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Kingsley Napley - Philip Salvesen. More from Criminal Law Blog. Do your employees have an up-to-date knowledge of the AML regime within which they operate and understand their own personal duties, including the reporting of suspicions? Richardson President Association of Corporate Counsel.{/INSERTKEYS}{/PARAGRAPH} If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries lexology. Mr Green failed to put in place and implement measures described in the Money Laundering Regulations and the Money Laundering Regulations , contrary to licence condition This was because, between the relevant period, Mr Green did not have adequate AML controls to consistently address the risks presented by higher risk customers. What training do they receive and how regularly? The fine represents the ninth gambling business to face regulatory enforcement action relating to social responsibility and AML failures since The specific facts of Mr Green's AML breaches are considered below, along with the lessons to be learned by other casino operators, Personal Management Licence holders, and organisations and individuals operating in other regulated sectors. Licensed gambling operators have a legal duty to ensure that their gambling facilities are being provided in compliance with the Gambling Act , the conditions of their licence and in accordance with the licensing objectives. A number of clear themes and questions emerge from these cases, which all regulated businesses should consider when assessing the adequacy of their AML controls: When establishing a business relationship with a customer, is due consideration given to the potential risk posed by the customer e. Are decisions to report or not to report being recorded? Recent enforcement action by the Gambling Commission shows a clear willingness to investigate and take action against casino operators and Personal Management Licence holders in respect of AML concerns. Back Forward. The fine issued to Mr Green continues this trend and demonstrates the proactivity of the regulator in this area. Are they appropriately risk-based, fit-for-purpose, tailored to your organisation and being implemented effectively? What is lack of integrity? How many reports were made in your last financial year? If suspicious patterns emerge, do you consider seriously whether to allow the customer to remain a customer? For existing customers, are you conducting appropriate on-going monitoring including sources of information, the accounts they hold and patterns of transactions and how can you evidence this? Are you over-relying on checks made by, or information provided by, third parties? Looking for a lawyer? Use our powerful AI search functionality to accurately identify the right lawyer with the relevant experience and expertise to solve your specific legal issues. Share Facebook Twitter Linked In. United Kingdom March 11 In particular: Licence condition Such risk assessment must be appropriate and must be reviewed as necessary in the light of any changes of circumstances, including the introduction of new products or technology, new methods of payment by customers, changes in the customer demographic or any other material changes, and in any event reviewed at least annually. Lessons to be learned Recent enforcement action by the Gambling Commission shows a clear willingness to investigate and take action against casino operators and Personal Management Licence holders in respect of AML concerns. A number of clear themes and questions emerge from these cases, which all regulated businesses should consider when assessing the adequacy of their AML controls:. Register now for your free, tailored, daily legal newsfeed service. Are your AML policies and procedures clear, accessible and up to date? Are employees reporting their suspicions? Are you submitting information about suspicious transactions? Try Instruct Counsel. In particular:. What on-boarding policies do you have in place and do they comply with the latest legislation and your regulatory requirements? Veta T. {PARAGRAPH}{INSERTKEYS}Please contact customerservices lexology. Follow Please login to follow content. What conclusions might you be able to draw from that? Do you ensure that commercial imperatives do not trump those requirements? Licence condition In particular: Mr Green failed to conduct a risk assessment of the risks of the business being used for money laundering and terrorist financing from November to November , contrary to licence condition This resulted in customers being able to gamble significant sums of money without adequate EDD and SOF checks being conducted. Are you critically assessing assurances you receive as to source of funds and source of wealth?