Gambling activities – between law and punishment interview with Mr.Cladudiu Enache, second police commissioner in charge in I.G.P.R – Fraud Investigation Department

Monday, 19 March 2012

Gambling activities have a necessary premiss for their development and credibility: law conformity. The Fraud Investigation Departemnt of Romanian Police General Inspectorate, under the Ministry of Interior, deals with prevention, detection and punishment of those who cross the bounderis of the legal framework. The Casino Inside magazine talked about these things and about legal obligations with Mr. Claudiu Enache, second police commissioner in charge of this  institution.

What are the responsibilities of Romanian Police when investigating gambling fraunds?

The normative framework that legalizes the gambling activity in Romania is given by the Emergency Ordinance no.77 and the Government Decision no. 870, both from 2009. These documents have suffered modifications of the initial variants in 2010 and in 2011 as well. According to these legal provisions, Romanian Police, by its fraud investigation structure, has responsibilities in the licensing and authorizations activities of the gambling organizers, approval of the casino-working personnel and of the legal representatives of the gambling organizes society, and in the condition fulfillment of the gambling authorization and organization.

With a view to the first activity, the licensing and authorization one, and I must mention that the Ministry of Administration and Interior has a reprezentative (chosen by minister order) in the gambling authorization commission whose activity is controlled by the Order no. 2405/2009  of the Minister of Public Finance and Administration and Interior. According to these orders, the Commission has, as President, a state secretary form the Ministry of Public Finance and as Vicepresident, the Director of General Managament Directorate of the domains specifically controlled of this Ministry and it’s made up of five members (one of the Ministry of Public Finance –Judicial General Directorate, two of the National Agency for Fiscal Administration, and one of the each other institutions: Ministry of Administration and Interior and National Office for Preventiona and Control of Money Laundering). Outside the Commission gatherings, the activity is developed by the Special Directorate of the Ministry of Public Finance, that analyzes the files and makes propositions to the Commission.

The second activity in which the fraud investigation police is involved, as representative of the General Inspectorate of Romanian Police, is the approval one. It’s necessary for the legal representatives of all the stock companies for the gambling organization licence, so that every company  that applies for this kind of licence it is necessary for its reprezentatives to have the approval from the police organs.

What conditions must be complied with to get the approval?

Approval conditions are not stipulated in the normative acts. Licence approval involves presenting a criminal record, but this has no relation to the notice. If the criminal record mentions facts that don’t allow such an activity to take place, these will be analysed together with the file submitted for the licence approval. By internal normal of the Romanian Police there was established an approval methodology by which organizers can look for information on the police site, that is www.politiaromana.ro. Mainly, to get the approval, they need an approval request, signed by legal representative of the society, a nominal table with all the legal reprezentatives, a copies of the articles of incorporation, identity card and criminal record. Moreover, the legislator decided in the normative acts that the executional personnel approval it’s also necessary, probably taking into account that here the personnel it’s much more involved in the organization of the games. It should be mentioned that, to obtain such approvals, there’s no fee involved.

What are the most important attributions in dealing with gambling organizers’ verification and authority?

In the licesing or authorizations stage there are checks made by the authorization commissions of the space for casinos and bingo halls. I’m talking about the commission that authorizes the room and the equipment. There is a classification by which the space is analysed and a minutes is written, document used in the authorization and licensing file.

The control activity of the way of complying with the local regim for he activities in this field takes place according to the provisions in art.28 of GEO 77/2009 and art.10 and art.77 of GD 870/2009. In these articles are presented the authorities with control rights: Ministry of Public Finance – Special Directorate, NAFA subordinate units with control rights – Financial Guard and Ministry of Administration and Interior by General Inspectorate of Romanian Police – Fraud Investigation Directorate and Fraud Investigation System at country level.

Under what conditions is the verification made by the Fraud Investogation Directorate?

According to the provisions of the normative acts, slot rooms are no longer unde commission observations, so they can operate with irregularities for long periods of time. Verification is done on a intimation send by someone else – person or institution. It can be specific or general, and the Directorae have the obligation to verify it.

What fraudulent actions have you coped with?

We also investigate the frauds that involve gambling itself. A fraud includes one of the crimes reffered to in this normative acts. The main fraud is the organization of gambling without autorization and licence. Such a crime is found only by an organ of criminal investigation and the police do research unde the supervision of a court organ.

We focur our activity on finding these causes: organization withiou licence or gambling authorization. Facts of minimum social risk are punished in contravention, by fines, but the fraudulent organization is punished in court, with liberty deprivation or judicial fine.

How are those performing activities on the black market punished?

Of course that for an organizer it’s not easy to play 8000 Ron for each car’s authorization and have five in a room. Adding to this there’s the share for each machine of the licence. Such a cost lead to a tentation of not playing the tax.

We have to fight against this kind of crime and our goal is, as we have shown, identifying those cases. When such a case is brought to our attention, we check it. Each year we led actions focusing on determined periods of time: one or two months. During these actions, those who worked on the black market had only crime records that were brought to court.

How many actions such as these are discovered annually?

I have to say that in 11 months of 2011 there were discovered 88 national crimes and 75 persons were investigated. These involved having no licence, alteration or replacement by any means of the game outcome such as using machinery used for selection methods alteration that modified the outcome of the game.

There were cases in which complices on such actions were the employees of the rooms. I’ve encountered cases like this in Sibiu, Hundeoara and Alba. An interesting case regarding game counterfeit with devices on which were store games happened in Bacau.

Romanian Police, by Fraud Investigation Directorate, constinues to supervise the activities in the gambling insutries and to impose sanctions according to the law. A responsible activity involves compliance with the legislation that controls it. Otherwise, this will be brought to inspectors’ attention because monitoring is the most important action of those responsible with the gambling world.

Author: Editor

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