How To Understand The Relationship Between Gambling And Crime

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1 Dr. Henrietta Bowden-Jones MRCPsych, BA (Hons) DOccMed MD(Imperial). Consultant Psychiatrist, Addictions Directorate,Central North West London NHS Foundation Trust Lead Clinician, National Problem Gambling Clinic, London Royal College of Psychiatrists Spokesperson on Problem Gambling Member of the Government s Responsible Gambling Strategy Board Honorary Senior Lecturer, Division of Brain Science, Imperial College, UK

2 What will be covered? Definition of Gambling related crime. International Perspective: A brief look at international statistics and examples of the relationship between problem gambling and crime Gambling Clinic: 178 cases at the National Problem Gambling Clinic were assessed for illegal acts.

3 Definition Gambling related crime: A criminal offence committed by a gambler or partner to fund his or her gambling either directly and/or indirectly to fund a shortfall of living expenses due to gambling (Blaszczynski 1994) In 2002 Crofts added committed as a result of, or related to the desire, need or compulsion to gamble This takes into account the possibility of non-financial crimes such as DV being gambling-related.

4 Crime and PG Pathological gamblers are 3 times more likely to be arrested than low-risk gamblers and 7 times more likely than non-gamblers. (Doley 2000)

5 Courts Brooks et al 2011 in a UK based study looked at Court of Appeal decisions and found PG not to be considered by the courts as a serious driver towards offending. However: In US and Germany a plea of diminished responsibility has been found to be a successful defence for convicted PGs. Who is right?

6 An International Perspective It has long been suggested that gambling and crime are related: Ultimately, Pathological gambling results in crime (Lesieur, 1992:47) Crimes committed as a result of Problem Gambling can range from large scale fraud and child neglect, to murder and armed robbery Evidence from developed countries such as the USA, Australia, New Zealand and Europe suggest problem gambling and criminal behaviour are related, although the direction of causality is subject to much debate

7 Gambling and Crime USA Media articles A mother from Georgia pleaded guilty to involuntary manslaughter after her 10 day old baby died of dehydration in a sweltering car-park whole, while she played video poker for hours in a casino An Illinois mother suffocated her newborn daughter days after taking out a $200,000 life insurance policy to fund her gambling addiction A 52 year old Oregon man stole his mother s life savings, sold her house and spent the proceeds whilst she was in a nursing home to fund his gambling addiction

8 Gambling and Crime - Australia An elementary school is facing the prospect of paying back $31,000 after a former principal stole from school funds to supplement her gambling addiction A former mayor of Geelong (VIC) was sentenced to 10 years imprisonment for defrauding clients out of $8.6 million between to support his gambling addiction An insurance company employee created 1003 fraudulent claims totalling over $4.3 million to support his gambling addiction

9 Australia - Statistics The relationship between crime and gaming expenditure in Victoria Department of Justice (2010) Analysed data from 210 statistical local areas (SLAs) in Victoria, comparing gaming data (expenditure) and offence data (crime). Data collated across 15 years ( ) and compared at three points; 1996, 2001 and 2006.

10 Australia - Statistics Gaming expenditure per capita is significantly positively associated with nearly every type of crime in all years of the analysis Relationship between gaming and income generating crimes such as theft, fraud, breaking and entering, robbery etc. was stronger than the relationship with non income generating crimes Drug offenses were also positively related to nearly every type of crime in all years

11 Worldwide - Statistics Canada - Ladouceur, Boisvert, Pepin, Loranger and Sylvain (1994) suggest 68% of GA respondents report income generating offending New Zealand Gambling is the second largest motivator of fraud in NZ. The average amount taken by a fraudster is $81,702 ( 2008)

12 Gambling and Crime - UK A former police officer was jailed for two months after stealing two winning betting slips from the dead body of Stephen Lawrence A financial advisor from Manchester was jailed for nine years after cheating clients out of 2.3 million A teenager was left penniless after her brother got in to her trust fund account, and spent the 33,000 inheritance that had been left to her. A man was jailed for three years for stealing almost 1 million from his employer over an 18 month period

13 National Problem Gambling Clinic Set up by myself in 2008 following MD work at IC. Now receiving about 600 referrals a year CBT based group and individual Family therapy Relative Connections Research Group Money management Women s Group Homeless Group

14 DATA COLLECTED 178 open case files at the NPGC were examined in March 2012 Data gathered on : Age and Gender Occupational status Psychiatric co-morbidity Hx of Substance misuse and alcohol misuse Number of years gambling Family History of PG Detailed Forensic History (charges, convictions etc) Detailed History of all illegal acts involving family, friends, partners, the workplace and others.

15 Mean age 36 Age range female/ 164 male RESULTS Total years of gambling range years in men Total years of gambling range in women Mean duration of PG for all patients = 13 years 67 /178 unemployed Employments ranged: barrister, police officer, accountant, mortgage broker, finance advisor, city trader, youth worker, waiter, cleaner, bank manager etc

16 RESULTS FAMILY HISTORY 42% Had a Family Hx of PG 43% of the above had a father who was a PG. 10% had PG mothers Others were grandparents, siblings and uncles

17 RESULTS CRIME AGAINST THE FAMILY 58% committed an illegal act against a family member. Of these, 97% = theft and not repaying debts. (3% DV) 63% had no formal criminal convictions 3% had stolen money from their own children. Main activities: Stealing money Selling relatives possessi0ns Fraudulent use of credit cards

18 RESULTS Other activities against family members were: Misuse of joint savings accounts Remortgaging property belonging to parents or family. Fraudulent use of mother s will Using father s business account Using children s savings to cover gambling debt..

19 Chart 1 showing percentage (No. of cases = 178) of patients disclosing committing (reported and unreported) illegal acts and their affected parties

20 RESULTS VIOLENT BEHAVIOUR Violent behaviour towards a family member and directly related to gambling was reported by 14 of the 178 subjects. CRIME AT WORK 25/178 (14%) committed illegal acts against their workplace-all cases involved theft or fraud.

21 RESULTS CRIME AGAINST OTHERS 26% committed illegal acts against friends, mainly stealing. Of these, 72% had no formal criminal history. 10% Disclosed other crimes including tax evasion and drug dealing. CUSTODIAL SENTENCES 70/170 (39%) had a history of custodial sentence. Of these, 50% were convicted of common assault and 16% of domestic violence.

22 RESULTS CO-MORBIDITY 116/178 (65%) REPORTED A HISTORY OF MENTAL ILLNESS OR SUBSTANCE MISUSE. 61% OF THE SAMPLE DID NOT HAVE A FORMAL FORENSIC HISTORY AND YET 83% OF THESE DISCLOSED COMMITTING AN ILLEGAL ACT TO FUND THEIR GAMBLING ONCE ASKED DIRECTLY. There are diagnostic implications here for DSMV.

23 THE FUTURE This study was the first one in the UK looking at prevalence of unreported illegal acts in a PG patient population. Despite only 39% of patients in the study having a criminal history, 86% of patients in the study had committed illegal acts to fund their gambling. It has highlighted the need to screen for unreported illegal acts at assessment whether a patient has a criminal history or not.

24 QUESTIONS: Should PG be a mitigating factor when considering a custodial sentence? Where do we draw the line? What should treatment services do? Court report writing? Treatment instead of prison? What if someone does not turn up? Share your experiences.