Gaming Evidence Collection Crucial

As the gaming industry continues to thrive in the Philippines, authorities are recognizing the importance of collecting and preserving evidence that can be used in litigation related to these cases. A recent development is the “Freeze Order” (FO), a provisional remedy aimed at blocking or restraining monetary instruments or properties linked to unlawful activities.

Freeze Order

Under the Anti-Money Laundering Council’s (AMLC) guidelines, a Freeze Order may be issued if there are reasonable grounds to believe that a person has engaged in or is about to engage in any act of money laundering or terrorist financing. The order prohibits the transaction, conversion, concealment, movement, or disposal of such monetary instruments or properties without affecting their ownership.

Identification and Verification of Agents

In addition to the Freeze Order, authorities have also introduced the concept of “Identification and Verification of Agents” (IVA), which refers to the process of establishing and recording the true and full identity and existence of an agent, nominee, trustee, or other authorized representatives who are acting on behalf of a beneficial owner or principal. This includes verifying the validity of the authority of such agents.

Key Areas of Focus

In gathering evidence for gaming-related cases, authorities have identified several key areas of focus:

Identification Data: Both identification information and identification documents must be verified using reliable, independent sources.
Instrumentalities: Any monetary instruments or properties used to finance, operate, and/or maintain unlawful activities are included in this term.
Institutional Risk Assessment: A comprehensive exercise aimed at identifying, assessing, and understanding the ML/TF threats, vulnerabilities, and consequential risks associated with gaming operations.

Information and Communication Technology

Authorities are also working to strengthen their ability to collect evidence through the use of Information and Communication Technology (ICT). This includes:

The totality of electronic means used to access, create, collect, store, process, receive, transmit, present, and disseminate information.

Key Players in the Gaming Industry

In addition, authorities have identified several key players in the gaming industry that will be crucial in gathering evidence for litigation purposes:

Insurance Commission (IC): The IC is responsible for regulating the insurance and pre-need industries.
Intermediary Financial Institutions: These institutions play a critical role in serial payment or cover payment chains, receiving and transmitting wire transfers on behalf of ordering financial institutions and beneficiary financial institutions.
Jewelers and Jewelry Manufacturers: Those involved in the production and sale of jewelry made from precious metals, stones, and jewels may be called upon to provide evidence in gaming-related cases.

Conclusion

As the Philippine authorities continue to refine their approach to gathering evidence for gaming-related cases, it is clear that a multi-faceted strategy will be necessary. By combining traditional investigative techniques with cutting-edge technology and partnerships with key industry players, authorities are well-positioned to successfully litigate these complex cases.