Lottery Fraud / Nigerian Fraud / 419

Fraud

Different types of Advance Fee Different types of Advance Fee FraudFraud

Inheritance Fraud

Dating or romancing fraud

Online gulf job fraud

419 fraud /Lottery Fraud / Nigerian Fraud

Installation of Towers

Impersonation of official

Loan Scams

Renewal of policies

F.I.RF.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 cocacolaprize201078@live.com”. 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 Applicable sections of lawlaw

Sec. 419/420/465/468/471 IPC

Sec. 66-C/ 66-D of the Information Technology Act-2000

Modus OperandiModus OperandiThe fraudsters allured the victim to deposit the money in their bank account on different pretext:-

•Custom clearance

•RBI Clearance

•Income tax

•Issuing of Inspection certificate, ownership certificate

•For depositing of token sum of money

Pre-RequisitesPre-Requisites

From Complainant

From Bank

From Mobile Service Provider

From E-mail Service Provider

From Internet Service Provider

From Complainant 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 BankFrom Bank

• A.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 From Mobile Service ProviderProvider• C.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 From E-mail Service ProviderProvider• Account Registration Details in

respect of the alleged e-mail accounts

• Log details in respect of e-mail account

•Mobile Phone Number used at the time of registration of those e-mail accounts

• Alternate e-mail account

From Internet Service From Internet Service ProviderProvider

• User Subscriber Details of IP address of the fraudster’s e-mail account

• Cell Phone Number / Landline Telephone Number / Wired connection details through which internet connection was extended to the accused’s 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 victim

• Mobile 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 Bank

• The 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 Bank

IO 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 Bank

• If 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 Bank

• To 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 account

• No 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 Authority

The 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 Provider

The 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 Diary

The 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 Investigation• After 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 Account

Criminal 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 TamilNadu

Madras High Court

Date of Order:- 20.12.2013

Crl.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 Account• The 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 Commissioner Of Police, Egmore, Chennai

Madras High Court

Date of Order:- 30.08.2013

Petitions filed under Section 482 of the Criminal Procedure Code praying for a direction directing the respondents herein to defreeze the petitioners' bank accounts maintained with the respective 3rd respondent-Bank.

• From the dictum laid down in the judgments relied on by the learned senior counsel for the petitioners it is clear that the bank account is a property within the meaning of Section 102 of Cr.P.C and sub-section (3) to Section 102 requires the reporting of seizure of the property to the concerned Magistrate forthwith, which is mandatory in nature. Moreover, the freezing of bank account is an act of the investigation and therefore, the duty is cast upon the Investigating Officer under Section 102(3) of Cr.P.C. to report the same to the Magistrate, since the freezing of the bank account prevents the person from operating the bank account pursuant to an investigation by the Police in a criminal case registered against him.

• If there is any violation in following the procedures under Section 102 of Cr.P.C., the freezing of the bank account cannot be legally sustained. Since in the case on hand the 2nd respondent-Police has not reported the freezing of the bank accounts of the petitioners herein to the concerned Magistrate forthwith, which is mandatory under Section 102(3) of Cr.P.C., the proceedings of the 2nd respondent-Police in freezing of the bank accounts of the petitioners herein are not legally sustainable.

• The I.O will make correspondence to the E-mail service provider for obtaining information in respect of E-mail account of the fraudsters

• The Investigating Officer will make correspondence with the Internet Service Provider to furnish the information (User subscriber & other relevant details)in respect of IP addresses

• The Investigating will locally verify the Subscriber details of the concerned IP address and thoroughly examined the person.

Search & Seizure

• The Investigating Officer will then search for the Computer appliances, especially Laptops, mobiles, ATM Cards, Credit cards, Debit cards and other relevant documents from the premises of the accused persons.

• Arrest & Seizure:- At the time of arrest the investigating officer has to seize the following incriminating articles from his possession and prepare the seizure list in presence of two independent witnesses:-

• Laptop

• Computer system, its other components (Monitor, CPU, UPS, Keyboard, Mouse)

• Hard Disk from the seized CPU

• Modem

• Pen Drive /USB Drives

• Mobile Handsets

• SIM Cards

• Memory SD Card

• Dongles

• Telephone Bills

• ID proof document of the accused

• Documents pertaining to the ownership of the house

• At the crime spot, the whole computer system with its accessories along with the Hard Disk be seized from the possession of the accused system be kept in zima with the accused except Hard Disk

• The Investigating Officer will send the seized articles to the Forensic Science laboratories for examination and opinion.

Thank You