Illegal Betting Investigation Lawyer: Defence Process and Rights

Illegal Betting Investigation Lawyer

With the spread of online betting platforms, illegal betting investigations are no longer confined to persons who place bets. Various allegations, such as the use of a bank account, acting as an intermediary in money transfers, promoting betting platforms or enabling betting to be played through a system, may also be the subject of criminal investigations.

Particularly in investigations in which bank transactions, IP records, examinations of telephones, messaging and other digital data are included in the case file, it is of great importance that the person's actual role is correctly determined. At this point, an Istanbul illegal betting lawyer can assess on which allegation the investigation is based, what the evidence collected signifies and which legal steps may be taken.

The circumstances of each illegal betting case are different. For this reason, rather than reaching a general conclusion on the basis of a single bank transfer, account transaction or digital record alone, the incident must be examined as a whole.

In Which Circumstances May an Illegal Betting Investigation Be Initiated?

In Türkiye, acts connected with illegal betting are assessed in particular within the scope of Law No. 7258 on Betting and Games of Chance in Football and Other Sports. However, placing bets is not treated in law in the same way as operating betting, acting as an intermediary in the transfer of money or inciting persons to place bets.

An investigation against a person may arise on grounds such as:

·         The detection of suspicious money movements in a bank account,

·         An allegation that the account was used by other persons,

·         Money transfers connected with an illegal betting site,

·         The presence of data relating to betting activities on a telephone or computer,

·         An allegation that betting was advertised via social media or the internet,

·         A suspicion of having acted as an intermediary for other persons to place bets

or on similar grounds.

Law No. 7258 separately regulates acts such as operating betting without authorisation or providing the means for it, enabling betting systems located abroad to be played by providing access to them from Türkiye, acting as an intermediary in the transfer of money connected with betting, and inciting by way of advertising. For the person who places bets, on the other hand, a different administrative sanctions regime is provided for.

For this reason, in the assessment to be made by an Istanbul illegal betting offences lawyer , the first question is to determine with which act the person is actually associated.

How Does the Defence Process Proceed in a Betting Investigation?

At the foundation of an effective defence in illegal betting cases lies a detailed examination of the case file. In addition to the person's statement, bank records, digital materials and the person's connections with other persons may also affect the direction of the investigation.

Determining the Charge in the File and the Person's Role

At the first stage, it must be understood why the investigation was initiated and on account of which act the suspect appears in the file.

For example, the fact that transactions were carried out from a bank account registered in a person's name and the allegation that that person knowingly acted as an intermediary in illegal betting money traffic do not call for the same assessment. Details such as by whom the account was actually used, the nature of the transactions, the frequency of the money transfers and the relationship between the parties may become important.

For this reason, an Istanbul betting offences lawyer may contribute to the formulation of the defence strategy by focusing not merely on the name of the charge but on the concrete evidence on which the charge is based.

Detailed Examination of Bank Transactions

One of the most frequently encountered forms of evidence in betting investigations is bank account transactions. Receipt of money from a large number of persons, the transfer of money to different accounts within a short period, or transactions with accounts considered to be connected with betting activities may give rise to an inquiry.

However, the existence of account transactions does not, on its own, always show that the person has committed an offence. The purpose for which the money transfers were made, whether there is a relationship with the senders, and other data relating to the use of the account must be assessed together.

With the support of an Istanbul illegal betting penalty lawyer , when the defence is being prepared, it is therefore important that the financial records are examined in a chronological and explicable manner.

Why Is Digital Evidence Important in the Defence?

A significant proportion of illegal betting investigations is based on digital evidence. Telephones, computers, social media accounts, messaging applications, IP records and online payment systems may be assessed as evidence in the file.

However, as much as the presence of digital data on a device, it is also important how that data was obtained, with which person it was associated and whether its integrity was preserved.

Assessment of Telephone and Message Records

Where links to betting sites or certain messages are found on a telephone, they must be examined without being taken out of their context. Drawing a definitive conclusion from a single screenshot, without assessing by whom the message was sent, the conversation as a whole and its connection with the incident, may not be sound.

Coşkun GENÇ's areas of practice also include cybercrimes, digital evidence and the assessment of electronic evidence in criminal proceedings. For this reason, technology-based investigations may involve technical details that differ from those of conventional criminal cases.

At this stage, examining the physical and digital evidence in the file together with an Istanbul illegal betting lawyer may help the defence to be built in a more comprehensive manner.

What Should Be Considered Before Giving a Statement?

The statement given during the investigation phase may occupy an important place in the later stages of the file. For this reason, making hasty explanations before the incident is fully understood, or without knowing which allegations are contained in the file, may make the defence more difficult.

Before the statement, it is particularly useful to clarify the following matters:

1.      On account of which act is the investigation being conducted?

2.      With which bank or digital account is the suspect associated?

3.      Which money transfers are contained in the file?

4.      Has an examination of the telephone or computer been carried out?

5.      Is the person's name mentioned in the statements of other suspects?

6.      Are there documents or records that could explain the person's connection with the incident?

An Istanbul illegal betting offences lawyer, by assessing the available information before the statement process, can help the person to exercise the right of defence in a more informed manner.

What Can Be Done in the Event of an Account Freeze or Seizure of Assets?

In betting investigations, protective measures concerning bank accounts and other asset values may in certain cases arise. Particularly in files in which digital transactions and online money movements are examined, it may be important for the technical and legal process to be assessed together by a cybercrime lawyer . Under the paragraph added in 2017 to Article 5 of Law No. 7258, the measures of seizure of assets, including bank accounts, under Article 128 of the Code of Criminal Procedure (CCP, Law No. 5271), monitoring of communications under Article 135, undercover investigator under Article 139 and surveillance by technical means under Article 140 may be applied for the offences in sub-paragraphs (a)–(ç). In such a case, the decision on which the measure is based, its scope and the possibilities of objection must be assessed on the basis of the specific file.

In the file review to be conducted with an Istanbul illegal betting penalty lawyer , not only the possible criminal sanctions but also the protective measures applied during the investigation must be assessed.

Are Placing Illegal Bets and Operating Illegal Betting the Same Thing?

No. This distinction is one of the most important legal issues in illegal betting cases.

Under Law No. 7258, the legal consequence provided for a person who merely places bets is not the same as the consequences provided for a person who operates betting, enables it to be played, acts as an intermediary in the transfer of money connected with betting or incites persons to place bets by way of advertising.

For example, operating betting without authorisation and providing the means for it, as well as acting as an intermediary in the transfer of money, are among the acts for which the Law provides imprisonment and a judicial fine. Merely placing bets, on the other hand, is regulated differently.

Accordingly, the correct determination by an Istanbul betting offences lawyer of the person's position in the file is one of the most important stages of the defence.

Why Is Early Legal Support Important in a Betting Investigation?

Many people think that the support of a lawyer is necessary only after a criminal case has been brought. However, in criminal cases the initial stages of the investigation are also extremely important.

Where a person is summoned to give a statement, a freeze is applied to a bank account, a telephone or computer is seized, or a prosecutorial investigation becomes known, an early examination of the file may enable the existing evidence and the legal options to be assessed more soundly.

Particularly in files involving digital evidence and financial transactions, the technical and legal dimensions of the incident must be addressed together.

Conclusion

There is no standard method of defence in illegal betting investigations. Examining a person on the allegation that he or she merely placed bets may require entirely different legal assessments from the allegation that the person was involved in a betting organisation, allowed his or her account to be used in money transfers or provided technical support to a betting system.

For this reason, it is important that the bank records, digital data, statements and other evidence in the investigation file are assessed together.

If an illegal betting investigation is being conducted against you, if you have been summoned to give a statement or if a measure has been applied in respect of your bank account, you can have the legal position of your file assessed with the support of an Istanbul illegal betting lawyer . By contacting Coşkun GENÇ, you can obtain information on the legal process and the defence options relating to your specific case.

Informative content on criminal law and illegal betting cases is available via LinkedIn .

Frequently Asked Questions

1. In an illegal betting investigation, does the use of my bank account on its own mean that I am guilty?

No. A connection with a bank account may be an important piece of data in the investigation, but the person's legal liability is assessed in the light of the specific case as a whole. Elements such as who used the account, the purpose of the transactions, the nature of the money movements and the person's knowledge may be examined.

2. Can my telephone be seized in an illegal betting investigation?

Depending on the nature of the investigation and the fulfilment of the necessary legal conditions, a forensic examination of a telephone, computer or other digital materials may arise. The lawfulness of the data obtained and its connection with the incident must also be assessed separately.

3. Is the penalty for a person who places bets the same as for a person who operates betting?

No. Law No. 7258 provides for different legal consequences for different acts. Acts such as operating betting, enabling it to be played, acting as an intermediary in the transfer of money and inciting by way of advertising are not assessed within the same scope as merely placing bets.

4. Should I consult a lawyer when I am summoned to give a statement?

The statement is one of the important stages of a criminal investigation. Particularly in complex files involving bank transactions, digital records or connections with third parties, it may be useful to assess the legal framework of the file with an Istanbul illegal betting lawyer before giving the statement.

5. How is the defence prepared in illegal betting cases?

The defence should be prepared by assessing together the person's relationship with the imputed act, bank account transactions, digital records, witness or suspect statements and other evidence. Since the circumstances of each file are different, an examination specific to the particular case is required.