UKGC: No Data on Third-Party Account Prosecutions

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A Freedom of Information (FOI) request has revealed that the UK Gambling Commission (UKGC) holds no recorded information regarding police prosecuting gamblers for using third-party accounts.

The response, dated 24 April 2023, leaves a significant information gap on an issue of growing concern for some gamblers: whether using an account in someone else's name, even with permission, could be treated as criminal fraud.

The Request for Clarity

The FOI request posed a series of direct questions to the regulator, seeking to understand the legal landscape surrounding third-party account usage. This practice, where a person gambles using an account registered to someone else, is a clear breach of all licensed operators' terms and conditions.

The requester asked if the Commission was aware of police forces:

• Confiscating winnings and prosecuting individuals for using third-party online gambling accounts.
• Treating the use of third-party accounts as 'fraud by false representation'.
• Successfully obtaining a prosecution or Account Forfeiture Order against a professional gambler on this basis.

Additionally, the request asked if the UKGC would investigate operators who may be using third-party bets to balance their own books.

The Commission's Response: 'Information Not Held'

The UKGC responded that it could not provide the requested information, classifying the query as not being a request for specific recorded data. The regulator stated: "The FOIA gives individuals the right to request only recorded information held by public authorities... It does not provide an avenue for individuals to gain views or opinions of public authorities."

By stating that the information is "not held," the Commission is effectively saying it does not have documented records that directly answer the questions posed. While the UKGC noted it would offer support to law enforcement on a case-by-case basis, it confirmed it could not comment on specific investigatory work.

What This Means for Consumers

The Commission's response does not confirm or deny whether such police actions are taking place. Instead, it reveals that the regulator either does not track this specific type of enforcement activity or did not have any recorded information on it at the time of the request.

For consumers, this lack of official information creates uncertainty. The questions raised in the FOI request highlight a potential, albeit unconfirmed, risk that using another person's account could lead to consequences far more severe than just account closure.

Using a third-party account is strictly forbidden by gambling operators for several reasons, including anti-money laundering (AML) and responsible gambling requirements. This FOI response underscores the importance of adhering to these terms. Without clear guidance from the regulator, the safest course of action for all gamblers is to use only accounts registered in their own name.