» This case is still recent. We are changing countries and type of companies involved, for confidentiality purposes.
The Bank Fraud case
A European Company had to do payments to a USA company. They usually received payment instructions by email, from an address like the following one: firstname.lastname@example.org
Hackers got into the USA company email system and created a new email: email@example.com. The difference was one number, almost impossible to perceive.
This hackers then created a company in Mexico, with a very similar name to the USA company and opened a bank account in a Mexican Bank.
Finally, the European Company got payment instructions via the fraudulent new email and they executed such payment to the new fraudulent Mexican Bank account.
Actions available to the parties
According to the Federal Criminal Code, crimes started outside of the country but with effects on Mexico can be prosecuted by our Public Ministries (our District Attorney’s offices).
So both parties defrauded (the European Company and the USA Company) can file a criminal complaint in Mexico against the offenders, so that:
- Bank accounts are frozen (this can be done, but takes long time)
- The offenders can be identified
- Money may be traced to some of the following accounts where it was forwarded
Requisites for the parties
A criminal complaint can be filed by anyone who knows a crime has been committed, but it can only be followed by parties who have standing.
This is why we believe it is very important that companies and individuals in international commerce have POA’s assigned to Mexican lawyers, so that in case this happens they can take action promptly.
So the requisite for the parties would be:
- Have a POA assigned to a lawyer in Mexico.
- Render all the proofs available.
- Keep pursuing and pushing forward the investigation.