Consequences for unwitting money mules

Ah I see, thank you. That sounds horribly unfair that she’s still a suspect after all her cooperation. Was she withdrawing money from another victim’s bank account to give to the scammer, or was she withdrawing money from her own account?

(I have a feeling that not all the dirty money in my account was sourced from investment scam victims, but perhaps also from stolen bak accounts)

I would recommend the OP not to do this.

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It was money from her own account, but it had been sent there from other victims (ie her account was just being used as a drop)

I guess I should add context here.

She had fallen for another investment scam before and as such had lost a lot of her (and her friends) money.

So she needed to take out a bank loan, however the bank wanted to see proof of earnings.

Her job didn’t pay much, so she found some other company online who would send her “wages” each month, which she would just withdraw and give back to them (plus their fee)

This was ok twice I think, but on the third month, they transferred in over 2 million.

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Ah, sorry to hear that, sounds pretty awful especially with a case dragging on for this long. I hope it works out for her.

Also, possibly related? https://focustaiwan.tw/society/202304110027

Sadly, fraud is very common and a huge issue in Taiwan :frowning: I have no advice either than lawyer.

but line groups, facebook, gossip at the lark etc talk about fraud warnings 24/7 nation wide.

here is one our family’s line group got from their friends. note they all tend to just be copy paste, and sometimes the fraude warnings are themselves fraud. but anyway, to give you an idea here is one of the many latest:

最新騙術, 務必仔細閱讀,提醒在臺親友,非常重要(exclamation)

在合乎法律流程下,大學教授如何被詐騙得手?

請仔細閱讀:

林光瀅 是大學教授
南華大學教授受騙的真實事件經過,不讀會後悔:

“花五萬多上了一堂人生該上的法律常識課”。

各位親愛的友人:

分享一下我最近的受騙經驗「乖乖交了五萬多元」
事情經過是:

我四月底五月初收到「元誠」公司寄來的「存證信函」,說我欠他三萬七千多,因為是沒有的事,我理所當然覺得是詐騙事件,也沒理會他。

六月收到台中地方法院寄來的「支付命令」。說我欠「元誠」這家公司錢應償還,如有異議要20天內提出,只是一張自說自話的紙,我還是覺得是詐騙事件,一樣置之不理。

最後八月初收到彰化地方法院的「執行命令」,
主旨告知:

將強制從我任職處扣薪水償還。我雖然還是覺得是詐騙事件,但居然對方也知道我的工作資料, 我就打電話去彰化地院查詢,赫然被告知這是真的!

我回頭理解整個事件才知道這個民事非訟事件的流程: “重點來了“:

「存證信函」、「支付命令」、「執行命令」,對方已經讓非法變成合法,只因我沒有在20天內提出異議!也就是說我沒有在20天內說對方是錯的,就表示我默認對方是對的!

對方依時間逐步取得必要法律效力後「執行命令」已經是有法律效力的強制執行,結果三萬七連他所說利息,我總共乖乖匯入五萬三千多到他指定戶頭裡。

有無救濟之道,有!
你可以「再起訴訟」 但是律師跟我分析,我要付出的時間、力氣與成本恐怕不划算,就現實付出與經濟效益絕對不划算 ,我是個很怕麻煩的人,又很清楚再起訴訟跟這些人攪和 ,我要付出的情緒成本恐怕更高 ,五萬多,算了,就認栽了!

我到彰化與台中地院聲請閱卷,發現對方真是有
「個案控管」地逐步處理相關申請。我因個人資料外流在他們手上而感到不安!

有位朋友幫我問到一位律師,很巧的是他老婆也收到類似的一封信,跟我一樣是被說欠「和信電信通訊費」,不過律師處理的方式在此建議給各位:

  1. 先到遠傳(和信98年已被遠傳合併)直營門市填一張「未申辦聲明」,
    (制式勾表格而已)。

  2. 再到地院提「異議」,
    這樣就沒事了。

律師也說更簡單的作法,
其實只要在20天內跟地院提「異議」,地院就必須重起調查,開庭審理,其實也會沒事的。

壞就壞在我自認沒做這件事,覺得是詐騙事件就都仗勢天理還在,不處理。

我現在才學會有人隨意指控你,不要以為對方是瘋子、騙子就置之不理,你不說他是瘋子騙子,反倒自己變成百口莫辯的傻子!

其實事情發生到現在三個多星期,我還是處在訝異我們的民事訴訟處理流程可以如此簡單讓人受害。

詐騙集團可以只用兩封信、兩張紙(都沒有任何附件說明),讓我一個大學教授因懶散乖乖認輸賠錢,詐騙集團的專業實在比我的專業好賺太多 了。

所以我花五萬多上了一堂神奇的法律常識課,提醒大家別跟我犯一樣的錯誤!

請互相轉告:最新騙術

hope you manage to get out of this. lesson learned :frowning:

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Is there no such legal principle as “malicious prosecution” in Taiwan which allows a plaintiff to sue for damages including the cost of litigation? Maybe the professor in the above case needs better legal advice.

Are there any consequences for filing a frivolous lawsuit?

Most courts are overwhelmed by legitimate lawsuits. For this reason, judges find it particularly frustrating when a frivolous lawsuit is filed. Fortunately, judges have the authority to sanction lawyers and fine plaintiffs who file frivolous lawsuits.

What’s more, a defendant in a frivolous lawsuits can turn around and sue the plaintiff for malicious prosecution. A claim for malicious prosecution is a tort action, and damages include the costs of having to defend against the baseless lawsuit.

Could even crowdfund the lawsuit.

I would work hard to put the police in touch with Binance and vice versa.

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This is something I genuinely hadn’t thought of so its very valuable information to me.

This is fraud.

Faking your earnings to get a loan is fraud. Your friend may have been scammed in that she was sent stolen funds but what she was planning to do is also illegal.

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More like money laundering. If that’s not too speculative.

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don’t know details are similar or not

Changhua District Prosecutor’s Office Prosecutes Job Hunting for Joining a Fraudulent Syndicate:Court Verdict not Guilty

The Chen cabinet amends the law to combat fraud… the judiciary acquitted the repeated money mule, and the prosecutors forum criticized it!

What his friend was planning to do by faking her earnings to get a loan was loan fraud.

She admitted that part to explain the money laundering.

The money laundering is the part she denies I guess.

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One of my friends suffered from a type of “revenge fraud”

Basically a suspected ex business partner who he sued successfully set up some crypto scam and put my friends bank details on it.

It was obviously set up not to make money but to try to frame my friend and put him in jail…

Luckily my friend was able to get it all sorted and police didn’t decide to prosecute…

That’s what I was thinking. It’s not her who’s doing the washing, but the next level up. She’s a pawn. I’d never allow someone access to my bank account if they were doing sneaky shit like that.

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It’s a relief that cyber crimes can be easily sorted out in Taiwan.

I’ve always wondered about this kind of thing because so many people share their bank accounts online when the sell things.

The assume nothing can happen because money can only be put in.

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The main problem that came from that is that his main business bank account was completely frozen and even once released it needed new numbers and basically a whole new account… I do wonder what would’ve happened in terms of legal repercussions if it was his personal account though… Maybe it might’ve been more difficult to prove otherwise

Oh for sure, luckily (I guess?) she never did the loan application so her case is purely based on the 2m.

From what I could gather, it was the victims reporting the fraud that kept flagging her up, even though it was after she herself had already reported it.

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source

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