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Received Stolen Money from Friend - Cyber Fraud Police?

Discussion in 'Criminal Law Forum' started by sho, 8 August 2014.

  1. sho

    sho Member

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    For the first time, I have gone through this I am in a situation which I am very worried about, but I wanted to know, could I be in trouble? A friend sent me money in my account and asked for me to take it out for him. It was a big amount, and I did take it all out for him and then gave it to his friend that he asked me to, but then after a few weeks the bank contacted me and said it was stolen money. I told them, but then didn't receive a call from them, but now it's been a year, or so but the detectives have come to my house to see me. I was not home, but when I called, they said that they wanted to talk to me. They were from the fraud cyber squad, which is fine but i have never done nothing wrong, or been in any situation like this, but I am guessing, it is only this situation. Can I be in a lot of trouble and go to jail under criminal law? I'm not worried in a way because I know I have not done anything, but I am scared they wont believe me...
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Sho,

    Unfortunately, it appears that you have fallen victim to a money laundering scam where you were unwittingly recruited as a money mule.

    The Australian Federal Police has an information sheet about the role money mules play in cyber fraud and money laundering: http://www.afp.gov.au/policing/cybercrime/internet-fraud-and-scams.aspx. They have recently been cracking down on money mules as they play an essential part in the money laundering process.

    If you have received any interest or payment from acting as a middleman, this will most likely be confiscated as "proceeds of a crime".

    Money mules can be prosecuted in particular circumstances. The best defence you have is to plead "no knowledge, actual or constructive, and no negligence or wilful blindness" in your part. Essentially, you need to show that you possessed no intention or mental element in assisting the crime. Having been contacted by the bank a year earlier and been informed that the money you transferred was stolen money will not help your case, as at this point, you should have contacted authorities and reported what you knew.

    I do recommend you speak with a criminal lawyer about this and cooperate with authorities as much as you can.
     
    Tim W likes this.
  3. Sarah J

    Sarah J Well-Known Member

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    Tim W likes this.

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