Beware of scams involving "fixing legal cases" to extort money.
(Baonghean.vn) - Taking advantage of the anxiety of the families of detainees and prisoners who want to bribe officials to get their loved ones' sentences reduced and return home sooner, many individuals have approached and deceived victims by claiming to have many connections and the ability to "fix" cases, thereby extorting money from them.
The scam of... "bribing to get out of trouble"
According to incomplete statistics, every year in Nghe An province, the authorities handle and investigate dozens of cases of fraud and embezzlement related to the act of "fixing court cases".
For example, on January 23, 2024, the Criminal Police Department of the Provincial Police issued a decision to initiate a criminal case and prosecute Nguyen Tien Dung (born in 1972), residing in Nhan Chinh ward, Thanh Xuan district, Hanoi city, for the crime of "Fraudulent appropriation of property" with an amount of 600 million VND.
According to the case file, Nguyen Tien Dung, a freelance worker, took advantage of his acquaintance with the victims. He informed them that he had connections with law enforcement agencies and could "fix" cases, thereby defrauding one victim in Hoang Mai town (Nghe An province) of 600 million VND because her relative had been arrested for drug-related crimes. Dung used all the money received from the victim for personal expenses and online business investments.
Similarly, on December 17, 2023, at an apartment in Thanh Hoa City (Thanh Hoa Province), the Task Force of the Office of the Criminal Investigation Agency of the Nghe An Provincial Police executed an emergency arrest warrant against Luu Khac Tung (born in 1984), residing in Phuc La Ward, Ha Dong District, Hanoi City, for the crime of fraud and appropriation of property. This individual contacted several people inside and outside Nghe An Province, giving information to the family of NNH (an individual prosecuted and detained for gambling) that he would help them avoid prosecution, thereby defrauding the family of 5 billion VND.
Through questioning, Luu Khac Tung initially admitted to all his fraudulent acts of appropriating property. Currently, the Criminal Investigation Department of the Nghe An Provincial Police is continuing to expand the investigation to handle the case according to the law.
Previously, on October 13, 2023, the People's Court of Nghe An province held a first-instance trial of defendant Vo Thi Hanh (born in 1987), residing in Nam Dan town, Nam Dan district, on the charge of "Fraudulent appropriation of property," sentencing her to 3 years and 6 months in prison. According to the indictment, Hanh was a school health worker. From July 2022 to January 2023, in order to obtain money for personal expenses, Hanh used the tactic of providing false information to secure acquittal for Lo Thi Minh Nhan – Vice President of the Ky Son District Red Cross Society and Lo Thi Soa – Vice President of the Ta Ca Commune Red Cross Society, Ky Son district, so that these two individuals would not be prosecuted for their involvement in receiving and distributing relief funds to Ky Son people after the flash floods. In addition, Hanh claimed that after securing acquittal, she could arrange for the transfer of these two individuals to new positions.
Trusting her, Ms. Nhan gave Hanh 240 million VND and two wild boars; while Ms. Soa gave Hanh 210 million VND, 3 kg of dried beef, and 30 kg of sticky rice. However, after receiving the money, Hanh spent it all. Ms. Nhan and Ms. Soa were subsequently prosecuted and tried for abusing their positions and authority while performing their official duties.
Increase vigilance.
Fraudulent crimes involving the appropriation of property related to "bribing" to influence court decisions still exist and are on the rise, despite numerous warnings from law enforcement agencies and the media. It is evident that, taking advantage of the anxiety of relatives of detainees and prisoners who want to bribe their way to reduced sentences and early return home, many individuals boast of having extensive connections to "fix" court cases. Consequently, many individuals, especially their relatives, are willing to borrow and spend hundreds of millions, even billions of dong, to bribe these individuals.
Criminals in this field are therefore extremely diverse, ranging from unemployed individuals with criminal records to officials and civil servants. In reality, most of these individuals, after gaining trust and receiving money, use it for personal expenses.
According to the Provincial Police Investigation Agency, in the legal process, once the investigation agency completes the file, transfers it to the prosecutor's office for approval, and the court proceeds with the trial, the file is considered closed. During the first-instance trial, there may be cases where appeals result in reduced sentences, but this is not due to "bribery." The review process may reveal mitigating circumstances that were not thoroughly considered at the first-instance trial, or the defendant may add details that benefit them. The appellate court panel will then consider reducing the sentence.
Regarding the act of disregarding the law to commit fraud and receive money under the pretext of "fixing a court case," the perpetrator's criminal liability depends on the nature and purpose of the act. If the person committing the act of fixing a court case does not hold an official position or authority, they may be prosecuted for the crime of Fraudulent Appropriation of Property under Article 174 of the 2015 Penal Code, as amended in 2017. The maximum penalty in this case could be life imprisonment. In addition, they may be fined from 10,000,000 to 100,000,000 VND or have part or all of their assets confiscated.
If the person holds a position of authority, they may be charged with the crime of accepting bribes as stipulated in Article 354 of the 2015 Penal Code, amended in 2017, with the highest penalty being the death penalty. In addition, the offender may be prohibited from holding certain positions for 1-5 years, may be fined from 30,000,000 to 100,000,000 VND, and have part or all of their assets confiscated; or the crime of abuse of trust to appropriate property as stipulated in Article 175 of the 2015 Penal Code, with a maximum penalty of 20 years imprisonment and a possible fine from 10,000,000 to 100,000,000 VND.
Given the reality that fraud involving the appropriation of property related to "bribing to influence court decisions" remains complex and employs various methods and tactics, it is more important than ever for citizens to raise their legal awareness to avoid falling victim to such schemes. In fact, not only those who carry out the "bribing" to influence court decisions face criminal responsibility, but even those who offer money for such services can face prison sentences.
