2018 Pennsylvania Consolidated Statutes
Title 4 - AMUSEMENTS
Chapter 39 - Enforcement
Section 3906 - Report of suspicious transactions
(a) Duty.--An establishment licensee or terminal operator licensee or a person acting on behalf of an establishment licensee or terminal operator licensee shall, on a form and in a manner as required by the bureau, notify the bureau of a suspicious transaction.
(b) Failure to report.--
(1) A person that is required to file a report of a suspicious transaction under this section and knowingly fails to file the report or that knowingly causes another person having that responsibility to fail to file the report commits a misdemeanor of the third degree.
(2) A person required to file a report of a suspicious transaction under this section and fails to file the report or a person that causes another person required under this section to file the report to fail to file the report shall be strictly liable for the person's actions and may be subject to sanction under section 3905(c) (relating to prohibited acts and penalties).
(c) Bureau.--The bureau shall maintain a record of all reports made under this section for a period of five years. The bureau shall make the reports available to any Federal or State law enforcement agency upon written request and without necessity of subpoena.
(d) Notice prohibited.--
(1) A person that is required to file a report of a suspicious transaction under this section may not notify an individual suspected of committing the suspicious transaction that the transaction has been reported.
(2) A person that violates this subsection commits a misdemeanor of the third degree and may be subject to sanction under section 3905(c).
(e) Immunity.--A person that is required to file a report of a suspicious transaction under this section and in good faith makes the report shall not be liable in any civil action brought by a person for making the report, regardless of whether the transaction is later determined to be a suspicious transaction.
(f) Sanctions.--
(1) In considering appropriate administrative sanctions against a person for violating this section, the board shall consider all of the following:
(i) The risk to the public and to the integrity of gaming operations created by the conduct of the person.
(ii) The seriousness of the conduct of the person and whether the conduct was purposeful and with knowledge that it was in contravention of the provisions of this part or regulations promulgated under this part.
(iii) Justification or excuse for the conduct by the person.
(iv) The prior history of the particular licensee or person involved with respect to video gaming terminal activity.
(v) The corrective action taken by the establishment licensee or terminal operator licensee to prevent future misconduct of a like nature from occurring.
(vi) In the case of a monetary penalty, the amount of the penalty in relation to the severity of the misconduct and the financial means of the licensee or person. The board may impose any schedule or terms of payment of such penalty as it may deem appropriate.
(2) It shall be no defense to disciplinary action before the board that a person inadvertently, unintentionally or unknowingly violated this section. The factors enumerated under paragraph (1) shall only apply to the degree of the penalty to be imposed by the board and not to a finding of a violation itself.
(g) Regulations.--The board shall promulgate regulations to effectuate the purposes of this section.
