Gambling Commission secures first confiscation under POCA

The Gambling Commission has secured its first confiscation order under the Proceeds of Crime Act 2002 following one of its investigations.

Marc Darren Bird, 38 and from Coventry was ordered to pay £30,000 at a hearing at Leamington Crown Court.

The confiscation order is in addition to fines and costs of nearly £27,000 awarded against Bird in September 2010 under the Gambling Act 2005.

The defendant had been found guilty at Birmingham Magistrates Court in January 2009 of eight counts of making ‘Joker Poker’ gaming machines available for use and eight counts of supplying and maintaining gaming machines without an operating licence.

Bird abandoned an appeal against the conviction August 2010 following a test case in the Divisional Court in March of that year. This case confirmed the Commission’s view that a machine offering players the chance to win credits that can be exchanged for a cash prize is classified as a gaming machine.

The Gambling Commission worked with asset recovery experts at the Regional Asset Recovery Team West Midlands on the financial investigation which led to granting of the order.

Nick Tofiluk, Director of Regulation at the Gambling Commission, said: “Tackling the illegal supply of gaming machines remains a priority for the Commission and the use of asset recovery provides another deterrent for the Gambling Commission to use in keeping gambling fair and safe.

Detective Inspector Chris Berrow of RART (West Midlands) added: “We actively seek opportunities to work with our partners to tackle criminality in whatever guise it is found and were pleased to support the Gambling Commission in this case.”

Operators who supply or provide gaming machines for use must have a licence from the Gambling Commission.