What Did NETeller do Wrong?
At this point the fact that NETeller is under investigation in the United States
is little surprise to anyone who follows the online casino industry. But many
simply know that the company violated the 2006 Unlawful Internet Gambling Act,
but the charges actually go beyond that because of the methods the company used
to conceal transactions and process online casino money illegal through U.S.
based financial institutions from offshore internet gambling sites.
For these reasons, NETeller’s offenses against the United States concerning
online casino transactions are actually much more serious than violation of the
UIGEA. NETeller faces criminal conspiracy charges for violation of Title 18,
United States Code, Section 371.
Specifically:
(i) use the wires to transmit in interstate and foreign commerce bets and wagers
on behalf of persons engaged in the business of betting and wagering, in
violation of Title 18, United States Code, Section 1084;
(ii) conduct illegal gambling businesses, in violation of Title 18, United
States Code, Section 1955;
(iii) conduct international monetary transactions for purposes of promoting
illegal gambling, in violation of Title 18, United States Code, Section
1956(a)(2)(A); and
(iv) conduct an unlicensed money transmitting business, in violation of Title
18, United States Code, Section 1960.
The reason that the USAO decided to actually go after NETeller and the company’s
cofounders is outlined by Garcia, a spokesperson for the case. Some of the facts
that come into play in NETellers prosecution for illegal online casino gambling
activities include:
(i) the seriousness and duration of Neteller's conduct involving the processing
of billions of dollars of gambling transactions in violation of state and
federal law, and
(ii) the involvement of senior corporate officers in the company's criminal
conduct.
The decision then to enter into the Deferred Prosecution Agreement with Neteller,
Garcia continued, was based on a variety of factors and considerations also set
out in the Principles, including:
(i) the company's frank acknowledgment of its misconduct and its willingness to
cooperate with the investigation; and
(ii) the company's remedial actions, including cessation of its participation in
illegal gambling transactions involving persons located in the United States;
implementation of procedures and controls to prevent its services from being
used to conduct U.S. gambling transactions; retention of a monitor to ensure
compliance with those procedures and controls; and disgorgement of $136,000,000
in criminal proceeds.
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