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Scammer using my mom bank account

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asked on Jan 4, 2021 at 14:13
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edited on May 29, 2021 at 22:29
 
I'm having a problem where my mom's bank account has been used for scamming purpose in 2016 in Malacca. She's been charged under Section 424 and has been remanded on last November.

Background story:
My mom been living in Sabah and never set her foot to Peninsular Malaysia during the scamming period and came from a small rural area. In 2016, she went to Kota Kinabalu and one of the envelope containing her credential (ATM cards, IC number, ATM PIN) was missing/misplaced. Later that year, that account was reported scamming people and has been used to withdraw money from one of ATM in Cheras.

Long story short, my mom received a police letter letting her know that she needed to go to Malacca Police Station to settle her case. During the interrogation, the police officer forcing her to plead guilty so the punishment would be reduced a lot and easier for them. 

My questions are:

1) Should I appeal the case by hiring a lawyer? 

Since we are in a financial crisis during pandemic. Travelling Sabah-Malacca + hiring a good lawyer is something that we can hardly afford. For the record, I've been trying to contact the Yayasan Bantuan Guaman Kebangsaan (YBGK) Malacca, they asked for us to go to their office but we are in Sabah. 

2) Should my mom plead guilty and just pay for the punishment for a crime that she didn't commit?

Thanks!
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5 Answers

answered on Jan 4, 2021 at 15:46
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edited May 29, 2021 at 22:32
 
@Cyndeekhaw,

My personal readings and knowledge only..

1) Should I appeal the case by hiring a lawyer?
If your mother has not been convicted yet, you have to appoint a lawyer to contest the case. To appeal against the conviction, you also need lawyer services. Free legal services is not available for criminal charges.

2) Should my mom plead guilty and just pay for the punishment for a crime that she didn't commit?
Never plead guilty to any crime but let the court decides based on circumstances. The moment one pleads guilty, the maximum penalties WILL apply. 

3. Your mother should have been charged as a money mule (similar to as a drug mule). It is similar to being as an accomplice to a crime committed.

4. Money mules can be charged under Section 424 of the Penal Code for fraudulently concealing monies and Section 29(1) of the Minor Offences Act 1955 for being in possession of stolen goods.

Without a lawyer, you would not know what are the actual charges and what was being admitted in the police interrogation.

(Caveat: The above comment is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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answered on Jan 4, 2021 at 20:45
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edited May 29, 2021 at 22:38
 
You asked a question on Jan 4, 2021 at 14:13.

From a long story to a short story then to another story in just 90 minutes..

Your story or your mother's will never hold any water in a court of law.

Original story was she "lent it" to a friend, now lost in an envelope.. why leave your ATM card and IC(?) in an envelope and not her purse/bag especially when outstation? A police report at that time would have solved the accusation.. a bank cancellation would be useful not including that a police report is mandatory required for issuance of replacement IC...

And how did she manage to come to Melaka when in November 2019, when there is a travel BAN between West and East Malaysia?

Ref: https://www.lawyerment.com/answers/questions/13848/current-news-updates-of-immigration-and-moh-ministry-of-health-in-malaysia-with

In Thailand, she would be charged under Section 83 and Section 86 of the Thai's Criminal Code which carries a mandatory jail term not exceeding 3 years plus having fines.

We would be made fools here to make further comments in this thread with long and short stories made up of cock-and-bull story.
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answered on Jan 5, 2021 at 03:19
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edited May 29, 2021 at 22:42
 
@Tanavaroot

I’m (the writer) is writing this thread on behalf of my friend. Upon checking the story again, it was my misinterpretation and been edited. I can assure you that the case exists and not a made up story.

She is a lady from a rural area in Sabah and having a purse or handbag is a luxury things to have. It was her mistake for not lodging a police report when her ATM card went missing as she didn't expect this to happen as she doesn’t use that account anymore and if you read correctly, I only mention IC Number, not her MyKad. The only things inside the envelope are the ATM Card, some credentials written on a paper to be exact consisting her IC number, password.

Yes, you can travel from Sabah to KL on November 2019, there’s no travel ban on that period. You have to undergo a rt-PCR swab test upon arrival at KLIA which they conduct immediately after leaving the aircraft. I can provide you the airlines ticket as well.

I’m trying help my friend seeking for opinion. Her mother has been charged with something that she didn't commit.
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answered on Jan 5, 2021 at 13:12
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edited May 29, 2021 at 22:49
 
@Cyndeekhaw

1. I'm (the writer) is writing this thread on behalf of my friend
You should have made this declaration in the first instance.

2. I'm trying help my friend seeking for opinion.
Opinion already given: go get lawyer services

3. ...if you read correctly
Most of the people have read it correctly, so to say. Notice the "IC(?)", what has happened to the IC? People here have gone into the forensics rather than to hear from 3rd parties. The very basis of "credentials" is the I.D. when according to laws and Police SOP, one must bring the I.D. when going out of the house, so, having a note of the "IC Number" serves no purpose at all. The PIN number together with the ATM card are purely carelessness. On top of that, why bring ATM card and not MyKAD when go outstation? If the purpose of bringing the ATM card is for emergency withdrawals, means that there is money inside. Is there immediate cancellation with the bank? If not reported, why not? The investigators are not the local police but from the commercial crime division from Bukit Aman. They have a hundred different questions asked during cross examination and referencing. Mistakes can be made by the accused during the "interrogation" contradicting some earlier testimonies.

For sure the police knows who actually withdrew the moneys, if not her, thru images from the ATM. The case was reported end of 2016, for sure the evidence remains with the Investigators. She would not be charged as the "scammer" but being as "money mule". Without legal representation in Criminal Court, there is a very high chance of conviction. Without lawyers, it is just speculations with no ending, the need for the "action in court" would determine her liability to the case.

She has been remanded since November 2020 which is unusual if the Police has no strong case against her. Why waste police resources, jail resources and court's time when the accused is a senior citizen (her age?) with no past criminal offences? Most of the time, conviction of an innocents is due to poor testimonies given.

The delay is that she could have plead innocence (correctly) as in "Pleadings in court" which means, for her situation, the case would go for a trial. Without legal representation, the evidences are stacked against her as a "money mule". Moneys is an issue for 95% of the population during this pandemic. Sometimes more unpleasant things can happen "in between" which is beyond anybody's control. Has she got old folks illness?

Go for the root of her case (exact charges) which requires legal representation.
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answered on Jan 5, 2021 at 13:21
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edited May 29, 2021 at 22:42
 
@jeff005

Thanks. Your replies are much appreciated. If getting a lawyer is the only way, I’ll advise them accordingly. Thanks again.
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