Dear Edward,
We have sought preliminary advice from a respected law firm in Cambodia about what legal action NagaWorld could take against the junket operators.
Here is a summary of the main points of advice we received:
1. Gambling is illegal in Cambodia except in licensed establishments such as Naga World.
2. Technically, it is still illegal for Cambodians to gamble (even in licensed establishments), although some do.
3. Foreigners (and Cambodians with dual nationality) can gamble in these licensed premises. Therefore, the Thai debtor’s presence at Naga was legal.
4. It may be possible to bring a civil action in Cambodia against the debtor on the basis of a legal contract for credit.
5. However, this would take time (estimated at 6-12 months) and would cost NagaWorld money in legal fees to get judgment should NagaWorld be able to prove the debt.
6. The fact that the debtor has not answered his phone calls from NagaWorld would suggest some element of bad faith on his part. NagaWorld could argue that this is evidence of breach of trust (fraud) and pursue this as a criminal matter. Although this may be a rather tenuous argument it may well be the most expedient and cheapest way to proceed.
7. Also, perhaps a threat of some form of black-listing at NagaWorld might be appropriate to gain some recompense from the debtor, who, presumably, is making a decent living out of these casino visits.
8. Therefore, NagaWorld could report this incident to the police and/or threaten the debtor with further action (if he can be contacted) in order to give him incentive to pay back the credit facility.
We await your further instructions.
Best regards,
Paul & Pim