When you use card games, tricks, gambling, betting, or fraudulent fortune-telling to fraudulently benefit from another person, you commit gambling fraud. The benefits of gambling fraud could include money, goods, or services. You could also face gambling fraud charges for using card strategies, tricks, or stacked decks to lure unsuspecting victims into placing a bet or participating in similar acts. Typically, the laws do not prohibit gambling or bookmarking. But it is against fraudulent acts committed to gain an advantage over another person. For example, tricking someone into paying money so you can predict their future using cards is illegal and punishable under the law.

The prosecutor must first study the facts of the case to determine whether or not to file charges against you. Your criminal history and case facts will determine the charges and possible penalties. The prosecutor can file misdemeanor or felony charges. A misdemeanor conviction is punishable by a maximum of one year in jail, while a felony conviction carries a jail sentence of up to three years. Thus, gambling is a serious offense that could result in life-altering consequences after conviction.

You can contact us for help and support at California Criminal Lawyer Group if you face gambling fraud charges in Fresno today. Our aggressive criminal defense lawyers will use the best fighting strategies to obtain a fair outcome for your case.

Understanding What Gambling Means

Many people participate in gambling with the hope of winning more money than they stake. All activities requiring you to stake money to win something valuable are considered gambling under the law. The gambling outcome usually involves a luck element. Thus, you do not have an assurance or guarantee of gaining anything once you stake the money. There are all manner of gambling activities across the globe today. While the elements differ in most of these activities, the logic behind how people participate and win is usually the same.

Years ago, people relied mainly on casinos to play games and participate in gaming activities. Today, there are internet games that you can play, stake money on, and win or lose while in the comfort of your home. The advancement of technology has necessitated these. People with internet access at home can easily play without visiting any casinos. While this sounds like a good way to pass the time and make money, fraudsters have discovered ways to make money from unsuspecting gamers. They have developed tricks and strategies to lure gamers into placing and losing large amounts of money. If you engage in gaming with the intent to defraud someone else, you are guilty of gambling fraud.

Even though state law allows gambling, it must be done carefully and under strict guidelines to ensure that gamers and casino owners are safe from fraud. If someone utilizes lies or fraud to cheat unsuspecting gamers out of their hard-earned money or other valuables, they are culpable under the law. Cases of gambling fraud are on the rise as more people enter the gambling world, and fraudsters develop other tricks and strategies to defraud them. Some of the games that Californians enjoy a lot include slot machines, bingo, horse racing, card games, arcade games, and tribal casino games.

The law also permits adult arcade games. However, casinos require proprietary licensing to operate their establishments. They must also be willing to follow the guidelines to protect themselves and their customers from fraudsters. Sports wagering is illegal in California, though it is allowed in some states. Typically, gambling or gaming starts by staking a particular amount or valuable asset to receive a specific benefit. For example, when playing a casino game on your phone, home computer, or in a casino, you place a particular amount, hoping to win an even larger amount.

The government also organizes and regulates some lotteries. They do so to allow people to win large amounts of money. But they only allow adults to participate in these lotteries. Examples include sweepstakes and raffles. Here are examples of gambling activities that the state recognizes and supports:

  • Card clubs.
  • Gaming for financial benefits.
  • State-run lotteries.

Legal Meaning of Gambling Fraud

PC 332 makes gambling fraud unlawful in California. You commit this offense when you gain money or anything of value from another person using fortune-telling tricks, card games, and any other gambling activity. Gambling is legal only if done transparently, where everyone has an equal chance of winning. But if it is determined that you influenced the outcome of the activity in such a way as to win or gain an advantage over another person, you can face prosecution under this law.

Gambling fraud is not a straightforward case for the prosecutor. They must demonstrate all the offense elements for a jury to declare you guilty. These elements include:

  • You participated in a gambling activity with fraudulent intent.
  • You obtained money or any other valuable item from another person.
  • You did so using a card game like a three-card monte game, wagering, gambling tricks, or using deceptive fortune-telling.

Fraud is any dishonest way of obtaining money or valuables using deception, tricks, or lies. For example, you could have used an illegal trick or tactic or a legal gaming strategy to gain an unfair advantage over your opponent in a gaming activity. Fraud occurs when you act dishonestly, with moral turpitude, or without integrity. You can deceive another player by going against the rules of a particular game.

But if you play your cards truthfully and you win, and your winning is obvious and legitimate, you cannot face gambling fraud charges. But as long as you use dishonesty or tricks to defraud other players, you will be guilty of fraud even if the gambling activity you are participating in is legal.

The prosecutor must also demonstrate that your fraudulent acts result in unfair gains in money or other valuables. For example, all participants must purchase chips when playing a poker game. Losers must cover all the chips they have lost in the game. Winners receive their winnings in monetary terms. If you cheat one or more players in the game and cause the player to lose something valuable like money, you will be guilty of gambling fraud.

Since there are several gambling activities in California, prosecutors define gambling fraud according to the uniqueness of each game. What the law prohibits, in general, is the illegal gain of money or other valuables from an unsuspecting gamer.

Gambling Fraud in Fortune Telling

Many people believe in fortune tellers. They pay a small amount for another person to predict their future. But some fortune tellers use that opportunity to defraud people of their valuables with the pretense of reading their future.

Fortune telling is not unlawful in California. But it must be done under strict regulations to ensure that people who believe and participate in the activity are treated fairly and not defrauded of their money or other valuables. Most fortune tellers believe they exercise free speech, protecting them from persecution. But if evidence shows that you offered your fortune-telling services to obtain money, services, or valuable commodities from unsuspecting victims, the prosecutor can file criminal charges against you.

During the trial, the court should first establish if fortune-telling is legal in the state. The activity is only allowed for people whose social or religious beliefs allow fortune-telling. If your society or religion does not permit fortune-telling, you are not legally allowed to offer your services as a fortune-teller. But if your religious or social beliefs permit you to become a fortune teller, you will not be subject to persecution even if your customers offer compensation. If you offer your services mainly for amusement and have even displayed a sign for the same, you are not guilty of gambling fraud.

Remember that making future predictions for money when your relief does not permit it can amount to gambling fraud, which is punishable by law. If the prosecutor demonstrates that you only engaged in fortune telling to make a profit, the court can find you guilty under PC 332. You need the help of an aggressive criminal lawyer to fight your charges.

Creating and Maintaining Multiple Gambling Accounts

Online gaming is slowly becoming very popular. People can create online user accounts on gaming sites to enjoy various games. While this is generally acceptable, creating multiple gambling accounts with the intent to profit fraudulently at the expense of other players is illegal. Some people create multiple accounts for amusement purposes. They do so using their actual identifying details. But fraudsters use fictitious details to create multiple accounts on one gaming site. If the prosecutor demonstrates that you did so to gain an advantage over other players, they will file gambling charges against you.

Creating multiple accounts to improve your chances of winning on a gaming site is also illegal. Some fraudsters use their multiple accounts to compete against themselves, increasing their winning chances.

Gambling Fraud Through Chip Dumping

Fraudsters also use chip dumping when playing poker games to profit from unsuspecting gamers. Chip dumping involves deliberately giving chips to another gamer at the platform to influence the outcome of a game. It is a strategy that fraudsters use to manipulate unsuspecting players when managing online gaming accounts. You can face criminal charges for doing this.

Casino Chargebacks

Casino chargebacks occur when online gamers lose money from their credit card or bank account through a wrongful purchase or charge at a gaming site. Typically, they request the site for a chargeback. Some fraudsters use this to profit from an unsuspecting gaming site since the entire process causes the casino to lose money. If you reverse money from your gaming account by contesting a particular transaction, the casino will be inclined to honor your request. But if you do that with fraudulent intent, you are guilty of gambling fraud.

Bonus Abuse

The increasing number of online gamers has created many online gaming platforms to meet the increasing demand. These gaming platforms are always competing for gamers' attention. Most offer bonuses and other gifts and rewards to remain top in the competition. For example, they offer a 100% bonus to all new gamers who sign up on their sites. Fraudsters take advantage of these bonuses to benefit at the expense of gaming sites. They can create multiple new accounts on one site for the 100% bonus, which they withdraw, causing the site to lose thousands of dollars annually. Creating phony accounts for a sign-up bonus can result in gambling fraud charges.

Gaming Fraud Through Top-Ups

Online gamers must continually top-up their accounts to continue playing games on gaming sites. Sadly, some fraudsters trick unsuspecting gamers into topping up fraudsters’ accounts, causing them to lose money from their credit cards or bank accounts. Doing so is like using another person’s money without consent, which amounts to criminal activity. If you use another person’s credit card details to top up your gaming account or trick them into transferring money to your account, you are guilty of gambling fraud.

Possible Penalties for a Conviction for Gambling Fraud

The law punishes gambling fraud as petty or grand theft. Your charges will depend on the amount of money or value of what you intend to defraud the other person through gambling. Based on that and your criminal background, the prosecutor decides the charges against you. Thus, gambling fraud is generally a wobbler offense. It means you can face misdemeanor or felony charges at the prosecutor’s discretion. If the amount or value you intended to defraud the victim is not more than $950, the prosecutor will file misdemeanor charges. But if the value is $950 or more, you will face felony charges.

A misdemeanor conviction under this law is punishable by:

  • Misdemeanor probation.
  • One year jail-time.
  • A maximum of $1000 in court fine.

A felony conviction under this statute is punishable by the following:

  • Felony probation.
  • Three years in jail/prison.
  • A maximum of $5000 in court fines and $10,000 for a second offense.

Felony or Misdemeanor Probation

Judges grant probation instead of a jail or prison sentence to allow the defendant to serve their time out of incarceration. They have absolute discretion to do so and could consider your case’s details and criminal history.

If sentenced to misdemeanor probation, your sentence can run for up to three years. You can return to your family, work, and regular activities. But, you must abide by the probation conditions the judge sets during sentencing. You must also submit periodic reports to the court for the judge to know how you perform on probation. The judge can terminate your probation at anytime, especially if you violate it. When that happens, you will be jailed for the required period under the law.

If sentenced to felony probation, you could serve your sentence for five years. The judge will place you under the supervision of the probation department. The department will assign your case to an officer working closely with you and monitor your progress throughout the probation period. Also, the judge can terminate your felony probation if you violate the court-given probation conditions. When they do that, you must serve your prison or jail sentence as the law provides.

Here are examples of probation conditions the judge could set for you during sentencing:

  • To report regularly to the court or probation department.
  • To pay all the court fines and/or victim restitution.
  • To abide by the law and avoid arrests and criminal charges.
  • To participate in community service.
  • To remain within that jurisdiction until the end of your probation.

Other Consequences of a Conviction

A criminal conviction results in many life-changing consequences. Other than a jail or prison sentence and a court fine, a conviction will affect your life in several ways. For example, it will leave you with a damaging criminal record that determines how other people treat you. That can affect your social and professional lives. After learning about your criminal record, people can change how they relate to you. Potential landlords and employers can deny you an opportunity because of your criminal history.

Additionally, a felony conviction will affect your gun rights. If you are a gun holder in California, you could lose that privilege after a felony conviction. You will not be allowed to purchase or possess a firearm permanently or for a predetermined period.

You need to fight your charges aggressively to avoid a conviction and the resulting consequences. You can do that with the help of a skilled criminal attorney.

Legal Defense Strategies for a Gambling Fraud Charge

A criminal trial allows you to prepare and present a defense in court before the judge gives the final verdict. A skilled attorney can help you gather evidence and prepare a solid defense against your charges. Fortunately, the law allows your attorney to use legal defense strategies to obtain a fair outcome for your case. Some of these strategies are:

You Did Not Act With Fraudulent Intent

The law against gambling fraud prohibits you from acting with fraudulent intent to cheat another person through a gaming or gambling activity. The judge will dismiss your charges if you did not have a fraudulent purpose and can demonstrate it in court. For example, you can show that you only participated in gambling for fun and had no intention of gaining financially from it.

A person’s intent is difficult to prove by the prosecutor. The prosecutor must demonstrate beyond a reasonable doubt that you acted the way you did to defraud the alleged victim. If not, the judge will be inclined to dismiss your charges.

You Were Exercising Your Right to Free Speech

Remember that you can face gambling fraud charges for your actions while exercising your right to free speech. For example, when you are a fortune-teller, and your religious and social beliefs allow it, you can freely read people’s future. However, if there is evidence that you did so solely for monetary gains, the prosecutor can seek a guilty conviction for fraud.

But your attorney can counter the prosector’s allegations by demonstrating that your beliefs allow fortune-telling and that you did not solicit payments. If your customers willingly gave you some money for your services, you are not guilty under this statute.

You Are a Victim of Police Entrapment

The police use all strategies to obtain evidence and conduct arrests, especially in cases where it is difficult to catch people in the act of crime. They can lie, use tricks, or conduct undercover operations to investigate crimes. But, there is always a limit on how far the police can go in situations like these. Police entrapment is very common. It occurs when the police cause an innocent person to commit a crime they would otherwise not commit.

You are a victim of police entrapment if an officer threatens, coerces, or forces you to commit a crime. But you must demonstrate that you could not have committed the crime were it not for police entrapment. If that is the case, the judge will dismiss your charges.

You Are Falsely Accused

False accusations are also widespread in cases like these. So many people are serving sentences for crimes they did not commit. The alleged victim could have lodged a false accusation against you out of vengeance for something you did against them or failed to do for them. For example, an angry ex-partner can falsely accuse you of fraud to get even with you. Some people falsely accuse others to gain an upper hand over them on a particular matter. An experienced attorney will know best how to argue your case and compel the judge to dismiss your charges.

Find an Experienced Criminal Attorney Near Me

If you face gambling fraud charges in Fresno, you should partner with an experienced criminal attorney. You will need help navigating the complex legal process. You will also need help with defense. An experienced attorney is familiar with all court processes. They also know of the best defense legal strategies to use in your case to compel the judge to dismiss or reduce your charges.

We handle all kinds of fraud charges at California Criminal Lawyer Group. Through experience, we know the right evidence to gather and how to prepare and file your case in court. Our team will also be available throughout the court process to give you the help and support you need. Call us at 559-712-8377 to learn more about us and your charges.