Dear Attorney,
I have encountered a situation where I believe I have been scammed by an online casino. I made a deposit, played, and when I tried to withdraw my winnings, the platform refused to release the funds. I now suspect this is fraudulent. Could you advise me on what legal steps I can take to recover my money and how to proceed against this online entity?
Sincerely,
A Concerned Player
Insights
In the Philippines, the legal concept applicable to cases involving online casino scams is fraud, as outlined under the Revised Penal Code. The act of scamming through false pretenses, such as creating or running an online casino with the intent of deceiving players into making deposits without the ability to recover funds or winnings, may be classified as Estafa under Article 315 of the Revised Penal Code. This involves defrauding another person through deceitful means or misrepresentation.
To establish fraud, there must be a deliberate misrepresentation or deceit by the perpetrator that caused the victim to part with their money or property. In the case of an online casino scam, the fraudulent platform typically misleads the player into believing that they can gamble, win, and withdraw their money, when in reality, the platform has no intention of returning the funds.
Victims of online scams can file a criminal complaint with the appropriate authorities, such as the National Bureau of Investigation (NBI) or the Philippine National Police-Anti-Cybercrime Group (PNP-ACG). Additionally, the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) offers remedies for online scams, including online casino fraud. This law criminalizes online fraud and provides for penalties for those who commit cybercrimes.
Moreover, victims can pursue civil action to recover their lost money under the rules of civil law. While the exact process depends on the amount involved, small claims courts offer a venue for resolving disputes over modest amounts. In more significant cases, formal litigation may be pursued, and the court may order the scam operator to return the defrauded funds.
To prevent online scams, individuals should exercise caution when engaging with unregulated platforms. In the Philippines, online gambling is regulated by the Philippine Amusement and Gaming Corporation (PAGCOR). Players should verify whether the platform they are using is authorized by PAGCOR, as dealing with unlicensed operators significantly increases the risk of fraud.
Legal recourse is available for victims of online casino scams in the Philippines, but it requires swift action, evidence collection, and possibly the guidance of a lawyer to ensure proper filing of criminal and civil complaints.