The Electronic Spanish Prisoner: Romance Frauds on the Internet
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Cyber Romance Scam Victimization Analysis Using Routine Activity Theory Versus Apriori Algorithm
(IJACSA) International Journal of Advanced Computer Science and Applications, Vol. 9, No. 12, 2018 Cyber Romance Scam Victimization Analysis using Routine Activity Theory Versus Apriori Algorithm Mohd Ezri Saad1 Siti Norul Huda Sheikh Abdullah2, Mohd Zamri Murah3 Commercial Crime Investigation Department Center for Cyber Security Faculty of Information Royal Malaysia Police, Bukit Aman Science and Technology Bangi, Kuala Lumpur, Malaysia Selangor, Malaysia Abstract—The advance new digital era nowadays has led to These cyber romance scams has fraud Australians out of the increasing cases of cyber romance scam in Malaysia. These millions every years [1], [5]. No exception to Malaysia that technologies have offered both opportunities and challenge, has been the top 6 countries that recorded highest number of depending on the purpose of the user. To face this challenge, the cybercrime cases, with total loses reaching RM1 billion key factors that influence the susceptibility to cyber romance (Source: Bernama Report in 2014). Other countries like scam need to be identified. Therefore, this study proposed cyber Taiwan, China, Thailand, Indonesia and Hong Kong also were romance scam models using statistical method and Apriori listed together. While, Sophos Threat Report in 2014 stated techniques to explore the key factors of cyber romance scam that cybercrime attacks have been increased in the first quarter victimization based on the real police report lodged by the of 2014 and 81% of them happened in Malaysia. This victims. The relationship between demographic variables such as phenomenon was in line with the rapid growth of Malaysia's age, education level, marital status, monthly income and independent variables such as level of computer skills and the digital economy [6]. -
A Timely History of Cheating and Fraud Following Ivey V Genting Casinos (UK)
The honest cheat: a timely history of cheating and fraud following Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 Cerian Griffiths Lecturer in Criminal Law and Criminal Justice, Lancaster University Law School1 Author email: [email protected] Abstract: The UK Supreme Court took the opportunity in Ivey v Genting Casinos (UK) Ltd t/a Crockfords [2017] UKSC 67 to reverse the long-standing, but unpopular, test for dishonesty in R v Ghosh. It reduced the relevance of subjectivity in the test of dishonesty, and brought the civil and the criminal law approaches to dishonesty into line by adopting the test as laid down in Royal Brunei Airlines Sdn Bhd v Tan. This article employs extensive legal historical research to demonstrate that the Supreme Court in Ivey was too quick to dismiss the significance of the historical roots of dishonesty. Through an innovative and comprehensive historical framework of fraud, this article demonstrates that dishonesty has long been a central pillar of the actus reus of deceptive offences. The recognition of such significance permits us to situate the role of dishonesty in contemporary criminal property offences. This historical analysis further demonstrates that the Justices erroneously overlooked centuries of jurisprudence in their haste to unite civil and criminal law tests for dishonesty. 1 I would like to thank Lindsay Farmer, Dave Campbell, and Dave Ellis for giving very helpful feedback on earlier drafts of this article. I would also like to thank Angus MacCulloch, Phil Lawton, and the Lancaster Law School Peer Review College for their guidance in developing this paper. -
Court of Appeal Confirms Ivey Test for Dishonesty Is Correct and Clarifies the English Court’S Approach to Rules of Precedent
Court of Appeal confirms Ivey test for Dishonesty is correct and clarifies the English Court’s approach to rules of precedent Published 27 May 2020 An important decision for the determination of offences involving dishonesty and of note for international parties involved in litigation in England. Introduction On 29 April 2020, the Court of Appeal heard what can fairly be regarded as an optimistic appeal made by David Barton and Rosemary Booth against their convictions for multiple counts of conspiracy to defraud, fraud, theft and false accounting. The allegations relate to the extraction of millions of pounds from wealthy individuals by the owners and operators of a luxury care home facility over a number of years. In the Liverpool Crown Court, Mr Barton was convicted 10 counts and sentenced to 21 years imprisonment and Mrs Booth convicted on 3 counts and sentenced to 6 years’ imprisonment. The Appeal Of the multiple grounds of appeal raised, the primary ground related to the law of dishonesty and whether the decision in Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67 was the correct approach to dishonesty and if so, was it to be followed in preference to the test described in R v Ghosh [1982] QB 1053. At first instance, the Judge had directed the jury on the issue of dishonesty by reference to Ivey rather than Ghosh. In doing so, he did what the Supreme Court in Ivey indicated he should. The Appellants argued that the Judge should have followed Ghosh because the observations of the Supreme Court in Ivey were made Obiter whilst Ghosh remained binding authority. -
Fakers and Forgers, Deception and Dishonesty: an Exploration of the Murky World of Art Fraud†
Fakers and Forgers, Deception and Dishonesty: An Exploration of the Murky World of Art Fraud† Duncan Chappell and Kenneth Polk Abstract This article examines the problem of fraud in the contemporary art market. It addresses two major cases where persons have been convicted of art fraud in recent years in Australia, examining the legal context within which the prosecutions took place. It then examines problems in common terms such as ‘forgery’ and ‘fakery’. The final sections review the different ways that issues of authenticity in art are addressed in possible cases of art fraud, and examines the question of why so little art fraud comes to the attention of the criminal justice system. Introduction Art fraud, especially allegations of the circulation of spurious works of art, seems a common topic for contemporary mass media. Certainly, the present writers, as criminologists, have encountered numerous allegations of false works in the art market in our many interviews and contacts with leading figures in the Australian context over the past decade. At the same time, as we shall see, almost no cases of art fraud work their way through the court system, either in this country or overseas. This suggests that there may be significant barriers within the criminal justice system that make it difficult to prosecute successfully this form of fraud. The purpose of the present discussion is to examine the crime of art fraud in terms of the major elements that have to be established for a prosecution of the crime, based in large part upon two recent Australian prosecutions of this type which have been successful, and then go on to examine some of the reasons why such prosecutions are so rare. -
FRAUD ACT 2006 - “Making Off” , “ Refusing to Pay” , Doing a Runner”: ( by R.J
FRAUD ACT 2006 - “making off” , “ refusing to pay” , doing a runner”: ( by R.J. April 2009) Making off without payment, or bilking, is now caught by the Fraud Act 2006 Sections 2 and 11 are relevant, however, charges are most easily laid under section 11- ' Obtaining services dishonestly ': The elements of the offence are that the Defendant: • obtains for himself or another • services • dishonestly 1 • knowing the services are made available on the basis that payment has been, is being or will be made for or in respect of them or that they might be and • avoids or intends to avoid payment in full or in part. 2 This offence replaces obtaining services by deception in the Theft Act 1978 which is partly repealed by the Fraud Act. In many cases, the Defendant will also have committed an offence under Section 2 of the Act (Fraud by making a false representation - that payment will be made or made in full). Prosecutors must decide which offence better reflects the criminality involved. The maximum sentence for the Section 11 offence is five years imprisonment; but a fixed penalty may be given. The services must be provided on the basis that they will be paid for; “ they are made available on the basis that payment has been , is being, or will be made, for or in respect of them. The Defendant must intend to avoid payment for the service provided (in full or in part). Actions a driver could take: Phone the police. You can take the offender to the police station, but you must be aware that you are making a citizen's arrest. -
An Overview of the Law of Conspiracy in Selected Jurisdictions
American International Journal of Contemporary Research Vol. 8, No. 2, June 2018 doi:10.30845/aijcr.v8n2p6 An Overview of the Law of Conspiracy in Selected Jurisdictions Dr. A. O. filani Senior Lecturer Department of Jurisprudence and International Law Ekiti State University Nigeria Abstract The paper examines the law of conspiracy in Nigeria, Australia, India, Uganda and England. It examines the applicable laws in these jurisdictions and the position of the judiciary. The paper equally examines defences available to persons charged with conspiracy. The idea of punishing conspirators as if they had committed the offence they conspired to commit as shown in various enactments in Nigeria is a welcome development. Keywords: Conspiracy, Agreement, Over Act, Jurisdiction, Punishment. Introduction The offence of conspiracy in Nigeria is governed primarily by the Penal Code 1 and the Criminal Code. 2 In India, the offence is governed by the Indian Penal Code.3 In the Australian State of Queensland, the primary legislation is the Criminal Code of 18994 from which the Nigerian Criminal Code and the Ugandan Penal Code are derived.5 In England, the offence is both a common law offence and a statutory offence under the Criminal Law Act, 1977. The offence of conspiracy has no definition under the Penal Code and the Criminal Code of Nigeria. But since the common law is in force in Nigeria, it must bear the same meaning as in England as an agreement of two or more persons to do an act which is an offence to agree to do so.6 In Eyo v State,7 defining conspiracy, the court had this to say to wit: Conspiracy is an offence in the agreement of two or more persons to do or cause to be done an illegal act or legal act by illegal means. -
Romance Scams Spotlight
Romance scams take record dollars in 2020 They say love hurts. With romance scams that’s obvious reason may be the pandemic limiting our doubly true – hearts are broken and wallets are ability to meet in person. But outside the pandemic, emptied. For three years running, people have reported the share of people who have ever used an online losing more money on romance scams than on any dating site or app has also been rising.3 And romance other fraud type identified in Sentinel.1 In 2020, scammers are primed to take advantage. Scammers reported losses to romance scams reached a record fabricate attractive online profiles to draw people in, $304 million, up about 50% from 2019. For an often lifting pictures from the web and using made up individual, that meant a median dollar loss of $2,500. names. Some go a step further and assume the From 2016 to 2020, reported total dollar losses identities of real people. Once they make online increased more than fourfold, and the number of contact, they make up reasons not to meet in person. reports nearly tripled.2 The pandemic has both made that easier and inspired new twists to their stories, with many people reporting It is reasonable to wonder: what happened in 2020 to that their so-called suitor claimed to be unable to make these dollars losses continue to spike? An travel because of the pandemic. Some scammers have Consumer Protection Data Spotlight | February 2021 1 reportedly even canceled first date plans due to a the card’s PIN number to the scammer. -
The Impact of the Criminal Law and Money Laundering Measures Upon the Illicit Trade in Art and Antiquities, 16 Art Antiquity & L
+(,121/,1( Citation: Janet Ulph, The Impact of the Criminal Law and Money Laundering Measures upon the Illicit Trade in Art and Antiquities, 16 Art Antiquity & L. 39 (2011) Provided by: Arthur W. Diamond Law Library, Columbia University Content downloaded/printed from HeinOnline Wed May 29 15:10:28 2019 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at https://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device THE IMPACT OF THE CRIMINAL LAW AND MONEY LAUNDERING MEASURES UPON THE ILLICIT TRADE IN ART AND ANTIQUITIES Janet Ulph* INTRODUCTION A cursory glance at the pages of any daily newspaper will reveal that the theft of works of art and antiquities from private museums and collections is a serious problem. It is estimated that the international trade in looted stolen or smuggled cultural property is worth several billion US dollars per year. ' One needs to look no further than the theft in 2010 of five irreplaceable paintings by Picasso, Matisse, Braque, Modigliani and Leger from the Muse d'Art Moderne in Paris in May 2010.2 The disappearance of these prized objects is a source of distress, not only because those who visit the museum are now deprived of the pleasure of viewing them, but also because of fears that the objects might be damaged in the process of theft, as where a painting is cut from its frame, or that it may subsequently be stored in poor conditions. -
Q&A Criminal Law 2E © Mischa Allen, 2018
Allen: Q&A Criminal Law 2e Chapter 9: Mixed Questions Question 1 Robin met Louise one night at a disco. After the dancing had finished, Louise invited him back to her flat for a drink. Robin accepted and escorted Louise home where she drank several whiskies and became very drunk. Robin proposed sexual intercourse but Louise resisted and eventually fell asleep. Robin then had sexual intercourse with her both vaginally and anally. The next week, Robin invited Sandra out for a meal and afterwards they returned to her flat. Robin told Sandra that he was David Beckham’s brother and that if she had sexual intercourse with him he would arrange a meeting with the famous football player. This was untrue. Sandra agreed to the request. Six months later, both Louise and Sandra discovered that they were infected with HIV. Discuss any criminal liability arising from these facts. Answer guidance Firstly, the offence of rape under the Sexual Offences Act 2003. should be considered. The offence takes place where the defendant intentionally penetrates the victim without a reasonable belief in consent (s1 Sexual Offences Act 2003). S74, working along side s1 defines consent in the following terms: a person consents when she agrees by choice, and has the freedom and capacity to make that choice. That capacity is limited if the victim is drunk. The Act also allows the jury to presume lack of consent in certain circumstances, including a situation in which the victim is asleep or otherwise unconscious (s75(2)(d). It is unlikely that the jury will accept that Robin had a reasonable belief in Louise’s consent. -
Romance Scams Rank Number One on Total Reported Losses
Romance scams rank number one on total reported losses People looking for romance are hoping to be swept off need help with travel costs for a long-awaited visit is their feet, not caught up in a scam. But tens of another common ruse. thousands of reports in Consumer Sentinel show that a scam is what many people find. In 2018, Sentinel had Scammers can reap large rewards for time spent more than 21,000 reports about romance scams, and courting their targets. The median individual loss to a people reported losing a total of $143 million – that’s romance scam reported in 2018 was $2,600, about more than any other consumer fraud type identified in seven times higher than the median loss across all Sentinel.1 These reports are rising steadily. In 2015, by other fraud types.2 People often reported sending comparison, people filed 8,500 Sentinel reports with money repeatedly for one supposed crisis after dollar losses of $33 million. another. Romance scammers lure people with phony online profiles, often lifting photos from the web to create attractive and convincing personas. They might make up names or assume the identities of real people. Reports indicate the scammers are active on dating apps, but also on social media sites that aren’t generally used for dating. For example, many people say the scam started with a Facebook message. Once these fraudsters have people by the heartstrings, they say they need money, often for a medical People who said they were ages 40 to 69 reported emergency or some other misfortune. -
“Oh Ghosh, That's Not Dishonest!” a Note on the Test for Dishonesty
“Oh Ghosh, that’s not dishonest!” A note on the test for dishonesty. - R v David Barton and Rosemary Booth [2020] EWCA Crim 575 ∗ Lynn Ellison I. INTRODUCTION In a landmark decision, the Court of Appeal recently took the opportunity to clarify the test for dishonesty in criminal law. The question for the Court of Appeal was whether the Supreme Court’s obiter dicta on dishonesty in the civil case of Ivey v Genting Casinos (UK) (trading as Crockfords Club)1 were to be preferred to the longstanding authority of R v Ghosh.2 The decision has potentially important implications for the principle of stare decisis, as the Court of Appeal is bound by its previous decisions, but not technically bound by obiter statements of the Supreme Court. II. THE FACTS OF THE CASE The case facts are legally unremarkable. The defendants were, respectively, the owner and general manager of Barton Park, a luxury Southport care home. They were convicted of a number of offences of dishonesty as a result of their actions, over a period of 20 years, during which they obtained millions of pounds from elderly residents. The owner, Barton, while providing the residents with a luxury lifestyle, was found to have isolated his victims from their families and previous financial advisors. He then ‘groomed’ them to provide him with large sums of money, grant him power of attorney and change their wills in his favour. The general manager, Booth, acted as Barton’s ‘eyes and ears’ at the home and assisted him in his fraudulent activities. In his defence, Barton maintained that he had rescued the residents from their former unsatisfactory living situations, that all were grateful and that they had merely acted out of gratitude to Barton when making their financial decisions. -
Fighting Fraud: Senate Aging Committee Identifies Top 10 Scams Targeting Our Nation’S Seniors
United States Senate Special Committee on Aging Fighting Fraud: Senate Aging Committee Identifies Top 10 Scams Targeting Our Nation’s Seniors Senator Susan M. Collins (R-ME), Chairman Senator Robert P. Casey, Jr. (D-PA), Ranking Member Tips from the United States Senate Special Committee on Aging for Avoiding Scams • Con artists force you to make decisions fast and may threaten you. • Con artists disguise their real numbers, using fake caller IDs. • Con artists sometimes pretend to be the government (e.g. IRS). • Con artists try to get you to provide them personal information like your Social Security number or account numbers. • Before giving out your credit card number or money, please ask a friend or family member about it. • Beware of offers of free travel! If you receive a suspicious call, hang up and please call the U.S. Senate Special Committee on Aging’s Fraud Hotline at 1-855-303-9470 Note: This document has been printed for information purposes. It does not represent either findings or recommendations formally adopted by the Committee. Protecting Older Americans Against Fraud Unitedi d SSStates Senate SiSpeciall CommitteeCi on Aging i Table of Contents Dear Friends ...........................................................................................................................................3 Top 10 Most-Reported Scams ................................................................................................................4 Abbreviations ..........................................................................................................................................6