Confiscation of proceeds from illegal poker club
Supreme Court judgment 15 February 2021, HR-2021-301-A, (case no. 20-147966STR-HRET), criminal case, appeal against judgment.
I. A (Counsel Marius Oscar Dietrichson) v. The Public Prosecution Authority (Counsel Stein Vale)
II. The Public Prosecution Authority (Counsel Stein Vale) v. A (Counsel Marius Oscar Dietrichson)
Justices: Webster, Falkanger, Bergsjø, Ringnes, Østensen Berglund
A person convicted of violation, among other things, of section 17 subsection 2, cf. subsection 1, of the Lottery Act had had a gross turnover of at least NOK 8 million from the operation of an illegal poker club. When deciding the confiscation issue, cf. section 67 of the Penal Code, the Supreme Court took as its starting point that it is the gross value of the proceeds that is to be confiscated without deduction of costs incurred by the defendant. The confiscation amount was set to NOK 2 million after application of the reduced liability rule in section 67 subsection 1 fourth sentence of the Penal Code. Emphasis was placed on costs for rent and acquisition of assets with a legal turnover value, and on the defendant's relatively weak economy.