Quote:
Originally Posted by gavz101
Can they claim investigation costs to reduce the amount paid to players do you know?
The regulator can do pretty much what they like in some ways. They try to reach an agreement with the operator about the specific case. The operator has an interest in reaching an agreement with them as the regulator can impose specific licence restrictions just for them, some of which might be very onerous/expensive to implement and ultimately they could pull the licence. They also have the power to pull individual key decision makers personal licence which would make them unemployable at that level at any UK licenced site.
There is not really a poker cheating example, the best I have is a software fault ona FOBT (slot machine) game. In the UK they have to publish the theoretical Return To Player (t-RTP) for the game and one new game was running for a while when the operator(s) found that the real RTP (r-RTP) was a bit worse than the t-RTP. Now this went on for a bit, it could be variance, they could not find the "fault" but they let the game continue to be used (that decision nearly cost a couple of personal licences BTW) but they reported it properly to the UKGC (the figures are al part of the operator return anyway).
This meant that thousands of players had a theoretical loss to the operator but of course there was no way to trace which players had theoretically lost out not just as it is not account based betting like poker but because you can't tell who might have had the one extra win in a session.
In the report they published they calculated the revenues made on the game and made the operator/supplier pay that - the first £50k to the UKGC to pay for their investigation costs and the rest to gambling treatment and research charities. Now that was the top end estimate of the theoretical loss, indeed it was all the losses - the site got no "help" to pay for their investigation or for putting the s/w right. In practice the error ended up costing the supplier a significant amount of money, a clear net loss, a decent dent in their revenues.
Similarly with a criminal known to have lost a lot - even though the operator reported them as a suspicious betting activity because they were not quick enough about it and/or did not monitor the player well enough (their VIP programme had a lot more info than their fraud team) they made them pay every penny he had lost to them, the freebie race tickets and the like were not deductible, nor their invstigation costs.
So, the only examples I have had the UKGC making sure that licence failure resulted in some financial loss for the operator from the whole sorry tale, with that negotiated settlement done at the end of the process, just before the UKGC published their report.
Sorry that's a bit long and it is not a simple answer to your question.