TER 11 DE DEZEMBRO DE 2018 - 10:35hs.

The fallacy that gaming will encourage money laundering

André Gustavo Sales Damiani, founding partner of Damiani - Law Firm, and João Paulo Garcia Caetano Mazzieiro, associate of the office and specialized in Criminal Investigation, write an exclusive column for GMB. 'With high taxation, enforcement and strict control, it is clear that the usual criminals will seek less risky and costly ways to launder money,' they say.

Gambling has been banned in the country since the 1940s on the pretext of violating morality and good manners. Such motivation, however, is quite outdated and does not conform to the contemporary society that has long tolerated and practiced them, even on the margins of the law.

In this perspective, the legalization of gaming has been increasingly desired and, after all, the benefits are numerous: creation of new jobs, significant tax collection and movement of the economy. Thus, in view of this new reality, the so-called Regulatory Framework of Gaming in Brazil was approved in the Chamber of Deputies. The project, still under discussion, seeks to regulate activities such as casinos, jogo do bicho, slot machines, bingo and online betting.

In parallel, anti-legalization stances relate to gambling the occurrence of illicit, especially money laundering. This is because, illegal practices of draws and betting are seen as fertile fields for money laundering.

Thus, in view of this problem, the mentioned project stipulates several mechanisms to repress infractions, foreseeing rigid procedures for accreditation, inspection and control, which must be observed by gaming operators.

In that sense, and according to the proposal, the Union should create a regulatory agency to monitor these practices throughout the national territory. Indeed, gaming houses should be connected online to this federal body, uninterruptedly, for maximum control of the flow of bets. Thus, in the event of a shutdown of information, they may be subject to criminal and / or administrative sanctions, such as warning, fines or cancellation of authorization to operate such activities.

Furthermore, in addition to the equipment and gaming machines being connected to the government's electronic tax system, establishments must identify and communicate to the regulatory agency anyone who earns more than 10 (ten) thousand reais (USD 3,100) in bets, thus inhibiting the practice of illicit and exposing themselves who dare to perpetrate them.

In addition, according to the project, the amount of 30% (thirty percent) will be retained, as a tax, when prizes are paid to the bettor. It is to say: with this high taxation, enforcement and rigid control, it is clear that habitual criminals will seek less risky and costly ways to launder money.

André Gustavo Sales Damiani / João Paulo Garcia Caetano Mazzieiro


André Gustavo Sales Damiani. Founding partner of the office obtained legal training at the Faculty of Law of PUC / SP and, from a very early age, he advocated in notorious banks established in the city of São Paulo. With twenty-one years in his area of expertise, he collects experience and expertise for the conduct of high complexity subjects.

João Paulo Garcia Caetano Mazzieiro. Associate of the office. Lawyer specializing in Criminal Investigation and Insertion of Criminal Action by Fundação Getúlio Vargas (FGV) - 2016. Graduated in Legal and Social Sciences from the Faculty of Law of Franca (FDF) - 2012. Associate of the Brazilian Institute of Criminal Sciences (IBCCRIM), Institute of Defense of the Right of Defense (IDDD), Association of Lawyers of the State of São Paulo (AASP) and Associate to the Brazilian Bar Association (OAB).