I believe I said this somewhere earlier, I fully agree with basically everything you say. Why have you not sought the advice of a lawyer?
It's not really that easy (InterCasino is licensed in Malta). In actuality, my legal case for the actual $25,000 is not incredibly strong. I would need a very sympathetic judge and, depending on the factors he takes into account when handing down his decision, could actually be a 'legally' poor decision if he ruled in my favour.
The law is not, and should not be, about pure fairness. Legally, InterCasino did nothing wrong. That's not what I'm arguing. I arguing they were extremely unethical and immoral (or, if you don't hold online casinos to those high standards, then I argue they acted very stupidly and not in their own self-interest).
However, this is not entirely true upon reflection. Perhaps they acted not only in their own self-interest, but even brilliantly so. And THIS is where I could have a very strong legal case (at least in Australia or the UK).
I tried to withdraw about $105,000 some time before the crazy event of that server disconnect and single spin when software automatically, and not in parity with previous coin sizing upon reloading, defaulted to 100 times less than my normal coin size after an insanely huge sample of 100% max coin betting. They wouldn't let me withdraw the $105,000 at once as I wished to do. They only let me withdraw $10,000. I was actually quite angry about this, and the InterCasino support phone records will show my anger when I asked for the reason and was (of course) not given one.
Now, at the time I didn't realise it, but obviously I had a gambling problem. This limiting withdrawals nonsense is evil - it's brilliant business, I'll give them that, but it's unethical and it's evil. It would not be allowed in Australia and I'm sure would not be allowed in the UK. In fact, I believe there are specific laws stating the casinos cannot take wagers for which they cannot immediately pay out on should they lose. I believe a casino in Australia got into a lot of trouble for pushing a high roller to accept a portion of his cashout in chips, which he of course lost on his way to the exit door.
So InterCasino brilliantly forced the money to stay in my account, and to add a little spice into the soup, they made me furious about the 10k max withdrawal issue. I thought I was smarter and more in control and not the type to fall victim to such an obvious, crafty play - but well, we all know how that usually ends for someone with a gambling problem. There are no reasons to limit max withdrawals, except for obvious brilliant (but arguably evil) business strategical reasons. So there is that aspect that might hold some weight in a court (probably not a Maltese court where Malta relies heavily on the tax revenue generated by the online gaming industry there).
Were I to fight this in court, I could theoretically have an argument to get $100,000 back based on the support emails where a decent barrister would easily tear the poor girl apart on the witness stand (I have no idea if that's how these things even go - I've been to court once as a spectator watching a friend argue a frivolous parking ticket "on principle" and most of the courtroom was just laughing the entire time as my friend rambled on about liberty and god-knows-what until the [quietly amused] judge had to cut him off and ordered him to pay the fine plus extra fees - my friend, stared down the judge with mock horror and said: "This is an outrage. You have dealt a vicious blow to justice today, a blow from which she may never recover. I shall never come here again. Good day!" and stormed out haughtily to some more giggling and laughter.
The long stalling whilst supposedly waiting for wagering logs which did not impact in any, way, shape or form on the final decision to not pay my winnings...in an Australian court, I'm certain the judgement would not only be in my favour, but I could probably successfully sue for subsequent losses sustained whilst gambling if I could prove those losses were linked to the actions of InterCasino. An Australian judge ruled that Crown Casino (Australia's largest land-based casino) had a prima facie case to answer over Harry Kakavas' allegations that casino management enticed him to play even though they knew he had a gambling problem. Kakavas was suing for $30 million. I honestly cannot find the actual final verdict online (unbelievably - can anyone better at Googling find it pls?), but I think he lost as his case in the end. Kakavas was pretty unpopular in Australia and there was a lot of outrage at what was perceived to be an attempt for a man who gambled to lost to "cheat the system" and claim vicimisation.
To be honest, I'll honestly admit I felt the same way. I was all about personal responsibility and self-discipline and he had gambling debts in Vegas and I just got the feeling he was desperate and taking advantage of Australia's strict Control Act. I'm actually really interested in reading the judgement now, as I have a lot more empathy for him now than the Australian public and I had for him at the time.
There were some things that smelt fishy about his behaviour (from memory). I mean, whilst I have zero doubt that Crown VIP staff did everything in their power short of kidnapping him to entice him back to Crown from Vegas (jets, 20% cashback offers, VIP tickets to stuff, the usual crap), I believe his claim rested on the premise that he had an uncontrollable gambling addiction and they exploited it. Yet he carried a concealed recording device to record Crown Casino managers enticing him back - didn't sound like a man suffering from a gambling addiction to me at the time. It smelt like a bit of scam really to me, too rational. Now, I'm not so sure. I mean, the man bankrupted himself and lost tens of millions in casinos all over the world - that's pretty obvious evidence that he had the worst kind of gambling problem (uncontrollable addiction).
Anyway, for a judge to rule that Crown had a prima facie case to answer was pretty huge. I think Crown might have dodged a bullet with that one - it was a very complex case (as these cases tend to be), with lots of allegations, counter-allegations, denials and so on. From my experience with listening to Jupiters VIP 'enticement' staff laugh about what they'd be prepared to do to "snag a whale", and from some level of understanding of how this whole shebang works, I do not doubt Crown VIP really went out of their way to take advantage of him.
It's a complex issue, the whole where to draw the line on "personal responsibility" vs "taking advantage of someone with an addiction". For most of my life, even having seen the power of addiction firsthand, I was (for the most part) in the accept the consequences of your own mistakes camp. But if a casino can be proved to be really being unethical (as InterCasino behaved in this case), they should probably be sued or punished - and if I were to do it, maybe I pledge any compensation to charity to show that it was not about personal gain (and also because I believe I should be punished, even though clearly I was not thinking rationally at the time and possibly not even in control of my actions).
I wouldn't even know how to begin the process if I felt like doing it. I wouldn't bother if the case had to be heard in a Maltese court - but I have no idea if you can have it heard in a UK court? (I'm wondering if UK possible due to Malta being White Listed, although it seems like a tenuous link)
One thing I found interesting was the below:
"Lawyers for Harry Kakavas claimed that he was told by casino chiefs that Mr Packer would "kill us'' if he found out about incentives being gifted to the..."
Ah, that sounds familiar. That poor VIP girl who didn't want to give me my winnings but pulled lots of strings to get me no match deposit bonuses with wagering requirements after I'd wagered 6 mil turnover in a week - what a nice lady, that she would go to such effort for me!
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To be honest, I'm really just happy if a few more people realise InterCasino company policy is to behave in such an unethical manner. And don't play there as a result.
If there's a lawyer or someone that seriously thinks InterCasino can be punished for what they've done, I'll get involved and pledge all compensation to charity to both:
a) punish them as they deserve to be punished
b) perhaps make them think twice before they sell their souls to the devil for a bit more lucre.
I respect the play/s. But if I believed in a Hell, I am fairly certain the people responsible for those crafty and brilliant plays are going straight there when the curtain falls for them.