Lottery Winner Faces Illegal Gambling Charges in Germany

A 39-year-old woman from Vaterstetten, Germany, found herself in court after winning a substantial amount of money in the lottery. The twist? Prosecutors allege her win stemmed from illegal online gambling.

The woman, an assistant doctor, hit the jackpot in January, pocketing over €106,000. However, the Ebersberg public prosecutor’s office claims she participated in a lottery through an online provider based in Malta. This company, according to the prosecution, lacks a German gambling license, rendering its operations in the country illegal.

When the substantial win landed in the defendant’s account on January 8th, bank employees grew suspicious. The provider was not listed on the “Whitelist,” a directory maintained by the Joint Gambling Authority of the Länder (GGL) that lists all legal operators. This prompted the prosecutor’s office to file charges.

Navigating the Gray Areas of Online Betting

The defendant arrived at the courthouse accompanied by three lawyers, armed with files, laptops, and the German Criminal Code. However, the legal team remained tight-lipped about the alleged gambling activity itself. Instead, they focused on exploiting the legal ambiguities surrounding online betting.

One of the defense lawyers argued, “We have no knowledge of whether this was illegal gambling at all.” He pointed to pending rulings from the Federal and EU Courts, as well as the EU license held by the Maltese provider. “How is an ordinary, law-abiding citizen supposed to know that it is not valid in Germany?” he questioned.

A Courtroom Game of Chance

To illustrate his point, the lawyer presented Judge Benjamin Lenhart with three online lottery tickets. “Can you tell me which one is illegal?” he asked. The judge admitted that the tickets appeared indistinguishable.

The defense team further criticized the “Whitelist,” also known as the State Treaty on Gambling, calling it “absolute rubbish” and claiming it omits 98 percent of providers, including the Maltese company in question.

Demands for Fines and Asset Forfeiture

“How is a layperson supposed to understand this?” the lawyer asked, noting that the prosecution only took notice of the alleged illegal gambling due to the large win. “You can’t cherry-pick and only prosecute the winners,” he argued, addressing the prosecutor who had requested a €600 fine and the forfeiture of the €106,000 winnings.

Judge Benjamin Lenhart, in his verdict, conceded, “I wouldn’t have known about the license either.” He acquitted the lottery winner, finding the defense’s arguments persuasive. Furthermore, he stated that it could not be proven that the defendant was the one who filled out the winning ticket.