Possible legal actions against gambling affiliates

[krister]

Guys, I am wondering, in case I am sending traffic to casinos which don't have a local license (for example, I send UK traffic to a casino, which operates without UK license), can I get in trouble as an affiliate?

Has somebody been really prosecuted? For example, I visit, let's say Thailand, and get extradited to the US on the grounds that I was sending US traffic to casinos without local license, which is a crime in the US (I am a citizen of some 3d country).

[MMM]

I don't think any US affiliate, living in US, promoting offshore brands, have ever been charged. I might be wrong, but at least as far as i know.
Not to mention chasing someone from 3rd country in Bangkok

[connd]

For something like this I'd want to consult a lawyer from the country I am based in, you could find yourself in serious trouble if you go off what unqualified people on a forum say.

[baldidiot]

You could find yourself in trouble for promoting offshore brands to the UK as they've made that clearly illegal (ie: no grey area). I'm not sure if any affiliates have got in trouble for it but some gambling sites have been prosecuted and fined - including some guys who were doing some kind of small scale gambling on youtube (eg: https://www.bbc.co.uk/news/technology-38879969).

As for the more grey markets... I've never heard of anything specific, but you do get countries blocking websites. That seems to be the worst of it so far, but that doesn't mean it couldn't happen.

The US is a bit of a weird case as the rules are all over the place. You will find that if you promote non-licensed brands in the US that the licensed brands won't touch you with a barge pole though so you kind of need to make a decision on whether you're promoting licensed or non-licensed brands.

We don't do anything in the US at the moment but we've been warned by UK programs that if we were to promote non-licensed brands in the US it would put our UK account at risk, so just bear that in mind.

[baldidiot]

Oh also years ago there was an affiliate on PAL who said they got raided by the police and had all their equipment seized but I don't think anything came of it. Anyone remember the details of that?

[FintanCostello]

Guys, I am wondering, in case I am sending traffic to casinos which don't have a local license (for example, I send UK traffic to a casino, which operates without UK license), can I get in trouble as an affiliate?

Has somebody been really prosecuted? For example, I visit, let's say Thailand, and get extradited to the US on the grounds that I was sending US traffic to casinos without local license, which is a crime in the US (I am a citizen of some 3d country).

It's definitely a risk. You also have additional risks like when your bank manager asks about source of funds and things like that.

[Pokerface]

Although I have my own opinion I would certainly consult a lawyer for advise in this situation is you have any doubt.

[Integrity]

I don't think any US affiliate, living in US, promoting offshore brands, have ever been charged.

In 2006 I was threatened by the Washington State Gambling Commission with up to 5 years in prison for running a casino portal. That's why I shut my sites down.

As far as the original question, this was in the headlines today: Dutch regulator takes action against 15 affiliate websites

[Cash Bonus]

It's always better to seek advice from a gaming lawyer to be certain.

[Former Member 14]

As far as the original question, this was in the headlines today: Dutch regulator takes action against 15 affiliate websites

Countries trying to police the internet...lol
Oh how I miss the 90's when, 99.999% of Governments, considered, the internet, a huge fad.

[Triple7]

In 2006 I was threatened by the Washington State Gambling Commission with up to 5 years in prison for running a casino portal. That's why I shut my sites down.

As far as the original question, this was in the headlines today: Dutch regulator takes action against 15 affiliate websites

They give warnings and if you continue fines of € 25k or something like that. That's totally another thing than 5 years US prison.

[Former Member 14]

They give warnings and if you continue fines of € 25k or something like that.

But if your not residing on Dutch soil, how are they going to collect € 25k or force someone to pay it???!!!

In Australia, the ACMA who is the Gov., Dept in charge of online-gambling.

Basically how it works here is: If an affiliate is marketing any non Australian licensed igaming venue to Australians, if that affiliate is not residing on AU soil, the ACMA blocks/blacklists the site, and adds the affiliate's name to a database.

If that person (affiliate/s) ever visits Australia, the Federal Police will nab them at custom.

[worthy]

There is a difference between advertising casinos not licensed in a specific country in that country and having those casinos on the affiliate site and visitors from that country clicking through to those casinos.

[Former Member 14]

There is a difference between advertising casinos not licensed in a specific country in that country and having those casinos on the affiliate site and visitors from that country clicking through to those casinos.

Sorry dude but your statement makes no sense at all. It's not only ambiguous but worse, clear as mud.

[Triple7]

But if your not residing on Dutch soil, how are they going to collect € 25k or force someone to pay it???!!!

In Australia, the ACMA who is the Gov., Dept in charge of online-gambling.

Basically how it works here is: If an affiliate is marketing any non Australian licensed igaming venue to Australians, if that affiliate is not residing on AU soil, the ACMA blocks/blacklists the site, and adds the affiliate's name to a database.

If that person (affiliate/s) ever visits Australia, the Federal Police will nab them at custom.

They'll try to collect it. Which is easy in NL, a bit more difficult within the EU and almost impossible outside the EU. So, it all depends also a bit where you're based or in the case of Australia if you're traveling to Australia.

Most dodgy casino brands also block players from countries they're physically based or have links to.

I'd not promote offshore brands in Australia if i was based in AU or had plans to travel to Australia.

[Former Member 14]

I'd not promote offshore brands in Australia if i was based in AU or had plans to travel to Australia.

As soon as the amended IGA came into force (August 2017) I blocked all AU traffic. After all these years, there are still some AU affiliates promoting illegal igaming venues to Aussies. I just prefer not to have the Feds knocking at my door. Hence the blocking

[Triple7]

As soon as the amended IGA came into force (August 2017) I blocked all AU traffic. After all these years, there are still some AU affiliates promoting illegal igaming venues to Aussies. I just prefer not to have the Feds knocking at my door. Hence the blocking

Yes, that's the best, I think, if you're living in Australia. If you're living outside Australia and not having plans to visit Australia, it might be worth the risk.

[Former Member 14]

If you're living outside Australia and not having plans to visit Australia, it might be worth the risk.

If I wasn't an Aussie living in Australia, and not planning to visit the country, I'd market here for sure.

FYI - The GPWA member who owns CasinoHex, recently got blacklisted (blocked) by the ACMA. So they are investigating affiliates, along with the casinos they market to Aussies.

Personally I think the laws are absurd. Especially now the Gov., is in debt to covid.

It would make far better sense to legalise it and charge licensing fees. Maybe now the USA is moving in that direction, and most other countries too, Australia may find its sense, and join in.

Could understand if "gambling" was frowned upon here in AU.

But lets not kid ourselves, Australia is one of, if not, the largest (per capita) gambling nations in the world.

I can jump in my car and drive 5 minutes in any direction and find not only a pub with pokies, but a flurry of betting shops, scratch-it-tickets, lotto, keno etc., etc., all AU-licensed to take my bets, without a 2'nd thought.

However the ACMA and the Gov., would have people think gambling online, at unlicensed AU entities are the Devil's Tools.

As always it all comes down to money, and who waves the biggest lobbyist donations.

Maybe online casinos targeting AU, should band together, and fill a war chest with cash... just a thought

[baldidiot]

In 2006 I was threatened by the Washington State Gambling Commission with up to 5 years in prison for running a casino portal. That's why I shut my sites down.

Seriously? Dang!

What was the specific charge or law they were using, do you remember?

[worthy]

Sorry dude but your statement makes no sense at all. It's not only ambiguous but worse, clear as mud.

I know. I'd instead ask what will comply with the law.
Do you have to block the country entirely from your site or just not target it to that country in any way? Which will do?

not blocking != targeting