As it stands i'm not aware of any online casino that is specifically licensed in the UK and as such as long as Finsoft/Spielo G2 are doing any of the game creation within the UK they have to have UK Gambling License and hence are allowed to display the seal, but as long as they only sell their products to companies licensed outside of the UK are free to ignore the technical standards of the UKGC. In other words, unless you are playing with a company that are directly licensed in the UK the game providers that the company use displaying the UKGC seal is no protection at all.
Given that the GRA deny any responsibility for game integrity this essentially means that they are free to both show the UKGC seal and do whatever the hell they want to the games behind the scenes.
Hi, this is my first post. Pokeraddict's article led me to this thread.
My thing is poker with a sideline obsession with the regulation of online gambling. I want to help push the UKGC into acting. I also want to see how the Gib Reguator can make life miserable for Finsoft too. I don't want to contact UKGC myself as whoever they have already been responding to is better placed to lean on them.
This may get a little long as I will quote a few laws and regulations but bare with me please especialy as I think they can be prosecuted and even face gaol despite what the UKGC said in their initial response..
Finsoft's role in this outrageous. They created/tweaked and marketed a crooked game that breaches the technical standards for Gibraltar licenced sites and would have breached the UK standards if they had applied.
Unfortunately as Poog has found the UKGC can do nothing regarding software sold to overseas sites even though it is used by UK based players using UK advertised sites that have other UK Gambling Commission Licences and bookmakers in every high street. Though Finsoft is UK based and UKGC licenced the UK technical standards do not apply.
Finsoft's UKGC licence means very little in terms of rules once the technical standards are removed. This is all that is required of them by the code of practice:
Fortunately they are so incompetent they even breach these pathetic minimum requirements. They are in breach of the UKGC Software Development Licence.
This is their website
It lists some products they supply and it says they have a UKGC Licence (in tiny grey print at the bottom, you may miss it) but it is in clear breach of their obligations under the Code of Practice which says:
“Licensees offering the supply of gaming machines or gambling software on websites
must:
a) display the following information on the first page of the website which offers
gaming machines or gambling software in reliance on the licence:
(i) a statement that they are licensed and regulated by the Gambling
Commission;
(ii) their licence number; and
(iii) a link to the Commission’s website;
b) display at least the information at (i) above on each page of the website which
offers gaming machines or gambling software in reliance on the licence.
c) where they offer on pages of, or by means of a link from, their website, the
supply of gaming machines or gambling software which are not provided in
reliance on their licence, clearly distinguish those products which are regulated by
the Commission from those which are not.”
They clearly breach it under sections ii), iii), b, and c.
Poog - section Ct to some extent addresses your concern that firms can get the UKGC licence endorsement and then not have to meet the technical standards. If they list their products they need to make clear which are covered by the licence. Finsoft don't so that is a breech.
Now the consequences of this breach. I'd love to have it be that they have broken the law under the 2005 Gambling Act which says
“Gambling software
(1) A person commits an offence if in the course of a business he manufactures,
supplies, installs or adapts gambling software unless he acts in accordance
with an operating licence.
(2) In this Act “gambling software”—
(a) means computer software for use in connection with remote gambling,
but
(b) does not include anything for use solely in connection with a gaming
machine.
(3) A person does not supply or install gambling software for the purposes of
subsection (1) by reason only of the facts that—
(a) he makes facilities for remote communication or non-remote
communication available to another person, and
(b) the facilities are used by the other person to supply or install gambling
software.
(4) A person guilty of an offence under this section shall be liable on summary
conviction to—
(a) imprisonment for a term not exceeding 51 weeks,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.
(5) In the application of subsection (4) to Scotland the reference to 51 weeks shall
have effect as a reference to six months”
but the public interest to prosecute for a technical infraction is probably not there and despite having a licence they may not have actually supplied any software to a UK Licenced firm.and if so no offence has been committed despite acting outside the operating licence terms.
The breach is real though so the UKGC need to look at their options for enforcement:
“The Gambling Commission has a range of powers which we may exercise following a review including:
issuing a warning to a licence holder
attaching an additional condition to a licence
removing or amending a condition to a licence
suspending a licence at the outset, or following a review
revoking a licence
imposing a financial penalty following breach of a licence condition.”
Any reported breach goes to the UKGC review board, there is a breach to report and at the resulting hearing then the way that Finsoft have sold software to a Gib licenced site in breach of the Gib rules becomes relevant in deciding whether to revoke the licence entirely as they are not fit and proper persons to hold a licence, at the least they might get additional conditions imposed upon them.
Whoever has been chasing the UKGC should go back to them with the above.
Now we turn to giving Finsoft pain via the Gibraltar authorities. There is less fun to be had here. There is no software developers offence and no software developers licence. Instead the 2005 Gibraltar Act deals with software suppliers via this section of the Act:
“Software suppliers.
26.(1) On receipt of a request from the Gambling Commissioner asking for
information concerning software of a particular description, the holder of a
licence shall give the Commissioner in such form and manner as may be
specified in the request, information concerning any person who supplies to
the licence holder software of that description and of the specification of
any such software.
(2) If the Gambling Commissioner is not satisfied with the information
provided by a licence holder in pursuance of subsection (1), the
Commissioner may by notice in writing prohibit the licence holder from contracting, or continuing to carry on business, with a software supplier specified in the notice”
A complaint to the Gib authorities should ask them to investigate Finsoft by asking every licenced site what software thy have from them. They should be asked to use their powers to order all Gibraltar registered sites to not use Finsoft as they clearly failed to supply software compliant with the Gib technical standards.
You would think that this was long enough already but there is something else about the UKGC that I find hugely frustrating. They refuse to say what they think is cheating under the 2005 Gambling Act. Apparently that is for the courts to decide but they have a duty to collect information on cheating and to pursue prosecutions. They have even done this a few times but never for online poker or remote gambling. In part I think this is because they are so focussed on the stuff above - the licence holders operating conditions and technical standards. The cheating parts of the act are a general offence that can apply to anyone regardless of where they are licenced but the UKGC do not want to take responsibility for anyone licenced overseas. Unfortunately for them a UK firm cheating a UK customer commits an offence even if they have a licence overseas and the transaction went via Gib.
This is what the act says on cheating:
Cheating
(1) A person commits an offence if he—
(a) cheats at gambling, or
(b) does anything for the purpose of enabling or assisting another person
to cheat at gambling.
(2) For the purposes of subsection (1) it is immaterial whether a person who
cheats—
(a) improves his chances of winning anything, or
(b) wins anything.
(3) Without prejudice to the generality of subsection (1) cheating at gambling may,
in particular, consist of actual or attempted deception or interference in
connection with—
(a) the process by which gambling is conducted, or(b) a real or virtual game, race or other event or process to which gambling
relates.
(4) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding
two years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding 51
weeks, to a fine not exceeding the statutory maximum or to both.
Now from this thread we have a quite simple criminal chain. Finsoft supplied software designed to take 4% off everyone but presented it as an even odds game in that same package. BetFred are also guilty. They set up a game said to be 100% RTP but really 96% and did it for YEARS. Just this one person working it out was ripped off for thousands. I struggle to see how interfering with what was a 100% RTP game to make it 96% but still presenting it as 100% can be anything else but clearly cheating under the act.
Having dealt with the UKGC on cheating and poker (collusion and bots) I am reluctant to start again with this case but I would advise that this specific criminal allegation will only muddy the earlier complaint on Finsoft breaching the Code of Practice. They can deal with that far more easily without this additional charge. If anyone wants to see Finsoft and BetFred face the criminal investigation they deserve then I'd advise reporting their Section 42 Cheating to the UKGC as a completely separate thing. The more who do it the more pressure there is on the UKGC to act on remote gambling cheating and you never know maybe issue some guidance as to what is cheating.