Proceeds of crime

Request

1. Please can you confirm the direction from the Gambling Commission to operators when they have benefitted from proceeds of crime.
2. Do you advise the money is returned to the victims or do you allow them to keep the money?
3. Please can you let me know the current expectations and how those expectations have changed over the last 20 years?

Response

Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).

In your email you have requested:

1. Please can you confirm the direction from the Gambling Commission to operators when they have benefitted from proceeds of crime.
2. Do you advise the money is returned to the victims or do you allow them to keep the money?
3. Please can you let me know the current expectations and how those expectations have changed over the last 20 years?

The Gambling Commission can confirm that this information is not currently held in a recorded format.

It should be noted that the FOIA gives individuals the right to request only recorded information held by public authorities, such as the Gambling Commission. It does not provide an avenue for individuals to gain views or opinions of public authorities or information not held at the time the request is made. The FOIA does not require a public authority to create new information to answer a request.

However, we can confirm that the Commission’s position is that operators should not benefit from the proceeds of crime. We would expect operators to comply with their duties under the Proceeds of Crime Act (POCA) and uphold the principles of the Gambling Act, namely keeping crime out of gambling.

Operators must comply with any relevant court orders obtained by law enforcement, particularly where victims of crime have been identified or funds held by an operator represent criminal benefit.

Review of the decision

If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email. 

Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.

If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission. 

It should be noted that if you wish to raise a complaint with the ICO about the Commission’s handling of your request for information, then you are required to do so within six weeks of receiving your final response or last substantive contact with us.

The ICO can be contacted at: The Information Commissioner’s Office (opens in new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Information Management Team
Gambling Commission