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Regulatory Settlement

In line with our Statement of principles for licensing and regulation, BGO has concluded a regulatory settlement. The settlement agreement consists of:

  • Agreement to a variation of their licence namely:
  • Licensee shall apply enhanced due diligence measures (EDD) to the top 250 customers within its customer profiling system where it is required to do so in accordance with both the Money Laundering Regulations 2017 and the Gambling Commission’s published guidance concerning AML. This will consist of the top 125 customers by drop (deposits) and the top 125 customers by loss, in each case based on customers who have placed a bet in the previous 12 months, irrespective of whether such customer’s account is, at the relevant time, active, frozen / closed or self-excluded. The top customers shall be determined by their drop (deposit) and loss in the previous 12-month period. This EDD is to be conducted within three months of the publication of the public statement and conducted thereafter every 12 months as required. The findings of each review should be presented to the Board of Licensee and acted upon. Records are to be maintained and presented to the Gambling Commission when required.
  • Licensee shall maintain a record of the effectiveness of the Responsible Gambling checks that it undertakes on the top 250 customers within its customer profiling system. This will consist of the top 125 customers by drop (deposits) and the top 125 customers by loss, in each case based on customers who have placed a bet in the previous 12 months, irrespective of whether such customer’s account is, at the relevant time, active, frozen / closed or self-excluded. The top customers shall be determined by their drop (deposit) and loss in the previous 12-month period. The Responsible Gambling checks should be conducted in line with the Gambling Commission’s published guidance. This review is to be conducted within three months of the publication of the public statement and conducted thereafter every 12 months as required. The findings of each review should be presented to the Board of Licensee and acted upon. Records are to be maintained and presented to the Gambling Commission when required.
  • £2,000,000 payment in lieu of a financial penalty, which will be directed towards delivering the National Strategy to Reduce Gambling Harms
  • Agreement to the publication of a statement of facts in relation to this case
  • Payment of £31,023.87p towards investigation costs.

In considering an appropriate resolution to this investigation, the Commission has had regard to the following aggravating and mitigating factors:

Aggravating

  • BGO accepted that these breaches were not isolated and occurred over a sustained period of time, this despite ongoing input by the Commission.
  • The systemic nature of the breaches means customers not known to the Commission were likely affected.
  • The breaches arose in circumstances similar to previous cases which have resulted in the publication of lessons to be learned for the wider industry.
  • The need to encourage compliance amongst other operators.
  • BGO failed to have adequate MLTF Risk Assessment in place as well as appropriate AML Policies and controls despite continued guidance being provided by the Commission.

Mitigating

  • BGO has now put in place renewed policies and procedures which it says will prevent similar failings recurring.
  • BGO accepted responsibility for the failings at an early stage and has been co- operative during the review process.
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