Penalties for non-compliance
What are the penalties for non-compliance?
The Gaming and Lotteries Law, establishes a penalty of imprisonment between 3 months to 3 years and a fine between MXN$500 (approx. US$26) and MXN$10,000 (approx. US$522) to any Mexican entity or individual that participates in the sale or circulation of lottery tickets or gambling that takes place abroad without the required authorization from the Ministry of Interior (Art. 12).
Further, the Gaming and Lotteries Law provides for 1 month up to 2 years imprisonment and a fine between MXN$100 (approx. US$5) to MXN$5,000 (approx. US$261) for people that knowingly lease a property to carry out illegal gambling or lotteries without the authorization from the Ministry of Interior.
The Ministry of interior has the ability to close down any entity offering any type of gambling, chance game or betting (illegally or without due authorization) (Art. 8 of the Gaming and Lotteries Law).
The Consumer Law via Profeco indicates different amounts for fines depending on the type of breach. However note that they can be as low as MXN$236.54 (approx. US$12) and high as MXN$7,948,063.22 (approx. US$415,340).
The Criminal Code provides that the same penalties as fraud shall be applicable when a person keeps the prizes or money due to a prize draw instead of transferring the same to the winner (Art.387, s.XI). The sentence for fraud can be between 3 days to 12 years of imprisonment and fines ranging from MXN$883.20 (approx. US$46 to MXN$10,603.2 (approx. US$554) (depending on the damage value; calculated on minimum wages) (Art. 386).