SCARS Institute’s Encyclopedia of Scams™ Published Continuously for 25 Years
Did you know that …
In order to arrest scammers, governments need to use everything available to them. Arresting criminals in sovereign countries can be difficult or impossible. So, Western Governments use a variety of laws and statutes as the basis to extradite criminals in every way possible.
Here is just one piece of that larger strategy.
There is a United States statute (FCPA) that criminalizes bribery of a foreign official for the purpose of obtaining or retaining business or an improper business advantage by inducing the foreign official to:
- Act or make a decision in his or her official capacity.
- Exercise influence to affect an act or decision of a government.
- Violate a lawful duty.
- Confer an improper advantage upon the payor of the bribe.
“Bribes” can include an offer or payment of “anything of value,” including, but not limited to, money, gifts, services, charitable donations, corporate hospitality and entertainment, the promise of future work or employment, or the award of a contract or business.
“Foreign officials” may include government employees, politicians holding elected office, candidates for elected office, employees of “public international organizations” (e.g., the United Nations), employees of a political party, employees of a company owned or controlled by a government, or an agent or consultant intermediary working on behalf of a foreign official.
Other anti-corruption laws may define foreign officials or foreign public officials more expansively.
This is one of the enforcement and extradition strategies that has been developed by SCARS for the U.S. Government to help apprehend the support personnel that enable scammers.
There is a similar law in the United Kingdom
This is a UK statute that is similar to the FCPA but with some key differences. Unlike some other anti-corruption laws, this UK law contains criminal offenses that apply to commercial bribery as well as to bribery involving public officials. Key offenses are summarized below.
- It is a crime to offer or pay bribes to any person in the public or private sectors. An offense can arise where someone offers any financial or other advantage with the intention that a person will perform their functions or an activity improperly (or, in other words, misuse their position) or as a reward for a person for doing so.
- Similarly, it is a crime to request or accept bribes. An offense can arise where someone requests or accepts any financial or other advantage with the intention that they will perform their functions or an activity improperly.
- These offenses can also be committed where the offer or request of a financial or other advantage is in itself improper (in other words, without anyone performing anything else improperly as a consequence).
There is also a separate offense of bribing a foreign public official, where a financial or other advantage is offered with the intention of influencing the official and of obtaining or retaining a business advantage.
Why is this important?
Because it allows law enforcement to arrest individuals who are involved in the scammer supply chain if they visit Western Countries when there is a suspicion of corruption in their countries between scammers and the government. For example – the scammer cartels use countless Mules and Runners that travel constantly.
It also allows for the potential extradition of scammers who are suspected of using bribery in their countries to avoid prosecution for the international online frauds they commit.
In these areas prosecutors and law enforcement look for every means available to close down scamming cartels. These are but a couple of the strategies being developed.
In the war on scammers, we need every advantage possible!
RSN Team
Miami Florida USA
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