• Online money fraud, cyber crime issue

Incident details:
1.	I’m a software professional working mainly through Upwork platform. A client contacted me on Upwork and offered a job for checkout flow testing. He shared few payment links for testing and deposited some amount in advance in my Upwork account. I have completed testing using those links for which I have used my Debit card / Credit card.

2.	After that the client said that he refunded all the 3 transactions done through links and shared a fake screenshot of Stripe refund processing on WhatsApp chat (WhatsApp no. +[deleted]xxx). He requested to pay directly in his Payoneer or Western Union Account against this refund. I never used Payoneer or Western Union account before. So, he accessed my laptop remotely created my Payoneer and Western Union accounts and made transactions. 

3.	When Payoneer transaction reversed in my account by Payoneer team then he again took my laptop remotely and transferred GBP 2000 in his WESTERN UNION account. So, in his Western Union he made 2 transactions of GBP xxxx and GBP xxxx on 26-OCT-2023.

4.	When Upwork suspended his account due to fraudulent activity on Upwork then I have written complain email to Western Union (27-Oct-2023) and the merchant [deleted] (on 28-Oct-2023) where the payment links was redirecting me during checkout flow testing.

5.	The amount which he paid me on Upwork account that has been also reversed / withdrawn so now he got his money back which he paid me on Upwork and also took my money using Western Union account and website links.

6.	I have filed complain with cyber crime and bank. The cyber-crime complain is accepted and it is in In progress status. Bank investigation is also in progress.


Question: Someone from police station suggestion to get court orders by signing a bond of equivalent amount of fraud value and then the police would be able to get my money back into my account from the fraud person’s account. Please suggest what I suppose to do now. I have no idea about process and court orders? Kindly suggest.
Asked 1 year ago in Criminal Law
Religion: Hindu

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7 Answers

It will be only after investigating the matter the amount will be disbursed in your account. If police has recovered any amount from fraudsters than you can apply to court for getting the money

Prashant Nayak
Advocate, Mumbai
32837 Answers
209 Consultations

It is not possible to get a bond from him for an amount equivalent to the sum that had been stolen from you .

The court will not entertain any such case other than a private criminal complaint and that is also not possible since a complaint is pending in this connection with the cyber crime police.

For filing a civil money recovery suit, you need to produce substantial documentary evidence before court to file the suit 

If you are able to contact that person and if he is ready to execute a bond or an agreement towards the return of the amount taken from you then you can proceed. 

But the question is  will it possible to obtain any such bond from the fraudster?

T Kalaiselvan
Advocate, Vellore
87672 Answers
2354 Consultations

Has the fraudster account been frozen by police kindly clarify 

 

what is result of police investigations kindly clarify 

Ajay Sethi
Advocate, Mumbai
97473 Answers
7880 Consultations

Wait for police investigation's to be completed 

 

basically fraudster cannot withdraw the funds

Ajay Sethi
Advocate, Mumbai
97473 Answers
7880 Consultations

You may wait and watch the developments for some period of time after which you can plan about next course of legal action.

The police is processing the case. 

T Kalaiselvan
Advocate, Vellore
87672 Answers
2354 Consultations

You need to approach the court if the police station has seized any amount form the offenders. You can also file RTI application for seeking the status of the same 

Prashant Nayak
Advocate, Mumbai
32837 Answers
209 Consultations

Dear Client,

You can file an application under Section 156(3) of Code of Criminal Procedure, 1973 in the court of Judicial Magistrate and then obtain the order from the court for the same. 

Hope this helps you.

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

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