lottery fraud / nigerian fraud / 419 fraud. different types of advance fee fraud inheritance...
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Lottery Fraud / Nigerian Fraud / 419 Fraud
Different types of Advance Fee FraudInheritance FraudDating or romancing fraudOnline gulf job fraud419 fraud /Lottery Fraud / Nigerian FraudInstallation of TowersImpersonation of officialLoan ScamsRenewal of policies
F.I.RMr. Sourav Sahoo submitted a written complaint at Cyber Crime Police Station alleging that he had received an SMS from one unknown number and the sender informed that your mobile phone number own 5,50,000 pound in Coca-Cola International Mobile draw U.K and to claim price, mail us firstname.lastname@example.org. The complainant had also received a number of E-mails from the suspected person alluring him to deposit money in various bank accounts of the fraudsters to claim the prize money. Upon receipt of the mails & a number of telephonic calls from the fraudsters, Mr. Sahoo deposited a sum of Rs.35,00,000/- in the various bank accounts of the fraudsters.
Applicable sections of lawSec. 419/420/465/468/471 IPC Sec. 66-C/ 66-D of the Information Technology Act-2000
Modus OperandiThe fraudsters allured the victim to deposit the money in their bank account on different pretext:-Custom clearanceRBI ClearanceIncome taxIssuing of Inspection certificate, ownership certificateFor depositing of token sum of money
Pre-Requisites From Complainant From Bank From Mobile Service Provider From E-mail Service Provider From Internet Service Provider
From Complainant Self attested copies of printout of fake emails along with full headers and soft copies of the same with date and time stamps. Original counterfoils/slips of the Bank, from which cash was deposited by the victim to the accounts of the fraudsters. Different bank account numbers, Bank Names and its codes.Different mobile phone numbers of the fraudsters.Mobile Phone Number of complainant
From BankA.O.F. [Account opening Form] along with identity proof documents submitted as per KYC Norms, account details/bank transactions in respect of those fraudulent accounts and so also the details of the Guarantors.Present status of all the fraudulent accounts.Information about withdrawal of money by the fraudsters from different ATM Centers and its video footages.
From Mobile Service ProviderC.A.F.[ Customer Application Form], identity proof documents, subscriber details, Call Detail Records along with Tower locations of the cell phone numbers of the fraudsters.Other information like alternative mobile numbers, e-mail ids given by the fraudsters at the time of availing the connection.C.A.F.[ Customer Application Form], identity proof documents, subscriber details, Call Detail Records of the victim(complainant)
From E-mail Service ProviderAccount Registration Details in respect of the alleged e-mail accountsLog details in respect of e-mail accountMobile Phone Number used at the time of registration of those e-mail accounts Alternate e-mail account
From Internet Service ProviderUser Subscriber Details of IP address of the fraudsters e-mail account Cell Phone Number / Landline Telephone Number / Wired connection details through which internet connection was extended to the accuseds computer system
Examination of complainant & seizure Thoroughly examine the victim (Complainant), record his statement and collect all relevant information like:-Whether the victim has received any mail/SMS regarding winning of lottery or jobs in gulf countries?Whether the victim has received any phone call regarding the same?
The Investigating Officer has to seize all the relevant documents from the victim:-Hard copies of all e-mails[ to prove that, the victim was deceived by the fraudsters] Original counterfoils/slips, to prove that, cash was deposited in various accounts by the victimMobile Phone along with SIM Card from the complainant List of messages received from fraudsters
The Investigating Officer will ascertain the following information from the victim:-Details of bank account numbers, bank names and branch codes [if possible], to which the cash was deposited.Cell phone numbers or land line numbers of the fraudsters.
Correspondence with BankThe Investigating Officer will make correspondence with the concerned Bank authorities, to obtain the A.O.F. [Account opening Form along with identity proof documents], account details/bank transactions in the form of Account Statement in respect of fraudulent accounts and so also the details of the guarantors.
Correspondence with BankIO will make queries to the concerned Bank Authorities to provide the following details:-To submit the current status of the bank accounts.Whether KYC norms were taken into account during opening of the said accounts. To submit the information about the mode of withdrawal of money
Correspondence with BankIf deposited in other account, then the details of that account along with the account statements.If from ATM Centers, then to collect its video footages.If money was withdrawn from ATM centers of different Banks, then to obtain the bank name and its branch code[along with ATM center]
Correspondence with BankTo obtain information regarding bank account of the complainant i.e., AOF & bank account statement so as to prove that money was deposited to the bank account of the fraudsters from his accountNo seizure of AOF is necessary, only obtain the true copy
RBI Guidelines on The Bankers' Books Evidence Act, 1891 - Submission ofCertified Copies of Entries / Print out to Courts
Correspondence with Coca-Cola AuthorityThe Investigating Officer will make correspondence with the Nodal Officer of Coca- Cola authority to obtain the information regarding genuineness of the fraud mail received by the complainant from the fraudsters enclosing the said fake E-mails.
Correspondence with Mobile Service ProviderThe IO will make correspondence with the concerned Mobile Service Provider to obtain the detail information of the cell phone numbers of the fraudsters & will seize the CAF along with other details from the Mobile Service Providers and examine them if needed.
Important note in Case DiaryThe Investigating Officer will verify and scrutinize the Account Statements of the fraudsters and to establish the fact that, the money was deposited by the Victim. [Highlight the date and from which branch, the money was deposited]
Systematic Procedure of InvestigationAfter getting prima facie evidence, Investigating Officer will make correspondence with the bank to freeze the operation of the said account & will then seize the original AOF along with relevant documents in respect of the fraudulent accounts from the Bank and then verify the authenticity of the Account holders.The IO will locally verify the address of the beneficiary account holder, i.e., of the fraudster and find out the authenticity.
The Investigating Officer will analyze both the CDRs i.e., of the victim and fraudsters and find out the linkage and frequency of calls made between these numbers.The IO will analyze the CDR of the accused persons.The IO will locally verify the authenticity of the address of the subscriber details, which was supplied by the Mobile Service Provider.
Freezing of Bank AccountCriminal O.P.Nos.15467, 15573, 15982 and 15983 of 2013 and M.P.No.1 of 2013 in Crl.O.P.No.15467 of 2013 Uma Maheswari vs The State of TamilNaduMadras High CourtDate of Order:- 20.12.2013Crl.O.P.No.15467 of 2013 is filed under Section 482 of Cr.P.C to quash the FIR in Crime No.99 of 2013
Freezing of Bank AccountThe learned Senior Counsel further contended that on the written requisition of the Investigation Officer, the Bank accounts of the petitioners were freezed. As per Section 105(E) Cr.P.C. within 30 days such seizure has to be confirmed by the Court. However, in this case, this has not been done. The mandatory requirement of law has been violated. Thus, the freezing of the Bank accounts is vitiated. In such circumstances, they have to be defreezed. In support of his submissions, the learned Senior Counsel cited K.MAHENDRAN Vs. THE SUB INSPECTOR OF POLICE, XII TEAM, CENTRAL CRIME BRANCH, CHENNAI, [2007 (1) MLJ (Crl) 794].
In pursuing investigation under Section 102 Cr.P.C., the Code empowered the police officers to deprive a person of his properties. In this context, the phrase, "shall" employed in Section 102(3) Cr.P.C, is held to be mandatory in nature. Violation of it goes to the root of the matter. In K.MAHENDRAN Vs. STATE REP. BY THE SUB INSPECTOR OF POLICE, XII TEAM, CENTRAL CRIME BRANCH, CHENNAI, [2007 (1) MLJ (Crl) 794], cited by the learned Senior Counsel for the petitioner, a learned Single Judge of this Court referring to section 105(E)(2) Cr.P.C. held that the freezing of the Bank accounts will have no effect unless it is confirmed by the Magistrate within 30 days of freezing of the Bank account.
The Investigation Officer has suspected that the moneys swindled were secreted by the accused persons in their Bank accounts. Thus, he took steps to freeze the Bank accounts. We have elaborately seen that such freezing of the Bank accounts shall be reported to the jurisdiction Magistrate. When it is to be reported has been stated in Section 102(3) Cr.P.C. It is stated therein that it shall be reported "forthwith" to the jurisdiction Magistrate. The reporting of the freezing of the Bank accounts is mandatory. Failure to do so will vitiate the freezing of the bank account. In this back drop of the matter, the word "forthwith" shall mean 'immediately', 'without delay', 'soon'.
Freezing of Bank AccountCrl.O.P.Nos.13103, 13104 & 13105 of 2013 Tmt.T.Subbulakshmi vs The Co