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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I was wondering if it is identity theft or identity fraud or

Resolved Question:

Hi,
I was wondering if it is identity theft or identity fraud or anything else illegal if I open an online ewallet and betting account in my friends name and place bets on their behalf with their full permission and my own money?
I will have their full permission in the form of a contract, therefore, they are fully aware that I will be doing this and I will only use my own money, therefore, there will be no financial risk / loss to my friend if the bets were to lose etc. We are both above the age of 18 and allowed to gamble.
My friend will supply all the relevant information so I can open the ewallet and betting account in his name such as full name, date of birth and provide proof of id and address. No documents will be forged or fake, they are all real.
I will then deposit money into my friends ewallet account then deposit into the betting account, where I can then place bets using my own money.
If this is illegal, what are the consequences?
Any help would be greatl
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Using your own account details?
Customer: replied 10 months ago.
No, I will be using their personal information to open an ewallet and betting account in their name on their behalf.The money will come from my bank account which will be deposited into their ewallet and bets will be placed with that money. I will never use their own money or create an account without their full permission / consent. However, I want to make sure I cannot get into any trouble.
Expert:  Jo C. replied 10 months ago.
Wouldn't you have access though to their account as there is an automatic top up?
Customer: replied 10 months ago.
Hi Jo,No i wont have access to their bank account. I will have access to their ewallet because i created their ewallet account but the ewallet account will not be connected to their bank account therefore there will be no financial risk to them. I will simply transfer money from my personal ewallet account into their ewallet, then deposit the funds from their ewallet into the betting account i have created on their behalf.I will have access to their ewallet and betting account as i will need to transfer the funds and place bets on their behalf.
Customer: replied 10 months ago.
Both ewallet and betting account will not be connected to their personal bank account, the betting account will only be connected to the ewallet account i have created for them on their behalf. This is to provide reassurance to my friend that i will only use money that i have deposited into their ewallet account, which will be my own money and not theirs.
Expert:  Jo C. replied 10 months ago.
There is no reason you cannot use a different name or adopt a person's identity in principle as long as you don't do so for fraudulent purposes. The only issue though is that you do have to take on board the fact that you would be open to the allegation that it was for fraudulent purposes. I realise that your friend is supportive now but relationships are fluid. If the bank account is not theirs though then clearly there is no fraud involving your friend. I don't know whether or not Betfair could argue they are being mislead. I don't know whether there is anything in their econtract to the effect that you must use your own details? Probably not but you would need to check. Can I clarify anything for you?Jo
Customer: replied 10 months ago.
What if my friend signs a contract which agrees to give me permission to use their personal information to open an ewallet and betting account in their name, deposit money into the ewallet and betting account and placing bets on their behalf and in return they receive a financial gain (% of winnings). Would this be sufficient to protect me in court if anything was to happen to my friendship and he all of a sudden decided that he didnt give me permission after i had already created the accounts...?Yes I have read the terms and conditions and i will be in breach of both the ewallet and betting companies terms and conditions, but would this be fraud or just a breach of contract?Could you specify fraudulent purposes in more detail, what are they?
Expert:  Jo C. replied 10 months ago.
They prevents him from lying afterwards at least. In terms of fraud, I do think it could arguably be fraud if you are winning. If you are just spending your money then probably not. The problem is that it depends why you want to use another person's name. If it is to avoid something like a ban from the bookmaker then there is clearly dishonesty.
Customer: replied 10 months ago.
Hi Jo,It's basically using welcome bonuses from bookmakers, so I am unable to use my account because I have already done it, but my friend will be a new member so he will receive a welcome bonus. I haven't been banned or not allowed to gamble myself in anyway.Been struggling to get a pure black and white answer around this. So would you say the likeliness of being done for fraud is likely or not likely, as I would like to do this for my friends but obviously wouldn't do it if there is a possibility of going to prison for fraud.....Therefore, what would your overall conclusion be for this? Can I be done for fraud if I am only using my money and my friend receives a financial benefit from taking part / can the bookmaker sue me for fraud because technically it is me acting on behalf of my friend....?Any conclusion would be extremely useful as I really just want to know a straight yes or no answer.Thank you.
Expert:  Jo C. replied 10 months ago.
Ok. That is fraud then. It might well be that nobody seeks a public interest in prosecuting it but that is fraud in the academic world. You are practising a deceit to gain a benefit.
Customer: replied 10 months ago.
Hi Jo,Thank you for coming back to me. Can you clarify who would pursue it against me, will it most probably be my friend or the company...?Also is it possible to make this legal, how could I go about this to ensure it is not fraud..... e.g. have a contract in place, get my friend to open the accounts then give me the log in details etc etc?Thank you and look forward to hearing back from you soon.
Expert:  Jo C. replied 10 months ago.
No, it isn’t fraud against your friend. You are not causing him a loss or you a gain at his expense. It is the company. I’m really sorry but I cannot see a way of legitimising this. You are seeking to gain advantages that would not be available if you used your own identity.
Jo C., Barrister
Category: Law
Satisfied Customers: 69772
Experience: Over 5 years in practice
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Customer: replied 10 months ago.
Hi Jo,Thank you very much for your help and answer. It is greatly appreciated.Have a great day!

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