German Man Prosecuted for Playing Online Blackjack

Germany Prosecutes Unlawful Online Gambler for the First Time

Online gambling, including poker, is technically illegal in Germany ( unless the operator has Government issued license ) as outlined in the Interstate Treaty on Gambling 2012 (ISTG) but a gambler has not been prosecuted in the country…until now.

A 25-year-old man, whose identity has not been disclosed, won a total of €201,500 in 2011 while playing online blackjack and was working toward withdrawing the money from his casino account. He received five payments before his bank became suspicious of the large amounts and notified the German Financial Services Authorities.

The authorities raided the man’s house where they found a stash of €73,490 hidden in a shoebox. When asked about the source of the cash, the man admitted that he had won it by illegally gambling online. Police seized all but €10,000 after the man explained that it belonged to his mother.

In court, the man argued that the promotion of online gambling by German tennis player, Boris Becker led him to believe that online gambling was legal. He also argued that the laws of the European Union top German laws and he won playing Blackjack at a website based in Gibraltar with a UK gambling license.

The judge quickly set him straight explaining that the EU Treaty allows each jurisdiction the choice to permit online gambling or not so German law was not in violation of EU regulations. Also, the site he gambled at leaves it up to the player to determine whether or not gambling is legal in their region.

Not only were his winnings confiscated but the 25-year-old was fined €2,100, which was a total of seventy €30 fines, for the violation of Section 285 of Germany´s Criminal Code. According to the code, “Whosoever participates in a public game of chance (Section 284) shall be liable to imprisonment not exceeding six months or a fine not exceeding 180 daily units.”
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    pinkxxx

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    You can find anything and do anything on the internet these days . I don't believe in governments policing what people do in their own home . Many do try , that in mind it would have been a good idea for him to have used an e-wallet rather than his bank account . You think they would have gave him a lighter penalty being a first time offense.
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    tazdevil

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    Today I received an email from GUTS that they are closing german player accounts. The mail states this case as the reason for the closure and they hope that this case go up to a higher court as they believe it's against EU laws. Let's see how this ends. I will miss GUTS and I hope that other good casinos won't close their doors to us german players.
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    marcos2012

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    I am in favor of gambling and think it should be legalized by all governments the world and the money raised invested in education and health that is an issue as problematic here in Brazil. In Brazil it is allowed to play online at foreign casinos that are based outside of Brazil and I'm very happy because I can have fun without preoccupation,,I'm very sorry for this man and I think we should respect the laws of other countries and their jurisdictions, That's how things have to be bye bye
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    trpschick

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    The governments wouldn't have to worry about getting their "cut" if they would just make a law and legalize it! What difference should it make to them what we are doing with OUR money if they are getting their tax dollars for their pet project spending. We all know how the governments LOVE to waste our tax dollars. Legalizing online gambling would just give them more of our tax dollars to waste. The point is ... they know that people are going to do it regardless, so instead of going after processors which takes extra effort and time and money, why not just make it all legal and collect the tax dollars generated from it? Sometimes I think the average taxpayer would be a much better choice in running any country. At least they have their heads on straight! LOL
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    VaRiXD

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    So crazy :( And Sad he should use another way to withdraw Western Union - Eco pays - Net teller - Skril etc But I think the best way is Western Union :) He was lucky to be able to withdraw sadly the bank that all crook report it, so sad and unprofessionnal
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    iDark

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    Tsss, thats whyt You need Neteller or Skrill..limit withdrawals everyday and Youre safe and keep playing anywahere, lol. Unlucky gambler from germany, shame on government...
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    leannep

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    I'd like to comment on the German government, but the only thing I know about it is that it doesn't permit non-German online gambling. And I can't blame them, after the American Express fiasco.
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    seculla

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    I really can't understand how it comes that we just can't do with our money what we want, like jade just said. This is one really sad story and I can't understand this man. timidi you are right there are so many ways to "trick" the government, but on the other side the question is what we are doing wrong when we gamble?! Also I agree Casinista932 with you too. This is just about the monopoly.
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    timidi

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    I just don't understand why this man confess. I don't understand this man. But this is interesting story. And also this man wasn't so smart. He should take his money on different account, in that case he will be suspicious to casino but not to bank and government people. But I love this kind of story :)
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    Casinista932

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    Governments do not care about people's health. They are afraid only of losing the taxes needed to feed the corruption of politicians . Also in my country the casino companies have to acquire a local license . This is because they have the monopoly of the game ... as tobacco , spirits ... soon also of the prostitution . What 's the difference between these states and the mafia ? they have the same activity :) Just think that a slot of an online casino that operates *outlaw* have a payout of 95-98 % . Slot machines that are * regular * in my country have a payout of 73-75 % . The government of my country has granted to a company based off shore ( and owned by a mafia family ) 30% of the slot machine physically present on the territory .

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