France's ANJ Issues New Fraud Guidance for Operators
Jacob Mitchell 
Key Takeaways:
- ANJ published a guide for licensed operators on identifying player fraud.
- The guidance applies to online gambling requiring player registration.
- Five categories of player fraud are outlined, including identity and payment fraud.
- Operators must establish proof of fraud before refusing winnings or account balances.
- The guide clarifies actions for confirmed fraud cases and penalty clauses.
The Autorité Nationale des Jeux (ANJ) has published a guide instructing licensed gambling operators on how to identify and respond to player fraud. This document is positioned as a compliance aid rather than a source of new regulatory rules. The guidance applies to any gambling offer that requires online player registration, which includes competitive betting, online lottery, and network gaming linked to a player account. It specifically excludes activity conducted solely through physical distribution networks without online sign-up.
Context and Development of the Guidance
ANJ's guide serves as a supplement to existing legislative and regulatory standards, particularly the framework established on September 9, 2021, for combating fraud and money laundering. Operators maintain their contractual freedom, and the guide allows for case-by-case analysis of individual situations by each operator. Under Article L. 320-4 of the Code de la Sécurité Intérieure, operators are legally required to contribute to fraud prevention. Furthermore, companies seeking authorization to offer online gaming or betting must demonstrate their capacity to meet anti-fraud obligations, as stipulated by the third paragraph of Article 18 of the May 12, 2010 law governing the sector's opening to competition. The ANJ developed this guide through extensive consultation with licensed gambling operators and further discussions with the gaming ombudsman.
Categories of Fraud and Operator Responsibilities
The guide establishes a typology of five primary fraud categories that operators may encounter. These include civil identity fraud, casino payment method fraud, abusive bank chargebacks, game-related fraud such as poker collusion and betting manipulation, and "money dumping," which involves moving funds between accounts disguised as poker chip transfers. ANJ notes that this typology is non-exhaustive. The guide also lists several practices identified by operators during consultation—such as betting bots, betting syndicates, late bets, and repeated account opening and closing for bonus purposes—which the regulator chose not to classify as fraud, leaving their management to individual operators' contractual terms.
Evidentiary Requirements and Actions for Confirmed Fraud
Before operators can take any action, the guide sets a clear threshold: operators cannot refuse to pay winnings or return an account balance based solely on suspicion. While a player's failure to respond to an operator's inquiries may heighten suspicion, it does not, by itself, constitute proof of fraud. To assist operators in understanding judicial expectations, the guide incorporates a review of case law addressing the evidentiary standards applied in disputes, a common practice in online gambling in France. For confirmed fraud cases, the guide clarifies actions required under current law or provides recommendations regarding the fraudulent account and its balance. These recommendations cover various scenarios, including hacked accounts and falsified bank details. The document concludes with recommendations on penalty clauses that operators may apply to players found to have committed fraud, referencing relevant legal texts and case law that govern such provisions.
