In an attempt to get his name removed off a casino restricted list by the B.C. Supreme Court, a man from British Columbia has given up.
The British Columbia Lottery Corporation (BCLC) put Ali Ghotaymi under "sourced cash conditions," which were implemented in 2015 and require a casino customer to show proof of the source of the money they are using for a cash buy-in. Information about the bank account and documents demonstrating the cash withdrawal activity are examples of that evidence.
For people accused of money laundering, it is a restricted list. Any casino cash buy-ins of $10,000 or more are subject to BCLC's sourced cash requirements. The province of British Columbia owns the Crown Corporation, which is officially in charge of administering, conducting, and running all forms of commercial gambling, including casinos.
Concerns were made about Ghotaymi's cash buy-in habit at British Columbian casinos. On July 8, 2021, he was put under sourced cash conditions. The B.C. Supreme Court ruling states that when Ghotaymi made a cash buy-in of $9,000—just under the $10,000 cap—River Rock Casino employees reported an incident.
Between February 2019 and July 2021, Mr. Ghotaymi made 29 "large cash transactions" at casinos in British Columbia, according to BCLC records. Eleven of those totaled $9,000. In less than two hours on February 17, 2020, Ghotaymi made two $9,000 buy-ins at two different casinos.
Canada Post employee Ghotaymi was upset over being reported. He said that it falsely stigmatized him as a money launderer, making it difficult for him to obtain employment or security clearance. He claimed that since no notification was given, what occurred to him was irrational. He therefore filed a lawsuit against BCLC.
Ghotaymi claimed that nine was a lucky number for him and that he regularly brings $9,000 in cash to the casino from prior winnings. After buy-ins, his net earnings at the casino from February 2019 to July 2021 came to $141,655. He maintained that the $9,000 cash buy-in explanation made sense because the casino paid him out in cash.
"However, because the casino cannot verify that cash buy‑ins on one day are necessarily sourced from cash won at the casino on an earlier day, or even earlier that same day if the patron leaves the casino for a period of time, BCLC maintains that sourced cash conditions are still necessary for large cash buy‑ins,” B.C. Supreme Court Justice Matthew Kirchner wrote.
“In other words, if a patron who is subject to sourced cash conditions wishes to use cash they won at the casino a day or two before, they must still run that cash through their bank account by depositing it and then withdrawing it again. This creates a traceable transaction history for the cash and allows BCLC to benefit from rigorous anti‑money laundering procedures used by accredited banks.”
The money laundering crisis in British Columbian casinos led to the creation of the restricted list. The extent of the issue was highlighted in a 2022 report by the Commission of Inquiry into Money Laundering in British Columbia, also known as the Cullen Commission.
Nearly $1.2 billion in cash transactions of $10,000 or more were accepted by British Columbian casinos in 2014, including 1,881 separate cash buy-ins of $100,000 or more, or more than five every day on average. According to the report, cash transactions and money laundering in British Columbian casinos are directly linked to criminal organizations.
The Commission chastised BCLC for failing to sufficiently handle issues related to money laundering.
The new Gaming Control Act, which was passed by the British Columbian government last year, will take effect in April. This will address suggestions on fraud and money laundering from two prominent investigations: the Cullen Commission's money laundering investigation and Peter German's Dirty Money report from 2018. According to a release from BC's Public Safety and Solicitor General, the Gaming Control Act would entail the establishment of an independent gaming regulator.
Justice Matthew Kirchner of the Supreme Court stated the following about the Ghotaymi case:
“I agree with BCLC that the decision amounts to imposing conditions on a consumer transaction concerning gaming. It is administrative, not adjudicative, in this respect because it regulates how Mr. Ghotaymi may buy-in at a casino … it does not adjudicate whether Mr. Ghotaymi is involved in money laundering and does not impose sanctions or penalties on him. It does not prohibit him from gambling, nor compel him to make financial disclosure, since like all casino patrons, he has other options to buy-in with other methods.
"When the history of money laundering in British Columbia casinos is considered, along with the strong public interest in curtailing that illegal and even dangerous activity, subjecting patrons who prefer to gamble using large sums of cash, even if obtained from the casino itself, to sourced cash conditions does not strike me as objectively onerous.
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