Judgment No. 11325 of 2023: Self-Laundering and Gambling

The recent ruling by the Court of Cassation, No. 11325 of March 16, 2023, has brought attention to the delicate issue of self-laundering, particularly regarding the use of money in gambling and betting activities. The decision confirmed the interpretation that such activities can be considered "speculative activities" under Article 648-ter.1 of the Penal Code, leading to 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 request for review filed by A.A. against a preventive seizure order, arguing that the use of money in sports betting constituted an act of self-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 supported by previous case law, as highlighted by the Sanna ruling (Section 2, No. 13795 of 2019).

The concept of chance, characteristic of gambling or betting, is not ontologically different or incompatible with that of calculable risk.

The Legal Implications of the Ruling

The ruling clarified that the introduction of illicit money into gambling represents a means to disguise the criminal origin of the funds. The Court rejected the defense's objections, which argued that the money used in bets was traceable and could therefore not constitute the crime of self-laundering. In particular, it was highlighted that traceability does not prevent the pollution of the economic system with illegally obtained capital.

  • 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-laundering and gambling activities. The Court reiterated that the risk associated with gambling can be considered a speculative activity, with all the legal consequences that arise from it. Legal professionals and industry operators must pay attention to these new interpretations, which could have a significant impact on future legal decisions.

Bianucci Law Firm