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“Filing a Police Report for Fraud: A Step-by-Step Guide to Protecting Your Assets”

Online and phone scams are rampant, and it's crucial to know the steps to take if you fall victim to these crimes. Learn how to report these incidents to the police and protect yourself from fraud and theft.

Administrator

13 July, 2024

Scams and fraud are becoming increasingly prevalent, and it’s important for people to stay vigilant. Today, we’ll guide you through the process of reporting fraud and theft to the police.

1 Procedure for Reporting Fraud to the Police

Step 1 Gather Evidence

When reporting a fraud case to the police, it’s important to have the following types of evidence:

Gathering Evidence

Physical Evidence: Tools and means used in the crime that may bear traces of the perpetrator or help solve the case.
Statements and Testimonies: These could be from witnesses, informants, people related to the case, or the perpetrator themselves.
Electronic Data: Evidence from electronic devices, such as text messages, online transaction records, or emails.
Appraisal and Valuation Reports: Documents issued by organizations or agencies that appraise items such as physical evidence or determine the value of lost property.
Official records from the stages of prosecution, investigation, indictment, trial, and execution of the sentence.
Results of legal assistance and international cooperation.
Other documents and objects.

Step 2 File a Complaint with the Police

Filing a Complaint with the Police

Victims can go to the police headquarters in person or contact them via phone or email. The two main authorities that can initiate a criminal investigation are the Procuracy and the Investigative Agency.

Step 3 Police Investigation

Police Investigation

Once the relevant authorities have assessed and considered the evidence, the police and other competent authorities will take over the investigation, possibly with the assistance of witnesses and victims.

Step 4 Prosecution by the Procuracy

Prosecution by the Procuracy

With sufficient and clear evidence, the fraud case file will be transferred to the Procuracy for prosecution. After that, the case will be forwarded to the Court for trial if there is an indictment.

Step 5 Court Trial

Court Trial

The court trial process, after receiving the indictment from the Procuracy, includes the following steps:

Opening of the trial.
Announcement of the indictment.
Questioning of the suspect.
Disclosure of statements made during the prosecution and investigation.
Further questioning of the defendant and other parties involved.
Playing of relevant audio and video recordings.
On-site investigation, deliberation, verdict, and conclusion of the trial.

Additionally, after the trial concludes, the defendant has the right to appeal within 15 days from the date of the Court’s judgment. After this period, the defendant will no longer have the right to appeal and must comply with the sentence.

Step 6 Enforcement of the Court’s Judgment

In addition to returning the full amount of the fraudulently obtained property and compensating the victim, the fraudster will be subject to penalties such as imprisonment, community service, etc., as stipulated in the Court’s judgment.

Enforcement of the Court’s Judgment

If the fraudster is unable to compensate the victim at the time of the judgment, the authorities will enforce the following measures:

Withholding money from the perpetrator’s bank account or recovering valuable papers.
Deducting a certain amount from the perpetrator’s monthly income.
Liquidating the perpetrator’s assets, even if they are held by a third party.
Forcing the perpetrator to transfer property rights or documents.
Requiring the perpetrator to perform or refrain from performing certain actions.

2 Penalties for Fraudulent Behavior

Administrative Penalties

Administrative Penalties for Fraud

If the fraudulent behavior does not rise to the level of a criminal offense, according to Clause 1, Article 15 of Decree 167/2013/ND-CP, the administrative penalty for fraud to appropriate property is a monetary fine ranging from 1 million to 2 million VND.

Criminal Liability

According to Article 174 of the 2015 Criminal Code, as amended and supplemented in 2017, the penalties for fraud to appropriate the property of others are as follows:

Criminal Penalties for Fraud

If the appropriated property is valued at between 2 million and 50 million VND, or less than 2 million VND but falls under certain circumstances, such as prior administrative sanctions for fraud, the property being the main source of income for the victim, etc., the penalty will be non-custodial reform or imprisonment from 6 months to 3 years.

If the crime is committed in an organized manner, with a professional nature, sly tricks, abuse of position, authority, or organization/agency name, or if it is a dangerous recidivism, or if the value of the appropriated property is between 50 million and 200 million VND, the penalty will be imprisonment from 2 to 7 years.

If the value of the appropriated property is between 200 and 500 million VND or involves the exploitation of epidemics or natural disasters, the penalty will be imprisonment from 7 to 15 years.

If the value of the appropriated property is 500 million VND or more or involves the exploitation of emergencies or wartime circumstances, the penalty will be imprisonment from 12 to 20 years or life imprisonment.

Additionally, the fraudster may be subject to a fine of between 10 and 100 million VND, a ban from holding certain positions or practicing certain professions for 1 to 5 years, or the confiscation of a portion or all of their property.

3 Sample Report for Fraud and Appropriation of Property

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

一一一一一一

…, date… month… year…

REPORT

To: – Criminal Police Investigation Agency – District Police

– People’s Procuracy of the district

My name is: … Date of birth: …

Identity card number: … Date of issue: … Place of issue: … Province of Police: …

Permanent residence: …

Current address: …

I am writing this report to inform the police of the following incident:

First: …

Second: …

Based on the above actions, it can be affirmed that Mr./Ms. … used deceitful means to appropriate my property, amounting to …

I believe that this act of Mr./Ms. … bears the hallmark of the crime of “fraudulent appropriation of property” as stipulated in Article 174 of the 2015 Criminal Code (amended and supplemented in 2017). To ensure my rights and legal interests, I respectfully request that you take measures to prevent and handle the actions of Mr./Ms…

With this report, I respectfully request that you consider the following:

Verify and initiate a criminal case to investigate, prosecute, and try Mr./Ms. … for fraudulent appropriation of property.

Force Mr./Ms. … to return the money to me.

I commit that the above information is completely true, and I take responsibility before the law for the accuracy of the above statements.

Respectfully submitted for your consideration and resolution.

Thank you!

Enclosures (similar). Reporter

(Signature and full name)

4 Notes on Writing a Complaint Report

Notes on Writing a Complaint Report

When writing a complaint or report about fraud and appropriation of property, keep the following in mind:

The reporter or complainant must provide clear and accurate personal information.
Full and accurate personal information of the person committing the fraudulent act must be included.
The facts of the case must be presented objectively, clearly, and truthfully.

5 Hotline for Reporting Online Fraud

Hotline for Reporting Online Fraud

Hotline of the Room for Network Security and Prevention of High-tech Crimes under the Criminal Police Department: 0692194053.
Website address of the Vietnam Information Security Warning System: Vietnam Information Security Warning System
For residents of Ho Chi Minh City, the hotline 0838640508 can be used to report fraud and appropriation of property through electronic web pages.

The above details the procedures for reporting fraud and appropriation of property to the police. We hope that with this information, you can effectively protect your money, information, and personal belongings.

Frequently asked questions

You should file a police report for fraud as soon as you realize you have been a victim. This will help protect your assets and start the process of investigating the fraud.

You will need to provide personal information such as your name, contact details, and address. Additionally, you should gather any evidence related to the fraud, including emails, messages, transaction records, and any other relevant documentation.

You can file a report with your local police department or law enforcement agency. Depending on the nature and extent of the fraud, you may also need to contact federal agencies such as the Federal Trade Commission (FTC) or the Internet Crime Complaint Center (IC3).

Once you have filed a report, the police will investigate your case. This may involve reviewing the evidence you provided, conducting interviews, and working with other agencies to track down the perpetrator. It is important to cooperate fully with the investigation and provide any additional information or evidence as requested.

There are several steps you can take to protect yourself from fraud, including being vigilant about your personal information, using secure websites and transactions, regularly reviewing your financial statements, and being cautious of suspicious emails or messages. Additionally, consider using fraud monitoring services and keeping yourself informed about the latest fraud schemes and tactics.