Bank account becomes a nominee account-

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Bank account becomes a nominee account

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In today's society, financial fraud cases are increasingly prevalent, with the issue of "fraudulent nominee accounts" being particularly alarming. This phenomenon involves scam groups using other people's bank accounts for illegal transactions, thereby concealing their criminal proceeds and evading legal punishment. The problem of nominee accounts not only jeopardizes individual financial security but also risks implicating innocent people in a criminal vortex. In light of this situation, understanding the operations of fraudulent nominee accounts and the legal risks behind them is crucial. This is not only to protect personal assets but also to prevent oneself from unwittingly becoming part of a fraud scheme. In this era of information technology, anyone can potentially become a target of fraudulent nominee accounts. Therefore, enhancing awareness and prevention of such scams has become an essential issue for everyone to address.

What is a fraudulent nominee account?

A "fraudulent nominee account" refers to a method used by fraud rings to conceal illegal income or transfer funds, by utilizing someone else's bank account for fraudulent activities. The owners of these accounts may be unaware or tricked into providing their account information. Fraudsters often employ various means, such as posing as legitimate employment, offering loan services, or exploiting personal relationships, to persuade individuals to provide their bank account details.

Once these accounts are obtained by the fraudsters, they are used to transfer illegal funds. For example, the proceeds of fraud might be deposited into these accounts, and then transferred to other accounts or withdrawn as cash, making the origin and destination of the funds difficult to trace. This practice allows the fraudsters to hide their identity and the traces of their illegal activities, while also exposing the real account holders to legal risks on behalf of the fraud ring.

Legally, if a bank account is used for illegal activities, even if the account holder is completely unaware and also a victim of fraud, they could still be deemed complicit in the fraudulent activities or as an accessory to the crime. This involves not only criminal liability but can also affect their credit record and future financial transactions. Thus, the existence of fraudulent nominee accounts poses a threat to public order and significant risk to individuals. In such cases, account holders are most often charged with "aiding fraud" or even "money laundering." According to Article 339 of the Criminal Code, fraud can lead to imprisonment of up to five years, detention, or a fine of up to 500,000 New Taiwan Dollars. Money laundering carries a sentence of up to seven years of imprisonment and a fine of up to 5 million New Taiwan Dollars. For aiding and abetting, the court will consider reducing the penalty based on the principal offender's sentence. Moreover, after being used as a nominee account, if an individual fails to take timely measures, such as reporting to the police or freezing the account, to prevent further illegal activities, this might be seen as condoning or assisting the fraudulent acts, thereby increasing legal liability.

The legal definition and handling of being accused of aiding fraud.

The crime of fraud refers to the act of using deception to induce someone to erroneously dispose of their property, thereby gaining unjust benefits for oneself or others. Aiding fraud, on the other hand, means not directly executing the fraudulent act but assisting or facilitating its occurrence.

Aiding in fraud may include providing false information, helping to plan the fraud scheme, providing tools used for fraud, or other forms of assistance, such as accounts in nominee account cases. These actions, though not directly perpetrating the fraud, play a key role in the execution of the fraudulent crime. Thus, even if not directly profiting from the fraud, those who assist in the act can be deemed guilty of fraud.

The concept of an accomplice in criminal law can be understood from the Supreme Court's 2020 verdict (number 3005): "In criminal law, aiding someone in committing a crime encompasses any act the aider is aware of the other person's determined criminal act and, with the intent to assist, provides aid before or during the commission of the crime, facilitating its execution and contributing to the outcome. The aider must be aware of the causal relationship between their assistance and the harmful consequence of the crime and still choose to act, indicating an intentional aid in crime. The assistance need not have a direct causal relationship with the crime outcome; any material or psychological support that benefits the result, even if not critical or indispensable, constitutes aiding in the crime."

Therefore, providing one's bank account for others to use can be inferred as aiding in fraud, especially as government agencies continually advocate against sharing personal account details. For instance, in a verdict by the New Taipei District Court in 2020 (case number 7491), it was stated: "The defendant in this case provided their bank card and PIN to members of a fraud group, enabling the group to withdraw money fraudulently obtained from the complainant. The act of providing a financial account, being beyond the constituent elements of the fraud crime in the Criminal Code, is considered as aiding in the fraudulent acquisition of property under Article 30, Paragraph 1, and Article 339, Paragraph 1, of the Criminal Code."

Methods for dealing with being deceived in regards to a bank account.

In the event of being deceived regarding a bank account, it is crucial to take prompt and appropriate action. Here are detailed recommendations for handling such situations:

Steps	Description	Precautions
Immediately report the account as lost.	Once you discover unauthorized use or suspicious transactions in your account, you should immediately notify the bank to report the account as lost and suspend all transactions.	Retain documents related to the account being reported as lost and any recorded conversations as evidence.
Gather evidence.	Collect all information related to the fraud, such as transaction records, unusual deposits or withdrawals, and internet communication logs.	Many individuals, upon receiving a notification from the police, panic and conversations with the fraud group, leading to insufficient evidence for the case. It is crucial to ensure the accuracy and completeness of information to protect your own rights.
Report to the police.	Take the relevant evidence to the nearest police station to file a report, and request a proof of the report.	Clearly express the situation and provide sufficient information to facilitate the investigation, and don't forget to obtain a copy of the police report after filing the complaint.
Follow up on the investigation progress.	Regularly contact the police to stay informed about the progress of the investigation.	The duration of each case varies depending on the investigation status. Maintain patience and cooperate with the police during the investigation.
Seek legal advice.	If the situation involves a significant amount of money or is complex, such as having multiple complainants, it is advisable to consider seeking assistance from a legal professional.	Choose an experienced lawyer who can provide the best protection for your complex case.
account security settings.	your account password, security questions, and other details with the assistance of the bank to enhance account security.	Regularly your passwords and avoid using easily guessable passwords.
Monitor account activities.	After the issue is resolved, continue to monitor the transaction records of your account to prevent recurrence.	Even after a case is closed, it's not guaranteed that the account is completely secure. It's advisable to set up bank transaction alerts to constantly monitor the account status and cash flow.
Learn and prevent.	Understand the methods of fraud and learn how to protect your personal financial information.	Pay attention to alerts and announcements from the police department, banks, and other agencies, such as warnings about new types of fraud, and remain vigilant.

Is it possible for a nominee account holder to receive a non-prosecution disposition? Please share examples.

Loan fraud nominee account.

The individual, in urgent need of a loan due to financial circumstances, searched online for loan options and ended up being exploited by unscrupulous individuals. After contacting a website, they received a LINE ID to add as a friend. On LINE, the names used by the fraud group were often along the lines of "ID Loan - Urgent Money Needs - Loan Network," posing as private loan contacts. The fraud group seriously asked the individual to fill out a loan application with their requirements. About a day later, they told the individual, "Your loan conditions may not qualify you for the amount you desire." Then, the fraud group claimed they could help increase income by inflating or embellishing the applicant’s financial conditions. The loan applicant, having a genuine need and without suspicion, gradually fell into the trap set by the fraud group.

Methods of the fraud group.

1. The fraud group requested the individual to provide their bankbook, ATM card, and PIN, falsely claiming it was to embellish their financial status.

2. They directed other victims to transfer money into the individual’s account and then instructed the individual to transfer or withdraw it. By this time, the fraud group had already withdrawn the other victims' funds, leaving only the individual waiting in vain for their loan. It was only after the bank alerted them of suspicious activity that they realized they had been used as a pawn by the fraud group. Subsequently, they faced a lengthy investigation process and extremely unfriendly interrogation methods, causing them great distress. After defense by their legal team, they received a non-prosecution disposition.

District Prosecutors Office: Non-Prosecution Disposition

I apologize for the previous response; it appears there was a misunderstanding regarding the translation request. You asked for a translation of a lengthy text in Chinese. Here's a simplified and accurate summary in English:

"Fraudulent groups continually evolve their tactics, despite government and financial institutions' efforts to educate the public and media exposure of such scams. Victims vary in education, income, and social experience. It's unreasonable to assume that individuals, including bank account holders, should possess the same level of vigilance as legal professionals when dealing with scams. People from lower socio-economic backgrounds face more risk due to limited knowledge and financial vulnerability. The law should only penalize those who intentionally aid criminals, not those who trust without a rational basis.

To navigate such cases, it's crucial to seek legal assistance, provide evidence, and present practical insights to persuade prosecutors for non-prosecution decisions. Facing accusations of involvement in fraudulent activities requires patience and effective defense, as uninformed decisions can lead to undeserved consequences.

When dealing with fraudsters, proactive prevention measures are essential. Managing bank accounts rigorously and staying vigilant about suspicious financial transactions are key steps. Understanding relevant legal definitions and responsibilities is also crucial. Reporting potential misuse of accounts, seeking professional legal help, and increasing awareness are vital actions to protect oneself from fraud.

If you have questions or need assistance, consult a legal professional for advice and support."

Please note that this is a summary, as per your request for brevity and accuracy, and doesn't include any additional explanations or information.

FAQs

When I discover that my bank account has been used as part of a fraudulent scheme, what should I do?

A：When you discover that your bank account has been used as part of a fraudulent scheme, the first step is to immediately report the loss of your passbook and debit card and contact your bank for appropriate measures. Next, file a police report as soon as possible and request a copy of the report as evidence for future reference. Additionally, seeking assistance from a professional attorney to assess your case and provide legal advice is also crucial.

If my account is used to assist in fraud, what legal consequences could I face?

A：If your account is used to assist in fraud, you may face criminal liability, including under Article 339 of the Criminal Code, which could result in a prison term of up to five years, detention, or a fine of up to 500,000 New Taiwan Dollars. Money laundering offenses could lead to a prison term of up to seven years and a fine of up to 5 million New Taiwan Dollars. The degree of assistance and individual case circumstances will be considered by the court in determining the level of liability, typically following the penalties applicable to the principal offender.

If I'm accused of aiding fraud, how should I respond?

A：If you are accused of aiding in fraud, the first step is to remain calm and seek the assistance of a professional attorney. An attorney can help you understand the case, prepare for questioning, and represent your interests by presenting a strong defense during the investigation and trial process. Additionally, collecting and preserving all relevant evidence, such as communication records and bank transaction records, is crucial in proving your innocence.

Reference：Chapter 32 of the Criminal Code: Fraud, Breach of Trust, and Usury Offenses.

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