by the respective service provider. Only the provision of the premises is the responsibility of the organiser.

Ideally, visitors to a mobile casino feel like they are in a real casino - even if they are explicitly not gambling for real money. Such a realistic realisation now seems to have been the undoing of a German couple on Mallorca. Or were there stakes with real cash? Officers from the Policía Nacional entered the premises of the upmarket Bahía Mediterráneo restaurant in Palma de Mallorca at around 19:30 on the evening of 17 May and broke up the event in question. The local press is initially assuming a misunderstanding. However, the investigation is still ongoing.

How did the raid go?

One of the first reports on the incident was published by Mallorca Magazin three days after the raid. The journalists from the news portal had direct contact with witnesses and were able to interview them.

According to the report, a German casino theme operator is said to have supplied the event with the necessary equipment. More precisely, it was a German couple, as further reports revealed. According to the couple's own (official) statements, the activities were completely legal. Real money would never be used for the events. The providers made the following statement following the raid:

"We do not wish to comment on the incidents for now and would like to speak to our lawyer first. Our existence is currently under threat because of the incident. Our ‘casino’ only offers themed parties. We never play for cash or other real stakes. Our lawyer will comment on all further allegations."

According to the witnesses on site, the police are said to have dismantled all the gaming tables and recorded the participants' details. Mallorca Magazine quotes one of the people present who was only just able to leave the premises:

"The police crashed this event. I myself was only just able to be warned by the hosts at the entrance and flee before the police could register me as a participant in the event. The law enforcement officers dismantled the tables and cancelled the event completely."

The Diario de Mallorca wrote:

"After several months of investigation, it was concluded that it was an organised group operating without the proper official authorisation."

The investigation is still ongoing

The local press initially assumed that the officers were following a false lead. The general assumption was that nobody had realised that only play money was being used in the offers - once on the job, the forces completed the operation in accordance with their regulations.

However, one day after the Mallorca Magazin article, the police published a press release accusing the two Germans of illegal activities. The officers are said to have confiscated playing cards, poker tables, roulette tables, well over 1,000 chips and other gambling equipment as evidence. In addition to the couple, eight other people are being investigated. A further 70 people potentially involved in the catering industry are to be investigated.

There is no mention of any stakes with real money. However, it is assumed that this is basically an illegal mobile casino that does not have the appropriate licence for wagering money.

The following was written in the Diario de Mallorca:

"Both the organisers and the owner of the establishment were unable to provide proof of a contract. During the police operation, the official licence was requested, but this was not available. All of this would ultimately have to be examined by the Balearic Government's licensing authority in order to act accordingly."

What are the consequences for the suspects and those involved?

As Mallorca Magazine also makes clear, organising games of chance without a licence is a serious criminal offence on the Balearic Islands. The possible consequences are correspondingly drastic - both for those responsible and the participants.

In principle, high fines are to be expected. There is no mention of prison sentences. For the German couple, this could mean a fine of between 30,001 euros and 450,000 euros. The guests registered in the course of the raid could face fines of 3,001 euros and up to 30,000 euros.

Conclusion

This case should make providers of mobile casinos (in Spain) sit up and take notice. It is apparently not even suspected that real money was wagered at the event in question - but the lack of authorisation alone could result in an enormous fine. The German providers rightly see their existence threatened. It remains to be seen how this particular context will be interpreted and assessed under criminal law. Moreover, it is still a suspicion that must first be confirmed.

Image source: Screenshot von https://www.diariodemallorca.es/sucesos/sucesos-mallorca/2024/05/21/policia-nacional-desmantela-casino-ilegal-102685229.html (Policía Nacional)

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