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Follow UsIt's official now-the Howrah, Kolkata-based businessman, Piyush Kankaria is the first "officially registered" victim of Nigeria 419 Scam in India and the West Bengal police is the first to register it. Piyush's complaint was registered by the Howrah police under section 420 of the Indian Penal Code along with Section 75(2) of the IT Act 2000.
Subsequent to a Cyber News Service (CNS) report that was carried in leading IT and business publications in the country, Piyush had contacted CNS for help. The incident that was recorded by the police on August 1, has been transferred to the CID for collaboration with the Interpol. According to sources in CBI Cyber Crime Cell, while people and companies have been forwarding such scam mails to the agencies, no formal complaint had been filed by anybody so far-neither under Section 420 of IPC nor under the IT Act 2000.
While this multi-billion dollar scam has been on for over two decades now, moving from paper mail to fax to Internet mail, penetrating the Indian shore almost five years back-not much had been written about it in India. In fact, it was only after Piyush read the report that he realized the trap. In his mail to CNS, dated July 28, 2003, he said, "I had received a mail on March 6 this year about a similar offer from Ben Keme who claimed to be the Director in-charge of the auditing and accounting section of the Continental Bank in Benin Republic."
Piyush also said that he showed interest in the deal because of his weak financial position. Keme had promised a return of $3 million for helping him claim the $7.5 million booty that lay dormant in an account, belonging to a November 1999 plane crash victim. Keme latter sent a mail increasing Piyush's share to 45 percent or $3.3 million. Piyush also mentioned that he had already sent a Motorola V60i mobile handset worth Rs 13,000 to one Ludwig Ekezie, an accountant with the said bank on Keme's request. The courier charges had cost him an additional Rs 4,000.
The road to riches that Keme showed seemed quite smooth. According to him, a moneyed man of Nigeria, Patrick Muller, had left behind a fortune with no heir and all Piyush had to do was state that he was the legal heir and claim the money. "The rest," Keme assured had been "perfected" by him. Once Piyush agreed to the deal Keme sent a claim form that was supposed to be filled and sent to the bank. He was also asked to send a copy of his passport. The Nigerian even dispatched copies of Muller's death certificate and bank account statements to convince him.
Then came the demand for the mobile handset. "After few weeks of interaction Keme told me to send a Samsung T100 mobile handset to the accountant of the bank so that he can help complete the process of sending the money to India through cash delivering transfer quickly," Piyush said. Keme later suggested a Samsung SGH-S100, before recommending Motorola V60i.
What followed next was a trail of mails from one Mrs Ofurumu from the bank. The lady not only sent him a letter of claim, he was also informed that the booty in USD would be delivered by a diplomatic team. The money was to be shipped using the immunity that diplomatic baggage enjoys. She also stressed that even the diplomats carrying the baggage would not be aware of the content in the box.
Ofurumu also instructed Piyush to be in Mumbai, to collect the said "diplomatic baggage" and pay $15000 as custom duty. A photograph, indicating money being packed in the bank's so-called strong room was also sent to him. However, a suspicious Piyush, who had been in touch with his bank, decided against the arrangement and requested that money be sent as TT, for which he was asked to open a non-resident account in the bank. Opening a non-resident account required an affidavits of oath and Piyush was asked to contact Barrister Kallon Johnson who in term demanded $2850 as consultation fees; a clear case of Advance Fee Fraud (AFF), for those who are aware of the Nigeria 419 Scam and their various means of extracting money.
However, when Piyush informed Johnson that there was no way out to send the money, Keme suggested that he should go to Sri Lanka and use the Western Union Money Transfer facility to send the fee. He was suggested other options too-one, buy a gift and stash $400 in it and send it by courier; two, send a Toshiba or a Compaq laptop of the same value as the fee to the lawyer.
According to special superintendent-I (CID) Ramphal Pawar, the department would be taking up the issue with the CBI so that the Indian unit of Interpol can issue an alert. While the CID plans to take up the issue with the concerned authorities in Benin, Pawar also hinted that the department would also be investigating the "Nigeria 419 Scam" in West Bengal independently. According to Pawar, while the section 420 IPC fully covers the case within the ambit of the offence of cheating, when read with Section 75(2) of the Information Technology Act 2000, it gives investigating agency powers to probe an offence committed outside India by any person irrespective of the nationality.
"Section 75 makes the provisions of the Information Technology Act, 2000 assume jurisdiction over cyber criminals outside
the territorial boundaries of India," explained cyber law expert and advocate at Supreme Court Pavan Duggal. However, according to him, the caveat to Section 75(1) is explained in Section 75(2) in as much as Section 75(1) and is subject to provisions of Section 75(2).
The caveat provided by Section 75(2) states that the IT Act, 2000 would apply to any offence or contravention committed outside India, by any person if and only if the act or conduct constituting the offence or contravention involves a computer, computer system or computer network located in India. Therefore, the physical location of computer, computer system or computer network within the territorial boundaries of India is a condition precedent to the applicability of this Act to any offence or contravention committed outside India by any person irrespective of his nationality.
"Section 75 takes a saner view of the issue of extra territorial jurisdiction than Section 1(2) of the IT Act, 2000," said Duggal adding that, "as Internet is making geography history, it is imperative that nations enact laws that have to have all pervasive applicability and impact and facilitates nations to catch cyber criminals who have indulged in cyber crimes, but who are located physically outside the territorial boundaries of nations."
However, Duggal was not convinced about how the agencies propose to initiate action against Keme and others involved in the case and said that it would be tough and a time consuming process for the prosecution to move ahead in the present case. "Though the case has been registered it would be very difficult in practical terms to take any action as the accused persons are outside the territorial boundaries of India," he explained. Worse, as India is still not the signatory of the International Cyber Crime Treaty, it does not enjoys the privileges accorded to signatory nations in the detection, investigation and prosecution of cyber crimes. "It is indeed going to be a long journey for the case before the destination arrives," he said.
Estimated to be the fifth-largest industry in Nigeria, it is also known as the "Advance Fee Fraud" but better known as the
"Nigeria 419", as it is covered under Section 419 of the Nigerian Penal Code. While CNS had handed over information to agencies in the country, it has been coordinating with various investigating agencies to help the victims. The scam is well known to all international agencies, including the FBI.