Quote:
Originally Posted by davmcg
The UKGC didn't prosecute him, it was affiliate fraud that led to the prosecution by the CPS. They don't prosecute crooked racehorse owners who lay their own horses on betfair. They didn't prosecute the cricketers who were caught spot fixing, that was the CPS again. They haven't ever prosecuted an internet gambling cheat. They are a rubber stamp regulator just like Malta etc.
This is both true and not true!
This is a bit off topic and long so feel free to skip......****;dr
The UKGC role in terms of investigation and prosecution is limited to offences under the 2005 Act - most relevant here Section 42, cheating max of 2 years. They can make a decision to prosecute, seek a caution or say impose additional licence conditions or reach an agreement/financial settlement for stuff with a remote operator under the Act.
When they uncover evidence of offences outside the 2005 Act then that goes to the CPS. They work with the National Crime Agency and have access to the police national computer for their investigations.
The rubber stamp regulators are not prosecutors like the UKGC. Even where offences under the Act are prosecuted (say the Pakistani cricketers match fixing) then almost invariably they work with the CPS as there are other non 2005 Act offences too. In that case some of the charges they faced the CPS decided to pursue and some the UKGC made that decision. Then they dumped it all on the CPS prosecutor to handle the lot. In practice they go to them for all the 2005 Act stuff as the CPS have the experience.
They explain their role here in this long PDF.
http://www.gamblingcommission.gov.uk...-statement.pdf
Now I know that with Woods the UKGC were involved, I know that they were involved in the decision as to whether to prosecute him under Section 42 that carries 2 years and where they have the prosecute or not decision OR to prosecute him for the same actions as fraud by misrepresentation that carries a maximum 10 year gaol sentence, but which the CPS not UKGC have the charging decision for. They could not prosecute both as it was the same action and the same burden of proof, there was no lesser charge for a jury to opt for if guilty then guilty. The decision as is usual in such cases is to charge under the offence with the higher tariff and he was convicted of three cheating offences and six other non cheating charges - all under the same fraud offence.
The UKGC role here as a statutory regulator is to work with the CPS and to advise the CPS. It is their job for instance to outline why they believe or do not believe a prosecution is in the public interest or of significance to them in their role.
Now let us look at the UKGC attitude to prosecutions. Their view is that they should be a last resort. They much prefer to pass the role of imposing sanctions on to the sporting bodies.
Do I agree with them? Well no, I have spent years trying to get them to prosecute people, hell I wanted the trainer using steroids on his horses charges under Section 42 too, never mind people laying their own horses where of course they should but the UKGC see prosecutions as lengthy, expensive, at risk of embarassing failure to convict and possibly ending in relatively trivial sanctions. In their view the quick ten year ban by the authorities for giving horses steroids which cost them no effort or money or risk was enough as a deterrent.
So when I next nag the UKGC about prosecuting someone will it be Hastings in these high stakes games for multi accounting vs a few other very experienced high stakes gamblers or will it be someone cheating thousands of regular players via a bot or collusion. Well I'll pick the offenders ripping off lots of little guys thanks not this.
For a couple of centuries the UK courts washed their hands of gambling. They got so sick of rich aristocrats suing each other and clogging up the courts with this sort of petty rubbish that they put gambling outside the law and made ganbling debts non recoverable in court. The 2005 Act changed that and now Ivey can sue Crockfords and someone can sue Hastings in a UK court. This would be under civil law and balance of probabilities not beyond reasonable doubt would apply.
If I raised this rubbish with the UKGC they would say roughly what I think (though more politely) - the people involved in this are all big enough and ugly enough (and rich enough) to sort it out in the civil courts because now, if you are cheated on or welched upon over a bet you can.