
SCARS Institute’s Encyclopedia of Scams™ Published Continuously for 25 Years

Scam Victims & Money Mules Are Being Arrested For Their Participation In Financial Fraud More Than Ever!
Law enforcement is going after and arresting scams/fraud victims more frequently now because this is believed to be an effective strategy to reduce the money flow/money laundering involved in these crimes.
Scam victims & money mules are arrested because they are easily identifiable targets! But this puts them in serious jeopardy of being convicted without a proper defense.
Victims Being Arrested Are Escalating
In the United States, thousands of scam victims and money mules are now being arrested every year!
To be sure, not every or even most scam victims are at risk. Here are some of the criteria that might lead to a law enforcement arrest:
- Money Mules
- Keeping a percentage of the money flowing through the money mule’s accounts – regardless of what the reason was, it may appear that the money mule is profiting and participating in the crimes.
- If the money mule does not stop when notified by the police that they are involved in a criminal activity, even if they were unaware by not heading the demands of the police they may become responsible.
- Depositing bad/fake checks and withdrawing the money before the check formally clears – this can be considered check or bank fraud.
- Forwarding money to a terrorist organization, or a transnational criminal syndicate that is a front for a terrorist organization.
- Money laundering – almost all money mules engage in this by definition.
- Wire fraud – as a part of one or more of those above.
- Drug trafficking – victims do visit locations requested by the criminals (as a victim, believing they are meeting their romantic partner), but are often asked to carry something back to their country or another country. Many times these are drugs or other contraband. This turns them into a drug mule!
- Scam Victims
- Who borrowed or obtained money from others under false pretenses – if the other person files a criminal complaint for fraud.
- Depositing bad/fake checks and withdrawing the money before the check formally clears – this can be considered check or bank fraud – this may not be for the benefit of the scammer, but it might be as a repayment by the criminals – check fraud is a serious crime.
- Sending money to a terrorist organization, or a transnational criminal syndicate that is a front for a terrorist organization.
- Victims visiting their romantic partner in the criminal’s country can often result in dangerous situations, such as kidnapping, or worse. But it can also involve the victim in the criminal’s activities unknowingly in a foreign country.
All of the above have resulted in victims/money mules being arrested and in most cases convicted and imprisoned.
Reporting Always Matters
The best way to avoid complications is to make sure that every victim reports these crimes immediately to their local police – local before national. This is important to establish your declaration that you are an innocent victim.
Most victims do not realize how precarious their situation might be if they do not report the crime. By not reporting it might appear that the victim is aiding and supporting the criminals. Nothing is hidden, eventually, law enforcement will find out. It is always better to take control of the situation by reporting the crime first.
Important considerations for reporting to your local police:
- If you were involved in any of the above, we strongly recommend that you discuss your situation with a licensed attorney first.
- Report to your local police first and obtain the report or incident number as your proof that you did, you may need this! Visit reporting.AgainstScams.org for more reporting information.
- Your report does not have to be perfect or complete, but honestly disclose any money you sent and received or other ways you may have helped the criminals.
- You can have your attorney prepare your statement and/or go with you to the police if you want.
If A Victim/Money Mule Is Arrested & Prosecuted
This is the worst-case scenario, but it does happen. However, if you have reported everything and followed the police’s instructions you should be ok – however, consulting an attorney when you are a victim of a crime is never a bad idea.
Prosecutions can be done on the state/provincial level or at the federal/national level. It is very important to understand what you are charged with and obtain the proper attorney for the kind of case. Not every attorney has experience with the specific laws that may be involved, so be sure to include this information when interviewing attorneys.
Possible Defense
Victims will not like this label, but they may well have been (under the eyes of the law) temporarily insane. This may be a defense strategy that you can use – however, discuss this with your attorney.
In the view of SCARS, victims are not to blame for their actions as a part of relationship scams. They were expertly lured, groomed, manipulated, and controlled. Their emotions were hijacked and susceptible to the will of the criminals. However, this is hard for people that do not know much about these crimes to understand.
Therefore the Temporary Insanity Defense might be an option
According to Cornel Law School:
TEMPORARY INSANITY
In a criminal trial, temporary insanity is a defense that can be raised to assert that, at the time of the commission of the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature or wrongfulness of the defendant’s acts. This defense is commonly used to contest the specific intent or mens rea required for certain offenses.
In some jurisdictions, courts do not differentiate between the temporary insanity defense and the traditional insanity defense, recognizing that insanity at the time of the offense is sufficient to raise a defense. For example, Colorado has asserted that “a defendant who was found to be legally insane at the time of the offense, but shortly thereafter regains sanity, may assert insanity as an affirmative defense.”
While jurisdictions differ in the requirements to demonstrate temporary insanity, the Supreme Court of Iowa has offered a representative standard, stating that:
“In order to be an excuse and defense for a criminal act, the person accused, and who claims [temporary] insanity as a defense, must prove that the crime charged was caused by mental disease or unsoundness which dethroned, overcame, or swayed her reason and judgment with respect to that act, which destroyed her power rationally to comprehend the nature and consequences of that act.”
Temporary insanity is often tied to intoxication, and courts have recognized intoxication as valid grounds to assert the defense. For example, Texas courts have held that while voluntary intoxication cannot excuse a crime, if the use of alcohol produces a state of mind that renders a defendant incapable of knowing the act that he is doing is wrong and criminal, then temporary insanity can be asserted to reduce the resulting penalty. Similarly, California has held that voluntary intoxication may establish temporary insanity as a partial defense to a criminal charge.
Lastly, jurisdictions like Florida, Arkansas, and Kentucky reject assertions of temporary insanity on the basis of extreme emotion, anger, and passion. Nonetheless, offenses committed under extreme emotional distress may still qualify for defenses such as crime of passion and extreme emotional distress.
Source: temporary insanity | Wex | US Law | LII / Legal Information Institute (cornell.edu)
It should be noted that the above applies in state cases, and federal cases may have different criteria. This is why it is so important to discuss each situation with an attorney,
According to LawInfo:
TEMPORARY INSANITY 101
A defense of “temporary insanity” is equally difficult to prove. If a defendant asserts temporary insanity as a defense, they are claiming that:
- They were legally insane at the time of the alleged crime
- They are lawfully sane now
Most states use one of the following four methods to determine temporary insanity:
- The M’Naghten Rule (sometimes called the right-wrong test): reviews mental defects that lead someone to believe in the rightness of their crime
- The Irresistible Impulse Test: reviews someone’s awareness and willpower that led to the crime
- The Model Penal Code Test (also called the substantial capacity test): reviews the person’s lack of ability to follow the law or see that a crime is wrong
- The Durham Rule (only used in New Hampshire): reviews the mental defect (such as paranoia) that caused the criminal conduct
If a court accepts the proof of temporary insanity and finds you not guilty, you are not likely to face time in a psychiatric facility.The temporary insanity defense is rare. It is typically used for circumstances where events leading up to the criminal act had a direct impact on the commission of the crime itself.
Common examples include:
- Victims of emotional, sexual, or physical abuse
- Family members seeking revenge for their victimized loved one
- Victims of cults or other psychological tactics
- People with unmedicated paranoid schizophrenia
INSANITY PLEAS IN THE LEGAL SYSTEM
The successful use of the insanity defense may be rare. However, its existence provides a critical moral check on the legal system.
It allows the law to enforce treatment, rather than punishment, on people who can’t understand their actions. Some people believe the insanity plea helps innocent victims of horrible circumstances and offers rehabilitation and a second chance to offenders.
Because these cases are complex, using an insanity defense is something that you should only attempt with the help of an experienced criminal defense attorney. An attorney will be able to examine your situation and help you determine whether this is actually the best option for mounting a defense.
Just remember that this may or may not apply in your jurisdiction.
Our Purpose
Our purpose in writing this article is not to assume what will happen to any specific victim or money mule, but rather to present information that can be helpful in understanding the consequences that can happen in a specific set of cases.
Most scam victims and money mules, if they have done the right thing and reported the crime have nothing to fear. But again, it is always advisable to speak with an attorney to be sure.
Remember, always report these crimes. If you did not report immediately, then do it now. Even if a year or more has passed you need to report it. Plus it might still be possible to recover some money, as in the case of cryptocurrency.
However, if a victim or money mule has been arrested, then we hope that the above information will prove useful!
Remember, if you are a victim, you are not alone. We are here to help you learn and understand what happened to you, and to support you emotionally through your recovery process, You can start right now by signing up for our free, confidential, professionally facilitated support & recovery groups by visiting support.AgainstScams.org
More:
- Loren Esse of Des Moines – Police Arrest A Money Mule (scamsnow.com)
- 67 Year Old Money Mule Convicted (scamsnow.com)
- Scam Victim Commits Crimes For Their Scammers (scamsnow.com)
- A Scam Victim That Does Not Report Can Be Arrested (romancescamsnow.com)
- Impact of Crime Victimization (romancescamsnow.com)
- Working With & Understanding Your Local Police (romancescamsnow.com)
Related Legal Information:
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To apply to join our groups visit support.AgainstScams.org
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Table of Contents
- If You Are Arrested – Victims Or Money Mules Are Being Arrested
- Suggestions For Actions & Possible Criminal Defense
- Scam Victims & Money Mules Are Being Arrested For Their Participation In Financial Fraud More Than Ever!
- Legal Disclaimer
- Victims Being Arrested Are Escalating
- Reporting Always Matters
- If A Victim/Money Mule Is Arrested & Prosecuted
- Possible Defense
- Our Purpose
- More:
- Related Legal Information:
- Do You Need Support?
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SCARS STAR™ Member - Scam Victim Self-Help Do-It-Yourself Recovery Books
- SCARS Printed Books For Every Scam Survivor From SCARS Publishing
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Important Information for New Scam Victims
- Please visit www.ScamVictimsSupport.org – a SCARS Website for New Scam Victims & Sextortion Victims
- Enroll in FREE SCARS Scam Survivor’s School now at www.SCARSeducation.org
- Please visit www.ScamPsychology.org – to more fully understand the psychological concepts involved in scams and scam victim recovery
If you are looking for local trauma counselors please visit counseling.AgainstScams.org or join SCARS for our counseling/therapy benefit: membership.AgainstScams.org
If you need to speak with someone now, you can dial 988 or find phone numbers for crisis hotlines all around the world here: www.opencounseling.com/suicide-hotlines
A Note About Labeling!
We often use the term ‘scam victim’ in our articles, but this is a convenience to help those searching for information in search engines like Google. It is just a convenience and has no deeper meaning. If you have come through such an experience, YOU are a Survivor! It was not your fault. You are not alone! Axios!
A Question of Trust
At the SCARS Institute, we invite you to do your own research on the topics we speak about and publish, Our team investigates the subject being discussed, especially when it comes to understanding the scam victims-survivors experience. You can do Google searches but in many cases, you will have to wade through scientific papers and studies. However, remember that biases and perspectives matter and influence the outcome. Regardless, we encourage you to explore these topics as thoroughly as you can for your own awareness.
Statement About Victim Blaming
Some of our articles discuss various aspects of victims. This is both about better understanding victims (the science of victimology) and their behaviors and psychology. This helps us to educate victims/survivors about why these crimes happened and to not blame themselves, better develop recovery programs, and to help victims avoid scams in the future. At times this may sound like blaming the victim, but it does not blame scam victims, we are simply explaining the hows and whys of the experience victims have.
These articles, about the Psychology of Scams or Victim Psychology – meaning that all humans have psychological or cognitive characteristics in common that can either be exploited or work against us – help us all to understand the unique challenges victims face before, during, and after scams, fraud, or cybercrimes. These sometimes talk about some of the vulnerabilities the scammers exploit. Victims rarely have control of them or are even aware of them, until something like a scam happens and then they can learn how their mind works and how to overcome these mechanisms.
Articles like these help victims and others understand these processes and how to help prevent them from being exploited again or to help them recover more easily by understanding their post-scam behaviors. Learn more about the Psychology of Scams at www.ScamPsychology.org
Psychology Disclaimer:
All articles about psychology and the human brain on this website are for information & education only
The information provided in this article is intended for educational and self-help purposes only and should not be construed as a substitute for professional therapy or counseling.
While any self-help techniques outlined herein may be beneficial for scam victims seeking to recover from their experience and move towards recovery, it is important to consult with a qualified mental health professional before initiating any course of action. Each individual’s experience and needs are unique, and what works for one person may not be suitable for another.
Additionally, any approach may not be appropriate for individuals with certain pre-existing mental health conditions or trauma histories. It is advisable to seek guidance from a licensed therapist or counselor who can provide personalized support, guidance, and treatment tailored to your specific needs.
If you are experiencing significant distress or emotional difficulties related to a scam or other traumatic event, please consult your doctor or mental health provider for appropriate care and support.
Also read our SCARS Institute Statement about Professional Care for Scam Victims – click here to go to our ScamsNOW.com website.
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