Crackdown on Online Gambling: Are You at Risk?

More and more people in Germany are finding themselves under investigation, not for traditional crimes, but for participating in online gambling. Investigations into illegal gambling are on the rise nationwide. Playing with unlicensed providers can lead to criminal charges, account seizures, and the confiscation of supposed winnings. But what exactly constitutes illegal gambling? Who is affected? And what rights do those involved have?

What is Considered Illegal Gambling?

Illegal gambling occurs when gambling is offered or participated in without official permission in Germany. The basis for this is § 285 of the Criminal Code (StGB), according to which not only providers but also participants in unauthorized gambling can be punished with a fine or imprisonment of up to six months. The crucial factor is whether the provider has a valid German license. Since the State Treaty on Gambling 2021 (GlüStV) came into force, only providers listed on the whitelist of the Joint Gambling Authority of the Länder are allowed to organize gambling. Many well-known online casinos, poker platforms, or sports betting providers do not have such a permit and are therefore acting illegally – even if they have German language versions, advertising, and customer support.

The Gambling Authority’s Whitelist: Why It’s Crucial

The whitelist is the central tool for checking legality. It lists all operators who have received a legally valid license to conduct gambling in Germany. The check is carried out at the domain level. This means that even if a provider works with a licensed brand, a gambling offer via an unregistered domain – such as a “.com” address – is to be classified as illegal. Players who make payments to such providers or gamble there may therefore be liable to prosecution. Many users do not recognize the illegality because providers deliberately build trust through a professional appearance, advertising, or payment processing via German banks.

Criminal Risks of Participating in Illegal Gambling

In addition to the pure criminal liability of participation (§ 285 StGB), there are other legal consequences. A central issue is the so-called confiscation according to §§ 73 ff. StGB. This involves skimming profits from illegal gambling. Public prosecutors regularly demand the return of all payouts – and not only the profit, but also payouts from deposits, since many authorities believe that a “gross principle” applies. As a result, players are sometimes confronted with five-figure confiscation orders, even though they have made losses overall.

The Course of an Investigation: What Those Affected Can Expect

Investigations into illegal gambling usually begin with a summons to the police or a letter from the public prosecutor’s office. These are often based on bank data or financial transactions that have come to light as part of money laundering controls. If illegal gambling is suspected, accounts can also be frozen or searched. In individual cases, apartments are searched, especially if there is suspicion of commercial participation or money laundering. However, the initiation of an investigation does not automatically mean a conviction – on the contrary: in many cases, it is possible to achieve a dismissal.

Defense Strategies in Practice

An effective defense begins with silence. Accused persons should not make any statements to the police or public prosecutor’s office before they have received legal advice. In many cases, it is possible to recognize after inspecting the files on what basis the proceedings are based and whether intent can be proven at all. A common defense approach is the lack of knowledge about the illegality of the offer. Especially when providers appear professional, it is understandable that the user does not recognize that it is an unauthorized gambling game. The technical structure – such as redirects or obscured domain structures – can also be an argument against intent. Other aspects such as low stakes or game cancellations can also be used to achieve a dismissal according to § 153a StPO. An experienced professional in the field can help with the defense.

Confiscation of Winnings: Do Those Affected Have to Pay Everything Back?

The confiscation of supposed winnings poses an enormous financial threat to many accused persons. Often, no distinction is made between profit and repayment. The public prosecutor’s office considers all payouts as potential proceeds of crime. In practice, this means that someone who has deposited 10,000 euros, won 2,000 euros, and received 9,000 euros in payouts may have to pay back the full 9,000 euros – even if they have lost overall. The defense against this practice focuses on the gross method. In many proceedings, it can be proven that there was no unlawful economic advantage. In addition, it can be argued that a recourse to § 73 StGB is not proportionate if a dismissal according to § 153a StPO takes place or there is no classic profit.

Civil Law Claims Against Gambling Providers

There are also civil law options. Anyone who has played with an unlicensed provider and lost money may be able to reclaim these losses. The Federal Court of Justice and numerous Higher Regional Courts have ruled that gambling contracts with unauthorized gambling providers are void under § 134 BGB. This means that players can reclaim their stakes – regardless of whether they were aware that the offer was illegal. The prerequisite is that the provider did not have a German license at the time of participation and was not on the whitelist.

Our Firm Can Help: Defense Against Illegal Gambling Charges

The law firm tes rechtsanwälte steuerberater – tietze enders & Partner mbB, based in Frankfurt am Main and Bad Soden, represents clients nationwide in connection with illegal gambling. We check for you whether an investigation is legally vulnerable, apply for access to files, and submit defense briefs. In many cases, legal expenses insurance covers the costs – we are happy to submit a free coverage request.

Our team consists of experienced criminal defense professionals in this field and civil law experts with technological know-how to understand even complex payment structures.

Conclusion: Minimize Risks – Exercise Your Rights

Illegal gambling can have criminal, financial, and tax consequences – even for supposedly harmless participants. In particular, those who work in sensitive areas may experience problems due to such investigations.

Those affected should not waste any time and seek professional help. Investigations can often be discontinued, confiscations avoided, and losses recovered under civil law.

Checklist: What to Do in Case of Investigations for Illegal Gambling?

• Do not make any statements to the police or public prosecutor’s office without professional advice
• Secure account statements and deposit receipts
• Check the provider on the GGL whitelist
• Prepare a defense with professional help and request access to files
• Check the possibility of a refund and, if necessary, request coverage from legal expenses insurance (use a free coverage request)

Contact Us:

info@tes-partner.de

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