STATE GOES FOR GADGETS USED IN INTERNATIONAL FRAUD

STATE GOES FOR GADGETS USED IN INTERNATIONAL FRAUD

THE State has moved a motion to have items used by convicted Chinese nationals in international internet fraud to be forfeited.

Among the items that are to be confiscated are 135 computers, 1 laptop, 11 sim boxes, a Black Toyota Alphard Registration Number BAT8373, Money in the sum of K13, 143, $20, 17,000 Dinars found in a Safe, 37, 000 Sim cards both Local and International, 1 Ipad, 2 Pistols with 73 rounds of Ammunition and 23 cellphones.

For replicating in real life a trick played by ravenous phonies to wipe clean the accounts of wages earners in the movie ‘The Bee Keeper’ 21 Chinese nationals and a Cameroonian were jailed seven years with hard labor except the only female who was given simple imprisonment and fined K70, 000 each.

The master Li Xianlin Enxin Bai ploughed 11 years jail time and was fined more than K80, 000 for computer related misrepresentation,  identity related crimes and operating a network without a license.

Li Xianlin Enxin Bai, Gu Tianjiao, Jia Ye, Ding Wenyu, Shi Feng, Zhao Di, He Qiu, Yang Yingming, Zhou Lin, He Binhua, Yang Chuan, Sun Pan, Li Wenqiang, Tang Wei, Luo Zhiwen, Hu Dawei, Wang Jidong, Hou Jing, Dai Bing, Deng Hu and Emmanuel Tangi Fogwe were last month convicted by principal resident magistrate Sylvia Munyinya, for computer related misrepresentation and identity related crimes; contrary to section 51 (1) and 53 of the Cyber Security and Cyber Crimes Act No.2 of 2021.

According to Skeleton arguments in support of motion for forfeiture Drug Enforcement Commission (DEC) investigations officer Francis Phiri said the gadgets used to illegally earn money and the money realized out of scamming people ought to be forfeited for being proceeds of crime.

The application was made pursuant to Section 4 and 10 of the Forfeiture of Proceeds of Crime Act.

“Your Worship, we submit that the record will show that this Honourable Court has found as a matter of fact that the computer systems were used in the commission of the offences they (22 convicts) have been convicted of,” Phiri said.

“The motor vehicle namely, Black Toyota Alphard Registration Number BAT8373 was bought by Li Xianlin who registered it in the names of Enxin Bai who informed the officers that it was used to run operations of the company making it an instrument in the commission of the offence.”

He prayed that the court orders that the 135 computers, 1 laptop, 11 sim boxes, Black Toyota Alphard Registration Number BAT8373, 37, 000 Sim cards both Local and International, 1 Ipad, 2 Pistols with 73 rounds of ammunition and 23 cellphones are tainted property and the same be forfeited to the State.

However the convicts intend to appeal their jailing to the High Court.

According to their notice of appeal the convicts said Magistrate Munyinya misdirected herself both in Law and in fact when she sentenced and fined them K70, 000 and imposing a custodial sentence of 7 and 11 years contrary to the evidence on record which shows that they readily admitted the charge.

In her ruling magistrate Munyinya said the issues will be dealt with by the High Court as the defense did not respond to the forfeiture application and did not file a notice of appeal and record.

“This being the case I will not deal with the application and I will leave it to the High Court,” said magistrate Munyinya

By Mwaka Ndawa
Kalemba