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Other topics related to... : Indication because of §285 StGB (Page 16)

Topic created on 02nd Apr. 2019 | Page: 16 of 26 | Answers: 253 | Views: 76,952
Daniel
Elite
@Dagmarlena I can unfortunately confirm this case - unless we have fallen for a very good fake.

But I can understand your doubts. I also had my doubts in the beginning. Either it is a well-made fake or in the city or village where the TE comes from all the authorities are somewhat incompetent. Especially after the defeat what the Munich court had to suffer at the last conviction attempt, it surprises me very much that a prosecutor opens again such, to bordering on certainty probability, failing procedure.

But nothing really surprises me anymore in the Greater German GDR 2.0.

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Marqes
Expert
Dagmarlena wrote on 04-05-2019 01:20 AM

But you will never experience that a bank contacts you via email or by phone and discusses this with you in this way.
This would make the bank liable to prosecution.
If it is a small town and a small branch where everyone knows everyone, it may be that you get a call but only with the request - personally in this Vorsprech because of clarification of conspicuous account activities!
Neither facts, nor facts, nor more precise reasons are named postal, via email, nor on the phone!
On the spot then everything is clarified

and now explain nevertheless times, which is then, if the bank has no branch because it is a pure on-line bank?

Edit :
Or even online banks have at least one branch in every city?
What if you live very far away from this?
drive 1x through Germany?

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sonne10
Top Member
Daniel wrote on 05.04.2019 at 00:22: @unrealmaster please contact by mail or phone the lawyers Hambach and Hambach or if they are possibly overloaded to the alternative lawyers, which I have posted here.

Please do not wait, but act immediately. This way you increase the chance that the proceedings will be stopped in advance. Which is in the long run cheaper and easier on your nerves.

As I already told you, we agree to pay the costs for the initial consultation and then we will see what happens. I am sure that we will find a solution in any case. You are welcome to pass on our imprint or contact details to the law firm so that they can get in touch with us.

You are really not alone. GambleJoe - and I am sure - the whole community are behind you. And there are a few others in the background in this industry who are doing the same.

I've been with you for a long time in the forum 🐼and find it just great how the Gamble Joe team especially the Daniel does for all of us 👍👍also sacrifice his free time does for us.
I also note many users here, is not even aware 🙄that I find a pity.

Keep up the good work, also in the future 👍👍👍😁

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Anonym
Dagmarlena wrote on 05.04.2019 at 01:20 Clock
ATTENTION NOW COMES A ROMAN 😅😂😂 for typos wg tablet keyboard also a sorry but I hau das now so out- überles the just!

Hej,
please do not take it personally - I do not want to accuse you of anything -
blindly drauflos HETZEN just because I can not imagine it, is not my thing, then I prefer to say garnix u think my part!!!

I make here only one unprejudiced expression - on the basis me here, from you, made available facts - from your description of the circumstances, how it should have come according to your statement to a preliminary investigation against you. ("should be" because no proof but only your statement is available)
That this possibility exists under certain circumstances, I do not question - the proceedings are public and the judgments are accordingly accessible to everyone and can be read.
A few years ago we had a case in the circle of acquaintances, in which out of the blue such a case came in by mail, but this was a copyright case and in this case there is no public interest and therefore it is despite a criminal case a report offense. which means that the public prosecutor's office does not initiate investigations on its own account - it must first be the injured party a CRIMINAL CASE at the prosecutor's office of the competent CIVIL COURT
As a rule, a written demand is made by the injured party's lawyers, naming the alleged violations, etc. etc. etc.
But this is a different matter, I only mentioned it because it is an Internet activity.
ALSOOO
What immediately struck me in your description and made me wonder is the procedure of your bank
The account movements over an amount of 2000€ in a booking process since the banking secrecy was legally lifted - are reportable to the tax office is known and everyone was informed about it by his bank. But that does not mean that you get there big what of, is presumably automated.
Likewise, it is quite possible if at once high sums that obviously fall out of the frame, in and out or excessive activities are suddenly determined, that your case worker of your bank regarding this reports to you.
However, you will never experience that a bank contacts you via email or telephone and discusses this with you in this way.
This would make the bank liable to prosecution.
If it is a small town and a small branch where everyone knows everyone, it may be that you receive a call but only with the request - personally in this to talk to clarify conspicuous account activities!
Neither facts, nor facts, nor more precise reasons are named postal, via email, nor on the phone!
On site, everything is then clarified and to receive a win from an online casino is not a crime.
It is also not forbidden to transfer the win from your e-wallet to your bank account.
One-time high cash receipts, provided that the bank account holder has a regular job and therefore regular salary receipts, will remain unmentioned in most cases.
It could be money from the private sale of the car or you buy and sell something privately. Commercial trade without business is prohibited but private is allowed, what you do with your stuff is your thing!
The bank is not really concerned with where you get your money from or what you spend it on. Unless there are frequent conspicuous movements that exceed the normal scope of a private person, the origin is questionable and the intended use does not explain this - or suddenly from online sites many debits are made or withdrawn from the machine and the balance, the Verfügungsrahmen are exhausted,
also to protect the account holder from criminal acts that occur without his knowledge - the bank will contact one.
The online casino ban applies to operators. In Germany, licenses are only issued in certain states and the license casinos may only grant access to players who are resident and registered in these states.
This has less to do with the money laundering law but with the tax law.
The legislation is not federal, but rather a matter for the states.
Winnings from casinos, lotteries, Scratch cards, and lotteries from TV programs are paid out to the winner untaxed and remain untaxed for a period of one year.
If the win is not spent after one year and is still in the bank account, the (lottery) millions are taxed.
The providers of gambling halls, casinos, lotteries, etc. will be asked to pay high taxes.
There the Glückspelbehörde is very exact and the commission ensures that these no mischief in their favor and to the disadvantage of the players anstellen. hence the defaults to the distribution of profits etc
As always, in legislation, the devil is in the details.
Betting, for example, is not prohibited online
and both the Provider income and the players or their transacted bet amount and the profits from it, are taxed and this is to be deducted to certain % before the payment of a win.
AND HERE WE COME TO THE POINT THAT MAKES ONLINE GAMBLING POSSIBLE - GAMES THAT RUN UNDER LICENSES OF PERMITTED COUNTRIES ARE ACCESSIBLE TO US BECAUSE
THESE ARE NOT SETTLED AS CASINO WINNINGS BUT UNDER BETTING
LEGAL CASINOS RUN WITH LEGALLY ISSUED LICENSES FROM COUNTRIES THAT ARE FISCALLY COMPLIANT AND ABIDE BY OUR LEGISLATION. Therefore, some games in an online casino are not available to german players and any wins from them, e.g. under vpn, are illegal.

The operators will always make sure that they do not make themselves liable to prosecution and therefore the stated paragraph is not applicable!
That to this point!

Then your word choice, which you use around the further details to tell, lets me somewhat doubt whether you really ever such a letter in your hands held.
Someone investigating the prosecution - receives
1. a Summons for a Complaints Hearing
and then it is not called a complaint but a
CRIMINAL CHARGE IS FILED WITH THE STATE PROSECUTOR'S OFFICE.
Believe me who is confronted with these accusations will have internalized these words.

Likewise, you will never have held any of this in your hand and experience the CRIMINAL POLICE standing in front of your door with a search warrant
I found that almost amusing -
because if you know what you can expect then you can make relevant evidence disappear.
Therefore, a house search is ALWAYS done BEFORE A WRITTEN SUSPENSION FOR A PENALTY!!!!
Subsequently, the summons only makes sense once the evidence has been seized.
There you also get a colorful paper, which is one of the punches on which the seized evidence is noted and which you then after the PROCEDURE so AFTER THE TRIAL IS COMPLETED AND A JUDGMENT PROCEEDED back!!!!
Unless the prosecutor's office has officially discontinued the investigation against you, which you will then also learn by mail and then get your property back at the police station!

A lawyer is searched in a criminal case, with an accusation of this magnitude - immediately on!
IMMEDIATELY AFTER THE HOUSE SEARCH AND BEFORE THE SUBPOENA. EVERYONE WHO HAS HAD THE CRIMINAL POLICE AT HOME IN REAL LIFE AND HAS BEEN LECTURED THERE FOR THE FIRST TIME, GOES TO THE LAWYER.
IN THE SUMMONS YOU WILL FIND OUT THE EXACT CHARGE, ON THE BASIS OF WHICH EVIDENCE, TESTIMONY, ETC
MONEY LAUNDERING is not accused on the basis of a single incident, they are very precise and first watch for quite a while before they decide to become active.
As a rule, criminal acts that have been repeatedly committed knowingly - also actively, in this Umpfang you have described pursued
Everything else, such as using VPN to get a win or using false data to hide the money from the authorities, receiving social benefits, etc., will be prosecuted if caught in a criminal case
If you were caught in a fine procedure, negotiated without your presence and served with a fine by decision

The only thing I read as credible is that your VR Bank has terminated the account, which can have many reasons
(Misuse, overdraft without compensation, garnishment, etc.) VR Bank belongs to the Raiffeisen Group and is a private bank (shareholder) and one becomes as a bank account holder automatically with an amount due at closing, a shareholder.
They are not obligated to provide anyone with a bank account and can terminate your account for a certain reason if you are a customer there
In contrast to, for example, savings bank because they are obliged to anyone who does not have an account,
(no matter how it stands financially, whether the homeless or whatever)
to set up a bank account on P-basis without Dispo!

So and now my essay is in novel form to end😂😅 Sorry, for the length but I thought I wear here times a few facts together as an argument - I let me also like to teach me better.
But that the content of your statement does not go so completely CONFORM, is to be understood on the basis of the points, or not?









He had already uploaded a pixelated photo of the investigation letter....

Furthermore, it's the bank's business, if suddenly 4x 5000 euros come to the account. They are obligated to inquire where the money comes from (whether they always do so is a moot point). And if they ask for the source of the money and you simply say "won on the Internet", they will of course listen carefully. In the end, the bank has even done everything right, because they have to report suspected money laundering.

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tsrvtech
Amateur
I do since almost 1 year everything only via Revolut .... (VISA)

Have cashed out well over 20K in that time, without any proof of where the money came from

I have heard that some accounts require proof ... was never the case with me

Never had any problems there... That's worth the 2% fee to me

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Daniel
Elite
@deinVater @sonne10 thank you for the praise but it is natural that we act so. Even if the TE would be unsympathetic to us or a Hater, we would support this.



  1. Lives also this portal from the existence of this industry. Of course, we have an interest in the fact that there are still good online casinos. However, we would miss the black sheep less.

  2. Online gambling can no longer be banned anyway, but only regulated sensibly. Keyword central blocking file, Verification before deposit. There is no need for much more regulation. Regulation should be protective but not patronizing, otherwise it will also go wrong.

  3. It is damn unfair if players are punished because they use the wrong offer. Hello, how absurd is that? I don't like it when a state patronizes me and orders me to use only his when there are two identical offers. I mean why? As a German, I work 70 - 80 percent for the state (if you add all the hidden taxes and duties). Why am I also forced in my free time to give part of the remaining 20-30 percent to this bottomless pit?



Whoever thinks the latter is reasonable is either a masochist or a slave owner

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Kleinkariert
Expert
Daniel wrote on 05.04.2019 at 08:57: @deinVater @sonne10 thanks for the praise but it is natural that we act this way. Even if the TE was unsympathetic to us or a hater, we would support it.



  1. Lives also this portal from the existence of this industry. Of course, we have an interest in the fact that there are still good online casinos. However, we would miss the black sheep less.

  2. Online gambling can no longer be banned anyway, but only regulated sensibly. Keyword central blocking file, Verification before deposit. There is no need for much more regulation. Regulation should be protective but not patronizing, otherwise it will also go wrong.

  3. It is damn unfair if players are punished because they use the wrong offer. Hello, how absurd is that? I don't like it when a state patronizes me and orders me to use only his when there are two identical offers. I mean why? As a German, I work 70 - 80 percent for the state (if you add all the hidden taxes and duties). Why am I also forced in my free time to give part of the remaining 20-30 percent to this bottomless pit?



Whoever thinks the latter is reasonable is either a masochist or a slave owner

So bottom without barrel would also fit online. And continue good OCs I would not say. The licenses hardly protect the players, everyone can gamble away his existence without being throttled. Everyone knows that central locks and limits should be the minimum.

Of course online casino can still be banned, you know what kind of politicians we have and what kind of ignorant people can be blinded. At some point, every computer will have a device that records activity and as soon as it is not wanted, it will be reported.

You can laugh but what allea is waved through with us...

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Caro
Expert
Marqes wrote on 04/05/2019 00:50 PM
I think most would if they heard

Bank abroad

think of tax fraud.

I think most people think of "tax evasion/fraud" as soon as they hear the word "bank abroad", I agree. But it is hard to hide something nowadays thanks to the CRS (Common Reporting Standards), which was developed a good 4/5 years ago. With the CRS all information like name, address, tax ID, tax residence can be exchanged between the participating countries. This list of countries is long...Mainly authorities and banks exchange information with each other...so there is very little to hide nowadays, in my opinion. This CRS form must of course be filled out and signed by you with your personal data. What happens if you do not do this? Your account will be closed...I can only confirm this from experience

I myself have always had several accounts, including accounts abroad. As long as you open the account in your name and (IMPORTANT) with your current residence, you do not have to worry. You make deposits, or let casino winnings run over it? No problem. The only thing that may happen is that the bank may block your account if you have a "high risk" account. However, banks treat the word "risk" very differently. Some banks don't handle large amounts, others don't like bitcoins, etc... but it's all a matter of coulda, woulda etc...

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Daniel
Elite
Can you stop panicking and writing to everyone who has won more than 100 euros. My private mailbox is full

The fact is: this is the second time something like this has happened to millions of players in 20 years of online casino gaming. And it is almost certain that the person involved will be acquitted in the end.

In the case of Robin, who won 160,000 euros at the Platin Casino, nothing has happened to this day. And there are dozens of examples of players here in the forum alone, where players have cleared a good 5-digit and live in peace and freedom.

The probability of something like this happening is about as high as getting 5 explorers twice during the free spins on Book of Dead. Maybe even less likely a la 6 numbers + extra number in the lottery.

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Latino
Experienced
@roro28
Since the topic just goes in another direction I made the answer collapsible to not interrupt the topic flow

@Ichbins2018

Since you have mistaken and probably meant me, but no problem. Habs also just seen....

It is obvious that we have different views.

That's not a bad thing, where would the world be if all were always the same view
I could also be your view, you just have to get it right ! But are you so flexible that you could also be my view ?

Only because the article of Prof. Liesching contains extensive sources, you qualify this as "mass instead of class"?
And Prof. Liesching is a legitimate source, among other things he is co-editor of numerous recognized legal commentaries

I actually meant your linked article(post 03.04.2019, at 17:34) and not the one from Liesching

as the Hessian Administrative Court has shown in detail in the 2017 decision that you (for whatever reason ) left uncommented and that I quoted earlier.

In the judgment linked by you (8 B 2744/16 of 29.05.2017) it is about the appeal against the decision of the VG Wiesbaden v. 9.11.2016 - 5 L 1609/16.WI (No obligation for sports betting organizers to participate in the toleration procedure in Hesse )
This administrative act has mMn too wnig to do with the topic discussed here, why should I comment it then ? In addition, it is about sports betting and the topic is still somewhat differently stored ...

I mean among other things with sources with "mass instead of class" ...

To Mr. Solmecke

If I needed legal advice and had only you and Solmecke to choose from, I would probably not take you because I have no idea about your qualifications.
It is the same from my point of view with your contributions. You could now say that it is the same with me, but I do not claim to understand more of the legal system than a lawyer.

@Dagmarlena
You will never experience that a bank contacts you via email or telephone and discusses this with you in this way.

So I do almost everything by phone, in the last 15 years I was maybe 3 times in the branch
What the bank is not allowed to do is to answer questions about your account without sufficient legitimation. Whether a legitimation was necessary for this call, I can not assess.
But you have a normal business relationship with the bank and may of course call you.

It's none of the bank's business where you get your money from or what you spend it on.

Unfortunately it is, because you are subject (in case of suspicion) to the reporting obligation of banks according to § 41 BWG

Therefore, a house search ALWAYS takes place BEFORE A WRITTEN Summons TO THE Debt!!!

I think here you misunderstood the thread starter. For me it reads in such a way that first the house search took place (i.d.R. early in the morning) and he got afterwards the "post office". He has also received only the decision to search the house.

Honestly - everyone who is confronted with this situation for the first time does not know how it happens to him. Therefore, one should not put every word on the gold scale.

@Daniel and the GamleJoe team
@yourfather @sonne10 thanks for the praise but it goes without saying that this is how we act.

No it's not and this assistance is worth its weight in gold for the person concerned.
If one faces only once helplessly so a situation then one is grateful for each assistance and assistance is nowadays no matter of course.
Also from me great appreciation for this gesture!

Can you stop panic to push

I also see it that way. Panic is only appropriate when we have appropriate legal certainty.

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