Case money laundering
- 2010 - 2014
- Spain
Identification of the Source
SENTENCE Nº 157/2014 DE del Juzgado de lo Penal n° 2 de Cáceres, 25th of September 2014.
Description
Most of the following information come from the investigation done by the Spanish Police.
In a prior date to the month of October 2010, XX1 while looking for a job online, was contacted by a foreign person or persons who told her to provide a bank account in her name, in which to receive money transfers that the accused then had to remit through "Western Union" to those who through telephone calls were indicated. In exchange of receiving a commission of 200 euros for each transaction.
The defendant provided the details of the bank account, which was opened in June the 4th, 2010. Caja Sur Bank, branch of Arroyo de la Miel, Benalmádena. information that was sent to the contact, without worrying about knowing the transcendence or legal significance of the order, nor the legality of the origin of said amounts of money, and always guided by the purpose of obtaining additional economic resources in a simple manner.
In October the 6th, 7th and 8th, 2010, the defendant received three transfers in her account, amounting to 3,216 euros, respectively, from a bank account located in Arroyo de la Luz (branch n ° 8861), whose owner, XX2, had never authorized or consented to such transfers.
The amounts received in the bank account of the defendant, came from scams made by computer manipulations called "phishing", Trojan viruses or the pharming technique, against operating current accounts through the Internet, ordered by unknown persons or entities, with the In order to get their referral to other bank accounts of people with whom they previously contacted to achieve the remission of part of that money abroad.
Once the transfers were received, the defendant sent those amounts, with a discount of their commission, through "Western Union" to those who were indicated to her.
Type of Crime
Cyber-crimes: money laundering
Legal Ground: crime of money laundering due to imprudence (Article 301.1 of the Criminal Code)
• Article 301 (Reception and money laundering) of the Criminal Code.
1. Whoever acquires, possesses, uses, converts or transmits goods, knowing they have their origin in a criminal activity, committed by him/herself or by any third party, or perform any other act to conceal its illicit origin, or to help a person who has participated in the infraction or infractions to avoid the legal consequences of their actions, will be punished with the penalty of imprisonment of six months to six years and a fine of up to three times the value of the goods. In these cases, the judges or courts, depending on the seriousness of the act and the personal circumstances of the offender, may also impose the penalty of disqualification from the exercise of their profession or industry for a period of one to three years.
Modus Operandi
People involved
XX1, female, Spanish citizen. Residency: Benalmádena, Spain.
XX2, male, Spanish citizen. Residency: Malaga, Spain.
Criminal History
Isidora had no criminal records.
Influential and/or vulnerable Groups