Can the FOS confirm that the bank have complied with their legal requirements, the statement of policy of CIFAS and the police as represented by Action Fraud ?
If so, where's your money ?
I'll mention the view of CIFAS - (CIFAS is the UK's Fraud Prevention Service with 270 Member organisations spread across banking, credit cards, asset finance, retail credit, mail order, insurance, investment management, telecommunications, factoring and share dealing) - in other words this is the banks talking
http://www.cifas.org.uk/moneymulescams_febProviders are legally required to close accounts that are used to launder money and can be heavily fined by international regulators if they fail to do so.
Money from drug dealing, investment and boiler rooms scams, fake lotteries, people trafficking and prostitution is pushed through these scams, so that ‘dirty’ money is made to appear as if it is ‘clean’.
Crimestoppers - (an independent charity helping to find criminals and help solve crimes) - supported by the police and government.
http://www.crimestoppers-uk.org/assets/files/Media%20Centre/more_info.pdfMoney Mules are breaking the law. Ignorance of the law is no defence. If you become a Money Mule you are liable to be prosecuted and could face up to 10 years in prison.
If you become a Money Mule, you could become part of a police investigation, and are often the easiest link in the criminal chain to track down.
The bank account of the Money Mule will be suspended. Being tagged as a fraudster makes it harder to obtain a bank account in the future, and to obtain credit.
A Money Mule is liable to pay back all the money that they have transferred through their account. This could total many thousands of pounds.
Banksafeonline - (The Bank safe Online website is run by the Payments Council, the body with responsibility for ensuring that payment services work for all those that use them in the UK.) - another banking representative body
http://www.banksafeonline.org.uk/common-scams/money-mulesRemember that even if you have nothing to do with the actual extraction of funds from another person's account, by allowing your account to be used to receive and transfer such funds, you will be acting illegally.
Ignorance is no excuse - allowing your bank account to be used for fraud can lead to up to 10 years’ imprisonment!
The FFA - (Financial Fraud Action UK is the name under which the financial services industry co-ordinates its activity on fraud prevention)
http://www.financialfraudaction.org.uk/money-mules.aspThe money you’re transferring is stolen, and what you’re doing is called money laundering, which is illegal. Involvement in money laundering can lead to a criminal sentence of up to ten years in prison.
Although the prospect of making some easy money may appear attractive, any money or ‘wages’ that you are given will be recovered by your bank because they are the proceeds of fraud. You will be the easiest link in the chain to track down and will be involved in any resulting police investigation. Your bank account will be closed down and details of the activity shared with other banks, making it hard for you to open up a bank account in the future.
Action Fraud - (Action Fraud is the UK’s national fraud reporting centre where you should report fraud if you have been scammed or defrauded) - effectively the police have some interesting facts and statistics here.
http://www.actionfraud.police.uk/money-mules-fake-jobs-lead-to-crime-feb11The overall situation is unacceptable. Your particular case is one that is more effectively pursued because it evidences that money laundering procedures in some banks are palpably ineffective, otherwise different victims wouldn't be losing money to the same money mules again and again.
http://www.jmlsg.org.uk/reporting-suspicions..... if a financial services firm has knowledge or suspicion that someone might be engaged in a money laundering activity, they have a legal obligation to report this to the UK Financial Intelligence Unit, which is located within the Serious Organised Crime Agency (SOCA).
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Laws and policy are of no use if those appointed to administer them, aren't prepared to apply them. The policy is quite clear and unequivocal and the banks' obligations go far beyond 'not doing anything wrong'. Money laundering regulations impose an obligation on them that goes far beyond acting as passive observers to crime and fraud - to put it bluntly.
The question is whether or not the FOS understand their role any more clearly than the banks. I suspect not.
Presumably your money mule is more likely to be swanning himself on the Riviera than facing 10 years in prison and a life blacklisted and repaying your money. He's probably a high worth customer with his own investment manager.
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Did you get anywhere with your MP ?
Stella Creasey MP has a special interest in matters financial.
I've done well with my MP and I'll consider having a go, as he knows I'm fairly relentless. MP's ignore constituents at their peril.
Had the account previously been reported anywhere on the internet as being involved in fraud.A case like this would be clear cut, in my opinion, in view of the clear responsibilities and legal obligations embodied in UK money laundering legislation.