"I appreciate the mediator's perspective on shared responsibility. However, I must clarify a fundamental distinction in this case that moves it from 'user fraud' to 'operator negligence':
1. Active Validation vs. Passive Failure: This was not a case of a minor simply typing a false birthdate. The casino's system actively requested, processed, and officially approved the uploaded documents. When a licensed operator’s software flags a document as 'Verified,' it grants the user a legal expectation of security. If their 'Reasonable Measures' cannot distinguish an AI-altered ID, the measure is, by definition, not reasonable for a high-risk financial industry.
2. The 'Incentive' Argument: I understand the concern about creating incentives for refund abuse. However, there is an even more dangerous precedent: allowing operators to profit from unverified and illegal deposits. If an operator can keep $2,300,000 CLP deposited by a minor because their own security failed to catch it, the operator has no financial incentive to improve their KYC technology.
3. The 'Void ab Initio' Principle: Under international contract law, a contract with a minor is not just 'voidable,' it is void from the beginning. Therefore, the casino has no legal title to these funds. Confiscating the funds (as the mediator suggests) would be appropriate if the money were 'winnings,' but these are original deposits that should never have been accepted.
4. Regulatory Non-Compliance: The Anjouan Gaming Board’s standards require operators to prevent underage gambling. If the software 'Approved' the minor, the operator failed the regulator’s primary objective.
I request that Casino Guru asks the operator to provide the Audit Trail of the KYC process for this account. We need to see why their system gave an 'Approved' status to a fraudulent document."
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