Capitated Accounts to Prevent Capitated Accounts from Money Laundering The Political Yuan has decided that the "book collector" should be imprisoned for a maximum of 5 years｜Lawyer Li Yusheng explains the money laundering prevention law and drivers and other relevant legal provisions

Anti-capitation account money laundering, the political Yuan decided that the "book collector" should be jailed for a maximum of 5 years｜Mirror News reporter Huang Gengen and Wei Linyan

News link:https://www.mnews.tw/story/20230414sot12005

Fraud cases emerge one after another. In order to block the flow of money laundering, the draft amendment to the "Money Laundering Prevention Act" clearly stipulates that members of syndicates who collect money can be sentenced to a maximum of 5 years in prison. In addition, those who provide accounts for a fee will also be punished. If they are repeat offenders, the maximum penalty is 5 years. He may also be imprisoned for three years.

Legal explanation of money laundering prevention law

According to the amendment to the "Money Laundering Prevention Act", a new "capital account crime" was added. The Ministry of Justice of the competent authority explained on the 25th that compared with the old system of capitation account, it is necessary to consider the accomplices of other crimes (such as fraud and money laundering crimes). The new system adopts the "administrative first, judicial later" model, which can effectively punish people.
The new system adds independent penalty provisions for cases where capitation accounts were difficult to convict in the past. Article 15-2 of the Money Laundering Prevention Act clearly stipulates that no one may provide a capitation account without justifiable reasons. It adopts the legislative model of "administration first, judicial later", which violates Those who commit the crime will first be given a warning by the police. Those who commit the crime again within 5 years after the warning, or those who "sell" accounts or account numbers in a more vicious manner or deliver more than three accounts or accounts in one act, will be subject to criminal penalties. Before this independent penalty provision was added, the current judicial practice for capitation accounts was to punish offenders as accomplices of other crimes (such as fraud and money laundering). However, it is difficult to prove subjective mens rea, making it difficult to effectively prosecute and convict. After the new law is implemented, capitation account cases that could not be convicted of the crime of aiding fraud or aiding money laundering in the past will be subject to administrative warnings or fixed-term imprisonment of up to three years, depending on their malignancy. The constituent elements of the new law are different from those of the crime of aiding fraud and the crime of aiding money laundering, and their nature is not specially stipulated, and there is no preferential application relationship. Moreover, the protected legal interests of the crime of aiding fraud include personal property legal interests, which are not covered by the money laundering prevention law. Replacement, since it is not a situation called "the law changes after the act" in Article 2, Item 1 of the Criminal Law, there is no issue of comparing the old and new laws.
Lawyer Li Yusheng from Fidelity Law Firm suggested that the general public should still pay attention and never disclose their bank account information at will, let alone provide their ATM cards or bankbooks to others to avoid being accidentally used by criminal groups.

Possible legal liability for fraud syndicate riders

A "scam rider" may be involved in a variety of criminal liabilities, depending on his actual conduct and the legal provisions involved. The following are some possible criminal liabilities:

Fraud

If a rider engages in fraudulent activities, such as obtaining someone else's property by false pretenses, he may be guilty of fraud. This includes using false information or deception to induce victims to provide financial information or make money transfers.

Crime of illegal intrusion into computer system

If a rider commits fraud through the computer system, he may be committing the crime of illegal intrusion into the computer system. This includes illegally accessing another person's computer system to obtain sensitive information.

Crime of abusing computer systems

If a rider abuses the computer system when committing fraud, such as sending malware or conducting cyber attacks, he may be committing a computer system abuse crime.

data theft

If a rider illegally obtains, uses or sells personal information, he may be committing the crime of data theft. This includes stealing sensitive information such as credit card numbers and passwords.

organized crime crimes

If a rider is part of a fraud syndicate, he may be committing an organized crime offence. This involves engaging in organized criminal activity such as conspiracy, planning and facilitation of fraud.

Drug or illegal substance dealing crime

Racketeer riders may sometimes be used to transport illegal items, such as drugs. This may result in being charged with related drug or illegal substance dealing offences.

money laundering

If a rider has obtained a large amount of money through a scam, they may try to legitimize those funds. This may constitute a money laundering offence.
It is worth noting that different countries and regions have different laws and regulations, and the crimes that may be committed by riders in fraud groups are also different. The specific scope of criminal liability and penalties depend on the local legal system. If criminal charges are involved, the defendant should consult with a professional attorney to understand his/her specific legal position and response strategies

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