Increasingly, in Kazakhstan, court cases involving fraud through information systems are being halted at the pre-trial investigation stage due to the inability to identify the guilty parties. Consequently, victims are demanding punishment for those who assist the fraudsters and are embedded in their schemes, as well as the recovery of lost funds from “droppers” – individuals used by the fraudsters to transfer the stolen money.
Case in the Kostanay Region:
In the Kostanay region, two lawsuits have been reviewed seeking the recovery of over 9 million tenge from two 19-year-old student droppers.
- One student claimed he transferred all received funds to the accounts specified by the fraudsters.
- The other denied involvement, stating he was unaware of any banking operations, and that the bank application was registered using his biometrics and SMS codes.
The court established that both defendants received unjust enrichment at the expense of the plaintiff and granted the claims. The rulings have not yet entered into legal force.
Case in Kyzylorda:
A 60-year-old woman fell victim to fraudsters posing as employees of a mobile company. Using her bank card details, the criminals took out a loan of 4.8 million tenge in her name and transferred the money to other accounts.
The pensioner appealed to the court, demanding the recovery of 2 million tenge from the dropper who received part of the funds. The defendant admitted that at the suggestion from “Telegram,” she opened an account through which she transferred money, earning 5,000 tenge for each transaction.
The court ordered the dropper to return 2 million tenge to the pensioner, noting that the transfer of money to other individuals was at her discretion. The Kyzylorda regional court upheld this decision, stating that the dropper did not prove the legality of receiving the funds.