Polla Chilena Files Criminal Complaint Against Online Gambling Platforms

Polla Chilena de Beneficencia has submitted a criminal complaint against online gambling operators that are active in Chile for their exploitation of casinos or lotteries without authorization, money laundering, and criminal association. The state lotteries agency says several operators have been trying to enter Chile’s lottery market without the legal authorization provided in the country’s current system.

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The complaint states that there is “an organized group of individuals and legal entities has exploited and continues to permanently exploit the Chilean lottery or casino market through digital platforms operating in Chile without legal authorization, that is, illegally.” Polla Chilena states that the supposed activity has led to a significant inflow of money from bets from within the country.

Platforms Accused of Targeting the Chilean Market

The platforms mentioned in the complaint are Coolbet, Betsson, Betano, LatamWin, Jugabet, Estelar Bet and Juega en Línea. Polla Chilena states that these companies made websites that are internationally accessible available to Chilean users.

The state-owned lottery claims that the platforms changed their business model to meet local demand, allowing Chilean users to register, using deposit and withdrawal options offered in Chile and offering marketing campaigns geared towards the local market. The complaint alleges that bettors have been won “by means of advertising, promotions and sponsorships with actors that are associated with Chilean sports.”

Polla Chilena also claims that the operators relied on the use of companies set up under various jurisdictions, technology platforms, payment-processing systems, sponsorship and advertising contracts to entice users, accept wagers, issue winnings and transfer funds from the platform to which the transactions were made.

APAL Challenges the Legal Basis of the Complaint

The complaint has received a response from Carlos Baeza, president of the Chilean Association of Online Betting Platforms (APAL). Baeza defended the new case in the Chilean newspaper La Tercera, saying it is basically the same as an allegation made by Polla Chilena against the betting operators in February 2023.

The initial investigation had over 2,000 pages of documents and required more than 40 investigative actions before the Public Prosecutor’s Office opted against pursuing the case, Baeza said. This is the reason why he said the decision not to pursue a proceeding could not be because of a failure to find an accused or because the participants had not been identified, but it is clear that the reason for that decision here is that the facts reported to the police do not point towards a crime.

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Baeza’s opinions echo the wider legal wrangling over online betting in Chile, where gambling operators, regulators and public institutions still clash over the legality of offshore platforms, and Congress is currently debating a law for their licensing and regulation.

Polla Chilena Requests Financial and Regulatory Investigations

In its complaint, Polla Chilena has asked investigators to look into the individuals who allegedly organized, administered, sponsored or financed the activities of illegal online casinos and online lotteries targeting Chilean users.

The state-owned lottery asked the Investigations Police’s Economic Crimes Brigade (BRIDEC) to investigate and collect evidence. It also requested the commercial, accounting and contractual documents of the companies seized and/or voluntarily submitted, such as board minutes, powers of attorney and crime-prevention models.

Polla Chilena also asked for banking secrecy to be lifted to follow up on money that is said to be generated in the betting. The complaint requests information from a number of public entities, such as the Financial Market Commission (CMF), Financial Analysis Unit (UAF), Internal Revenue Service (SII) and Undersecretariat of Telecommunications, about the companies, regarding information on the economy, regulations and sanctions.

The case also contributes to the debate that has been taking place in Chile on online gambling, a decision that authorities are making on how to regulate online gambling platforms that are not yet part of a specific licensing system.

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Source: SBC Noticias