August 10, 2022

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Payments with POS, that’s when penalties are triggered. Clarifications from the Finance Police

Guardia di Finanza lights up a beacon of POS penalties and confirms the start of an anti-fraud control room building rewards. This is what appears from two notes of instructions sent by the head of the 3rd Operations Division of the General Command, Giuseppe Arbor, to the regional administrations. Let’s go in order.

The double penalty (€30 + 4% of the value of the rejected transaction), which began on June 30, directs a new line of monitoring activities. Among the indications to the administrations, there is one not insignificant: the penalty is applied only if the merchant, merchant or professional refuses to pay the consumer electronically. So if one of the economic operators just mentioned does not have a point of sale but the customer is not required to be able to pay by card or an ATM, then the fines conditions do not apply.

Funding rules

Another aspect was clarified, namely that “the reference to electronic means of payment whose acceptance leads to the application of the penalty shall be considered mandatory.” Therefore, without prejudice to the consumer’s right to choose how to pay the amount owed (always within the limits of the use of cash), “the transferor or lender shall be penalized when it does not accept payments made using debit, credit, and prepaid cards and not with other alternative instruments of cash.” Then the administrations are reminded not to apply any penalties in cases of “objective technical impossibility”, which occurs, for example, in the case of “established communication problems or technical malfunctions in devices for accepting electronic payments”.

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Officers and judicial police officers can also proceed with the investigation. After informing the violators of the violation, the minutes with proof of the grievance are sent to the director of the governorate in which the violation was committed. All violations identified will be recorded with the applicable penalty amount in the Ares program of Guardia di Finanza.

Building fraud, focus on cross-border moves

Another hot chapter on bonus scam building. The yellow fire confirms what was expected during the Corps’ 248th anniversary: ​​a control room coordinated by the General Command with the goal of conducting risk analyzes, in collaboration with revenue, on cross-border capital movements made after monetization. Credits do not exist with financial intermediaries.