Judgment No. 11325 of 2023: Self-Money Laundering and Gambling
The recent judgment of the Court of Cassation, No. 11325 of March 16, 2023, has shed light on the delicate issue of self-money laundering, particularly concerning the use of money in gambling and betting activities. The decision confirmed the interpretation that such activities can be considered "speculative activities" within the meaning of Article 648-ter.1 of the criminal code, opening up important reflections on the boundary between lawful gambling and criminal conduct.
The Case and the Decision of the Court of Rome
The Court of Rome had rejected the review request filed by A.A. against a preventive seizure decree, arguing that the use of money in sports betting constituted self-money laundering. The Court emphasized that the term "speculative activity" can include gambling, as such activity is capable of making the proceeds of a crime untraceable. This approach is also reflected in previous case law, as highlighted by the Sanna judgment (Section 2, No. 13795 of 2019).
The concept of chance, characteristic of gambling or betting, is not ontologically different from or irreconcilable with that of calculable risk.
Legal Implications of the Judgment
The judgment clarified that the introduction of illicit money into gambling represents a way to disguise the criminal origin of the funds. The Court rejected the defense's objections, which argued that the money used in betting was traceable and therefore could not constitute the crime of self-money laundering. In particular, it was highlighted that traceability does not prevent the contamination of the economic system with capital of illicit origin.
- Gambling as a speculative activity.
- The traceability of money does not exclude the concealment of illicit origin.
- The importance of betting activities in the context of money laundering.
Conclusions
Judgment No. 11325 of 2023 represents an important step in Italian jurisprudence regarding self-money laundering and gambling activities. The Court reiterated that the risk associated with gambling can be considered a speculative activity, with all the resulting criminal consequences. Legal professionals and operators in the sector must pay attention to these new interpretations, which could have a significant impact on future legal decisions.
