Case Law Database

Cybercrime

Computer-related acts for personal or financial gain

• Fraud

Keywords

• Electronic Evidence

Participation in an organized criminal group

Offences

• Participation in criminal activities of organized criminal group

Keywords

• criminal association

TGI La Roche sur Yon, jugement du 24 septembre 2007

Fact Summary

This case concerns an organized criminal group that used dating websites to scam victims in 2006. Members of the group would pass as a woman having recently inherited money and needing help to get the money to France from Africa. They would offer 25% of the inheritance in exchange for help to get a suitcase containing the inheritance in bills that had been physically darkened for protection from theft. The group would then forge documents showing the suitcase had passed customs and arrange to meet the victim. The leader of the group would act as a diplomat in charge of transporting the suitcase, with other members acting as his chauffeur and his secretary. Another member would act as the director of a chemical company and show the victims how to bleach the darkened bills in order to return them to their original state. The group would then ask the victim EUR 50 000 in exchange for the chemicals to bleach the bills.

Another member of the group also scammed two other victims by taking money from them for investment in a company which did not exist.

Commentary and Significant Features

This case is an example of a "romance scam" where the offenders identify potential victims on dating sites and prey on their loneliness and credulity. The offenders build a fake relationship with their victims and once they have gained their trust, ask for help and money to resolve a situation (in this case the request was always the same: help in getting a suitcase full of bills out of another country). After receiving the money, the offenders usually tend to disappear and not contact their victims. The modus operandi of the offenders in this scam was notable as the offenders would later meet their victims to try to get more money from them, combining the online scam with an in-person one.

Sentence Date:
2007-09-24

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)

Investigation Procedure

Special investigative techniques

• Electronic or other forms of surveillance

Comments

During the investigation, the leader of the group was the first arrested and placed in pre-trial custody. Following his arrest, investigators learned through a wiretap that the member that had acted as the director of the chemical company took over and continued the scam. He and the chauffeur were later arrested and placed in pre-trial custody. A European Arrest Warrant was issued against a further member of the group. This person was, however, not located and was subsequently tried in absentia.

 

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    TGI La Roche sur Yon, jugement du 24 septembre 2007
  • Decision Date:
    Mon Sep 24 00:00:00 CEST 2007

    Court

    Court Title

    Tribunal de grande instance de la Roche sur Yon

     

    Location

  • City/Town:
    La Roche sur Yon
  • • Criminal

    Description

    Of the six defendants arrested, five were convicted of committing fraud as part of a criminal group. The last defendant was charged with fencing the money resulting from the fraud but was acquitted by the court.

    Franck A., Adewale O., Charles E. and Vanina E. were sentenced to pay jointly EUR 10,000 to the first victim. Franck A. and Charles E. were sentenced to jointly pay EUR 538 to the second victim. Franck A., Adewale O. and Charles E. were sentenced to jointly pay EUR 10,000 to the third victim. Franck A., Michel C. and Charles E. were sentenced to jointly pay EUR 15,950 to the fourth victim and EUR 30,305.70 to the fifth victim. Michel C. was sentenced to pay EUR 50,000 to the sixth victim.

     
  • Sentences:
  • Victims / Plaintiffs in the first instance

    Victim:
    Victim 1
    Gender:
    Male
    Victim:
    Victim 2
    Gender:
    Male
    Victim:
    Victim 3
    Gender:
    Male
    Victim:
    Victim 4
    Gender:
    Male
    Nationality:
    Netherlander
    Victim:
    Victim 5
    Gender:
    Male
    Nationality:
    Netherlander
    Victim:
    Victim 6
    Gender:
    Female

    Defendants / Respondents in the first instance

    Defendant:
    Franck A.
    Gender:
    Male

    Franck A. was the leader of the organized criminal group. When meeting the victims, he would act as a diplomat charged of bringing them the suitcase full of bills.

    Defendant:
    Adewale O.
    Gender:
    Male

    Adewale O. played the role of the chauffeur of Franck A. He also helped in the organization of the scam by handling the bills and paying members of the group.

    Defendant:
    Vanina E.
    Gender:
    Female

    Vanina E. acted as the secretary of Franck A.

    Defendant:
    Michel C.
    Gender:
    Male

    Michel C. acted as the head of a chemical company in charge of supplying the victims with chemical products to bleach the bills.

    Defendant:
    Charles E.
    Gender:
    Male

    Charles E. was responsible for handling the fake darkened bills.

    Defendant:
    Annick A.
    Gender:
    Female

    Annick A. is the wife of Franck A.

    Charges / Claims / Decisions

    Defendant:
    Franck A.
    Legislation / Statute / Code:

    Code pénal [Criminal Code] arts 313-1 and 313-2

    Charge details:

    Scam as part of an organized criminal group

    Verdict:
    Term of Imprisonment:
    5 years
    Other sanctions:

    Franck A. was sentenced to a five year ban from entering France.

    Defendant:
    Adewale O.
    Charge details:

    Adewale O. was charged with, and convicted of, the same offence as Franck A.

    Term of Imprisonment:
    3 years
    Other sanctions:

    Adewale O. was sentenced to a five year ban from entering France.

    Defendant:
    Vanina E.
    Charge details:

    Vanina E. was charged with, and convicted of, the same offence as Franck A.

    Term of Imprisonment:
    1 year 6 Months

    The term of imprisonment imposed on Vanina E. was suspended in whole.

    Defendant:
    Michel C.
    Charge details:

    Michel C. was charged with, and convicted of, the same offence as Franck A.

    Term of Imprisonment:
    5 years
    Defendant:
    Charles E.
    Charge details:

    Charles E. was charged with, and sentenced for, the same offence as Franck A.

    Term of Imprisonment:
    5 years
    Other sanctions:

    As Charles E. was tried in absentia, the court decided to maintain the European Arrest Warrant issued against him.

    Defendant:
    Annick A.
    Charge details:

    Concealment

    This charge related to the concealment of the money fraudulently acquired by Franck A.

    Verdict:
    Not Guilty

    Court

    Tribunal de grande instance de la Roche sur Yon