I would like to state that, there are several points that should be mentioned regarding the accusations of the casino. First of all, up until the current moment, I`ve been wrongly accused 2 times. Let me present you some proofs regarding the case. First of all, the reason for which my account was blocked by the casino, as stated in their e-mail is:
I am contacting you to let you know, that the following decision has been taken from Management due to the
Discrepancies that arose throughout the verification process.
You have failed to provide the required identity documentation as requested and as such your account can not
be reasonably verified in accordance with Anti Money Laundering Laws.
Your account will be closed forthwith and all funds will be voided
Thank you for your understanding.
As you can see, my account was blocked because I “failed to submit documents” which I did 4 days later.
Next, casino accused me of money laundering, stating the next paragraphs of terms in conditions, (…) - Using any funds obtained from or for any fraudulent or criminal activity.
Anyone who can read can clearly understand that this term, as well as any other laws in any other countries are only applicable to those people who BROKE them, in the past tense. Also, lets take a look at the definition of Money Laundering, as It is defined in section 340 of the Proceeds of Crime Act 2002 (POCA):
1. trying to turn money raised through criminal activity into ‘clean’ money (that is, classic money laundering)
2. possessing or transferring the benefit of acquisitive crimes such as theft and fraud, and funds generated from crimes like tax evasion (this includes the possession by an offender of the proceeds of their own criminal activity)
3. possessing or transferring stolen goods
4. being directly involved with any criminal or terrorist property, or entering into arrangements to facilitate the laundering of criminal or terrorist property
5. criminals investing the proceeds of their crimes in the whole range of financial products
The thing that I am being accused of is completely different from any of these actions. In order to possess money from tax evasion I must do it first.
In the same act, the person who can be accused of money laundering is also described in
Section 327. A person commits an offence if he:
• conceals criminal property (for example, by depositing funds obtained through criminal activity into a gambling account)
• disguises criminal property (for example, by placing funds obtained through criminal activity into a gambling account and then withdrawing them at a later date)
• converts criminal property (for example, by placing bets in a gambling establishment and then cashing in the winnings)
• transfers criminal property (for example, by transferring property to another person or to a casino operator)
Which are also the things I have never done, therefore I cannot be by any means called the person who is involved in money laundering.
At last, casino states that they have to prevent fraudulent activities that are related to the AML regulations. Which means that they have to prevent money laundering from occurring. I understand that, but I also understand other things. First of all, could you please point out exactly in your own terms in conditions, or in the agreement with your license something that is related to the INTENTIONS, and not to the actual crimes that were committed before, for which you have the right to close the account and confiscate winnings? Because even though you say so, nothing about intentions is mentioned neither in your own terms in conditions, nor in the Proceeds of Crimes Act 2002, which also applies to Curacao. Moreover, I would like to explain, that according to the Law, there is a difference between tax avoidance and tax evasion. Tax avoidance is legal, it presumes that a person by the use of the tax laws in his country, lowers his tax burden. Which I was going to do, and I said that during the video conference. Because I have the right to re-deposit the money and keep playing and pay taxes only after I finish playing. Here is the paragraph from the law:
5) prizes of lotteries and gambling if the amount (total amount) of the prize (value thereof) does not exceed EUR 3000 in a taxation year. (can be found here https://likumi.lv/ta/en/en/id/56880, chapter 9, paragraph 5)
According to this paragraph, I have my legal right, to either not pay 23% tax and re-deposit my money to casino or to pay my tax until the end of a taxation year.
However, the casino is accusing me of INTENTION of the tax evasion, lets take a look at the definition: Tax evasion is an illegal action in which a person or entity deliberately avoids paying a true tax liability. Again, it is stated in the past tense, I have to fail to pay taxes to be accused of tax evasion, until I did so, no one has the right to accuse me of doing it.
And the last but not the least important thing, according to the law, tax evasion can be considered fraudulent action only if : A failure to pay may be judged fraudulent in cases where a taxpayer made efforts to conceal assets by associating them with a person other than themselves. This can include reporting income under a false name and Social Security number (SSN), which can also constitute identity theft.
However all of the other Bank Statements that I provided were clearly associated with me. In other cases, tax evasion is indeed a crime, but it has absolutely nothing to do with any AML regulations that were listed before. According to the all of the listed above, there is only 1 case in which the casino would definitely be on the right and would successfully prevent the money laundering. And that is, in case if, my money that was clean when I deposited it, would become illegal the moment it reached my bank account. However, since according to the law listed above, once it reaches my bank account, it will not become illegal, it will stay legal for 11 months and then I during this time I will either have to re-deposit it or pay the taxes. And I will once again repeat myself, the willingness to pay or not to pay taxes has absolutely nothing to do with the money laundering or with all of the AML policies that casino has. Not only I`ve been accused of the different thing like not providing my documents at first, but now I am being accused because of an INTENTION that is legal, and will remain so until I will fail to submit tax declaration in 11 months, and I am also being accused of intention that has nothing to do with the money laundering. Casino has the right to close the account of the player and withhold winnings in case that their terms and conditions were broken by the player, there is nothing in both AML acts, terms and conditions of the casino that they have the right to close the players account because of their INTENTIONS that are not directly connected to money laundering and because of the possibility that, during 11 months they will not pay taxes or re-deposit the money. In this way, any account can be blocked for unclear intentions and not actual breaches of terms. Moreover, the video conversation that casino has only proves that I wanted to avoid taxes, not to evade them, which is completely legal and I had legal rights to enclose the information about my intentions to casino to do so. It is the responsibility of the casino to ensure that the money that I deposited is clean, and they money that I have withdrawn is clean. However, it is not responsibility of the casino to ensure I pay my taxes on time, if it was, then the casino would be obliged to contact every tax department of every country of every player and check about whether they paid their taxes or not.