Friday, December 10, 2010

Moving Out Of Country Gifts

The difficulty of prosecuting internet fraud


As we all know, crime has found a good vein and even Internet telephony mobile, for all types of fraud and at the moment are still very frequent bank fraud, deceptive sales and purchases, scams, etc.etc.

The big problem with this type of crime telematics is the persecution and that, except in cases of highly relevant criminal or economic significance is very difficult to pursue and secure a conviction of the guilty and compensation. The injured are usually left with stupid face after seeing her complaint to police and judicial bodies, is sterile.

I will explain the fraud that has happened to me only a few months ago and is illustrative of how difficult it is pursuing this type of crime.

Just before starting my vacation in August, I damaged the machine. I search on Google to find a service center and I come across a page servicioasistenciatecnica.com "in the first place of search (which gives me some confidence). I go and see that others have the logos of the manufacturer of my machine. I get on the phone, I attend a South American person and me that if assisting my brand of washing machine. He facilitated my personal and my telephone number and tells me that soon the nearest technician will contact me. So far so good and a great professional neatness.

few hours later the technician called me to confirm whether we are home and said that in half an hour will do the repair. Appears with British punctuality, disassemble the housing with so much ease and undoubted says he has broken the electronic module. As you do not have in stock says it will have to ask the factory and again in three days to leave the repair is complete. Upon leaving work extends a hand and tells me I have to let a signal of 70 € (said to be the amount of output, displacement and budgeting). I tell him I had never asked for anything to count and with great certainty say that now it is unusual for all technical services.

Well, as I saw so professional and so "technical" I give the 70 €. He hands me the part of the work and receipt of 70 € and goes. In three days I will return to complete the repair .... The technical and educated modosita "never again ".... more I had been ripped off .. I called the service house officer arrived, saw the machine, repaired the damage that was small and I said what the famous electronic module was false. He told me he had a bunch of South Americans who were advertised on the internet, that official logos brands copied known and practiced such fraud. I was faced fool. Immediately, with all the anger in the world and everything I know right, I initiated several legal mechanisms to pursue this fraud.

As a first step to send a burofax two street addresses that appeared on the website. He was received but there was no response.

As a second step giving reports to the English Agency for Data Protection to mess a good package to the "theoretical Service" that clearly violates the Organic Law on Data Protection. Three months later, the Agency has not yet initiated proceedings any (must be they are too busy). I make the same claim for the enforcement of the Law of Services of the Information Society .... I'm still waiting.

As a third person before me as the police station and lodged a complaint .. The acting agent tells me this is the day our daily bread. Judicial Police who will contact me to initiate the investigation, but .... bad thing .... Doubts that anything can be done .... Actually has not done anything for three months after the police has not yet been contacted at all.

is a crime in Spain, the website is used as bait is located in Spain, which have an address in Spain (well, in this case seems to change every two months flat.) It would therefore be relatively easy to find and arrest these criminals, but what is the problem? ... Fraud, 70 € seems a very small amount to start the judicial machinery. I am convinced that, if instead of 70 is € 7,000 the next day all the members of this fake company would be arrested and brought to justice.

you imagine (even when the amount of fraud is very large) what if I yea to pursue a crime in Spain, through a web located anywhere in the world and that criminals are not in a English soil. Well, get in the worst.

is true that a European Convention and an agreement to pursue Ivernet scams in both European countries and in other countries, but in reality there is very little practical use. The great difficulty is the amount of fraud, which, in most cases is usually very low.

resulted
If I cheated, I live in Spain, I have to file a complaint before a English court and the judicial process begins. This requires requesting cooperation international and need to send a letter rogatory to the State where are located the ciberdeluncuentes. And here come the two main problems: One the amount of fraud and another lengthy procedure.

Speaking amounts: If these criminals abide in U.S. American courts say that for less than $ 5000 or move. If it comes to European courts, because that just is not worth moving the judicial machinery for so little money. If it comes to American courts, and you better not answer and will respond by saying that ... not found. And if it comes from other countries probably will not answer.

Speaking of slow procedure: The English courts have a very slow and probably take longer than sesis months to file a letter rogatory. This committee, in the best, if it is handled will be handled in a period of not less than six months ... In short, there will be one year and in that time offenders will have been gone.

So, in conclusion: It is really difficult and slow internet chase fraud and therefore, my best recommendation is that, even without fear of network, we are cautious, say a minimum safe care, we on guard and try not to fall into the trap. In short, the same precautions we put in the streets and in our house so we do not steal, let's put on the internet.

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