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Disrupting Financial Crimes and Organised Crimes: Nigeria's Perspectives

Disrupting Financial Crimes and Organised Crimes: Nigeria's Perspectives. By Mohammed Ukashatu , msi Department Of State Services Federal Republic Of Nigeria. c 0 c 0 2014 Kochi, Kerala, India 23 rd August, 2014. Introduction.

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Disrupting Financial Crimes and Organised Crimes: Nigeria's Perspectives

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  1. Disrupting Financial Crimes and Organised Crimes: Nigeria's Perspectives By Mohammed Ukashatu, msi Department Of State Services Federal Republic Of Nigeria c0c02014 Kochi, Kerala, India 23rd August, 2014

  2. Introduction • Financial crimes are among the largest challenges facing businesses and financial institutions worldwide • today. • Globalization and advancement in technology has opened up many possibilities for criminals to carry out financial crimes in new ways thereby complicating the wave of the crime. • Advantage of technology, weak controls in the financial system and difficulty in legal enforcement against financial crimes allow criminals to take negative advantage of the global financial system.

  3. Types of Financial and Organised crimes • Advance fee and Internet Fraud (The Nigeria • Princes) • Money Laundering • Credit Card/ATM Card Fraud • Immigration and Identity Paper Frauds • Embezzlement/Bank Fraud • Kidnapping

  4. ADVANCE FEE AND INTERNET FRAUD • (THE NIGERIA PRINCE) THE FRAUDSTER VS THE GREEDY

  5. Classic examples of Nigeria e-mail scam. (Source: Hoax-slayer)

  6. MONEY LAUNDERING • Typical methods of laundering illegal proceed include establishing car sales business and importing exotic cars that usually spend years without being sold or investing in properties such as building houses and estates that stand for years without being occupied or sold.

  7. CREDIT CARD/ATM FRAUD Use of fake, cloned or stolen credit/debit cards of a customer by the fraudsters for either online purchases or withdrawal of money at automated teller machines without the consent of the cardholder.

  8. IMMIGRATION AND IDENTITY FRAUDS Prince of the Naija in London

  9. EMBEZZLEMENT/BANK FRAUD • Although banks normally under-report fraud most especially perpetuated by their own staff, Nigeria Deposit Insurance Corporation reported that in 2012, Nigeria banks lost about N4.52 billion to a reported 3,380 fraud cases involving N17.97 billion. In November 2012, three employees of a Nigeria bank were arrested by the Police for been involved in $2 million fraud. • The Nigeria Electronic Fraud Forum, a Forum of financial and security stakeholders with aim of sharing information/ideas, identifying loopholes that can be exploited by criminals and proffering remedies/solutions, in a meeting on 14th August, 2014 states that Nigeria’s financial sector has lost over N2 billion (about $12.5 million) this year and the figures may rise to N5 billion before the end of the year if urgent anti-fraud mechanism are not put in place.

  10. EMBEZZLEMENT/BANK FRAUD • In August 2013, eleven persons, including seven Nigerians, were arrested in New Delhi, India for involvement in net-banking fraud and fake lottery scam, according to Deccan Herald online. User IDs and passwords of bank accounts were hacked to facilitate fraudulent e-transfer of about Rs 53 lakh (about $86,000) into 12 bank accounts in different cities through local accomplices.

  11. KIDNAPPING • Three (3) elements to be established in Kidnapping: • Taking a person without his consent; • Holding a person in illegal confinement/ false imprisonment; and • Extortion of the victim through ransoming.

  12. KIDNAPPING • In July 2014: • Sixty one (61) kidnap incidents involving sixty nine (69) victims were recorded. • N813,540,000.00 (about $5,018,821.92) were demanded as ransom by the kidnappers. • N23,600,000.00 ( about $145,588.40) ransom was paid. • Sixty (60) suspects were arrested by the Security operatives. • A victim and a suspect lost their lives during a rescue operations

  13. Kidnapping Incidence recorded in 16 out of 37 States of Nigeria in July 2014

  14. Challenges of Disrupting Financial & • Organized Crime in Nigeria • Inadequate Laws • - Nigeria’s laws do not recognise digital evidence • - Punishments are insignificant compared to the loss associated to the victims • Lack of Awareness • Silence of the victims especially Banks • Inter-Agency rivalry • Lack of adequate International Cooperation • Societal problem (hero status of the rich no matter the source of the richness) • Lack of adequate trainings for investigators • Lack of adequate fund to acquire modern facilities to fight digital crimes

  15. RECOMMENDED REMEDIES TO THE CHALLENGES: • Cybercrimes are committed by Criminals Without Border (CWB).Consequently, the following may be among the numerous remedies to the challenge of cybercrime: • States should enact adequate laws to provide commensurate punishment; • There should be adequate international laws that should be applicable against offenders irrespective of where they commit the crime; indeed cybercrime should be equated with crimes against humanity; • There should be awareness both on the proper use of IT facilities and on handling suspicious mails.

  16. RECOMMENDED REMEDIES TO THE CHALLENGES: • Enhancing International Cooperation. Global problem certainly requires global solution. • Various National Agencies of any nation must collaborate and accept fighting cybercrime as amongst national security priorities. • Government must provide funding for both training and facilities. Those fighting cybercrime must be ahead of the criminals both in terms of knowledge and equipment; and • Victims should be encouraged to report the incidence. Otherwise, we will be leaving in delusion that all is well whereas none is well.

  17. GOVERNMENT EFFORTS IN DISRUPTING FINANCIAL CRIME • Provision of Section '419' of Nigeria criminal code. • The Code of Conduct Bureau and Tribunal Act Cap, Laws of the Federation 1990 • Establishment National Drug Law Enforcement Agency (NDLEA) in 1990 • Advanced Fee Fraud and other Related Offences Act of 1995 • Establishment of Economic and Financial Crimes Commission (EFCC) in 2002 • Money laundering (prohibition) act of 2011

  18. GOVERNMENT EFFORTS IN DISRUPTING FINANCIAL CRIME • Establishment of Independent Corrupt Practices and Other Related Offences Commission (ICPC) in 2000 • Establishment of National Digital Forensic Laboratory in the Office of the National Security Adviser (ONSA). • Establishment of CERT by the NITDA and ONSA. • Proposed National Cybersecurity Strategy by ONSA • Cybersecurity Bill currently with the National Assembly • Cashless Policy introduced by the Central Bank of Nigeria in 2014.

  19. ACHIEVEMENT OF THE AGENCIES SO FAR

  20. EFCC investigated & successfully prosecuted some persons including an Inspector General of Police, a State Governor and chieftain of the ruling party/retired General as well as a fraudster who defrauded his victims to the tune of $242 million • On 18th July 2014, ICPC arrested a Visa Fraudster, Mr. Christian Pius outside the premises of the Indian High Commission in Abuja with thirty nine (39) passports and various incriminating official documents.

  21. DSS successfully investigated and arrested a gang of fraudsters who specialized on stealing credit cards details of victims & effecting illegal fund transfer, fund withdrawals, online and POS purchases. • It is currently investigating a complain of a bank customer who received a fraudulent email informing him of a deposit of Nine million, three hundred and forty five thousand Naira (N9,345,000) in his account. • Also currently investigating the case of Internet Fraud involving a fake/cloned Indian High Commission website (https//india-visa.com/Saveform.php), where unsuspecting visa applicants are asked to make online payment.

  22. CONCLUSION Due to the tremendous interconnectedness and interdependency among computer systems on the Internet, the security of each system depends on the security of all other systems on the network. To address internet fraud, therefore, it is recommended that relevant stakeholders in all countries of the world must continue to work together. This is pertinent because no individual, no organisation, indeed no nation, however powerful, can alone successfully fight and win the war against cybercrime.

  23. THANK YOU

  24. REFERENCES • - Peel, Michael. "NIGERIA-RELATED FINANCIAL CRIME AND ITS LINKS WITH BRITAIN." (2006). • - Owolabi, Mr EA. "Corruption and Financial Crimes in Nigeria: Genesis, Trend and Consequences." Transparency, a publication of the Central Bank of Nigeria 1 (2007). • Email Sample: http://www.hoax-slayer.com/peter-attah-scam.shtml • Akpan, Nseabasi S. "Kidnapping in Nigeria’s Niger Delta: An Exploratory Study." Journal of Social Science 24.1 (2010): 33-42. • EFCC NEWS: available on http://efccnigeria.org/efcc/index.php/news/831-efcc-secures-773-convictions-in-11-years-chairman • AzubuikeAmaraegbu, Declan (2008) Anti-corruption in Africa: the cases of Nigeria and Ghana, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/2517/ • National Cybersecurity Strategy – Publication of the Office of National Security Adviser, Nigeria. • Daily Trust Newspaper of August, 18th, 2014.

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