Blog article
See all stories »

Why Is It So Hard To Catch Cybercriminals?

When the authorities say cash leads to tax evasion, counterfeiting, etc., the common man ("Joe") thinks it's because cash is anonymous. When they goad him to ditch cash and move to digital payments, Joe assumes that digital payment will eliminate fraud because it's not anonymous.

Then, one day, Joe uses a digital payment like UPI to buy something from, say, "Jane". When he does not get what he ordered, he instinctively feels defrauded.

Joe contacts his bank ("Payor Bank") and supplies the details of the payment including the mobile phone number of Jane, the Alleged Scammer. From the UPI ID, it is possible to infer the details of the bank to which Joe's money went - this is the bank in which Jane has her account ("Payee Bank").

Contrary to Joe's expectations, his bank will not be able to retrieve the money from the Payee Bank.

That's because, as an Account-to-Account Real Time Payment (A2A RTP), UPI is designed to be an irrevocable Method of Payment (MOP). In plain English, "Irrevocable" means "once gone, gone forever". The same is true for all other A2A RTPs like FPS (UK) and Zelle (USA). Therefore, the Payor Bank will throw up its hands and tell Joe to file a police complaint.

Joe then goes to the cops and expects them to nab the Alleged Scammer immediately because he can supply her mobile number and / or UPI ID (aka Personally Identifiable Information). Instead he finds it hard to even get the cops to register his complaint.

In a normal burglary, there's usually a tampered lock, broken glass or some anomaly. The victim can use that as evidence to file a complaint with law enforcement. However, in the case of a cybercrime, there's no ostensible evidence of crime. It comes down to the Scammee's word. While the Scammee can show the debit entry for the money exiting his bank account, that's not proof that the Alleged Scammer has received the money. This is because, unlike credit card, A2A MOPs do not provide a legally-valid receipt (with the sole exception of FPS UK that I know of). See PSA: Insist On Receipt When You Pay By NEFT, UPI, FPS Etc. for more details.

Let's say he crosses that hurdle and persuades law enforcement to investigate the theft. The cops will need to find out the address of Jane, the Alleged Scammer, and nab her. The Scheme Operator - National Payments Corporation of India (NPCI) in the case of UPI - might seem the logical place to start the search but scheme operators generally fob off fishing expeditions by cops (as they should, if you ask me).

So law enforcement will need to approach the Payee Bank with the mobile number of the Alleged Scammer.

The Payee Bank has done KYC before opening Jane's account. Therefore, it knows the identity, mobile number and address of Jane. However, due to banking secrecy laws, the Payee Bank can't reveal its customer details just like that. It will insist on a court order.

After law enforcement comes back with a subpoena, the Payee Bank will release Jane's contact information and cops can go and nab her.

But, by that time, Jane could have decamped with the money. Remember that we're talking about a real time payment method like UPI or FPS or Zelle, where Jane gets the money in her bank account a few seconds after Joe has sent the money out from his bank account, whereas the other activities will take a couple of days (or more if the cybercrime crosses state borders, leading to jurisdiction issues prolonging matters).

----------

The Payor Bank can't do anything. The Payee Bank won't do anything. Cops can't do much.

That's why it’s hard to catch cybercriminals.

PS: As shown in the following exhibit, UPI / A2A Payments involve Payment Gateways, Payment Service Providers, and many more parties. They make matters even more complicated than explained above. But I've ignored them in the interest of describing the crux of the cybercrime problem in as simple a manner as possible.

6857

Comments: (4)

Melvin Haskins
Melvin Haskins - Haston International Limited - 12 August, 2022, 07:38Be the first to give this comment the thumbs up 0 likes

Am I being simple, or does it all come down to one simple thing - KYC? Making account opening easy has been a desire of banks for many years, so that they can gain clients, but they attract fly-by-night accounts such as Jane, who use this easy-to-open-an-account to scam people. Surely the responsibility for reimbursing the losing party sits with the Payee bank for allowing the scammer to open the account.

Ketharaman Swaminathan
Ketharaman Swaminathan - GTM360 Marketing Solutions - Pune 12 August, 2022, 17:07Be the first to give this comment the thumbs up 0 likes

It's not you being simple but that the term KYC is quite obfuscatory.

I'm covering liability in a follow on post but here's a spoiler: (1) KYC is not a character certificate (2) If banks can open accounts even for convicted criminals, how can they decline alleged scammers? (3) The scam involves not just Payee Bank but TELCO, mobile handset manufacturer, utility company with which the phone is charged, et al. If the other parties don't have any liability, neither should the Payee Bank. 

Melvin Haskins
Melvin Haskins - Haston International Limited - 12 August, 2022, 20:21Be the first to give this comment the thumbs up 0 likes

Sorry, I do not believe that anyone other than the Payee Bank has responsibility. They have allowed the person to open the account without carrying out KYC. They are the enablers - not the telco, mobile handset manufacturer, utility company or anyone else. That is like blaming the car manufacturer and the road constructor when a driver. deliberately kills someone using a vehicle.

Ketharaman Swaminathan
Ketharaman Swaminathan - GTM360 Marketing Solutions - Pune 13 August, 2022, 06:43Be the first to give this comment the thumbs up 0 likes

Nowadays, "Partial KYC" done by neobanks and fintechs does not even completely verify ID and Address but even "Full KYC" is not supposed to vet customer's character. ByTW, accounts opened for convicted criminals are KYCd. 

I agree with your analogy of driver-killer, just that the equivalent party in  the case a cybercrime is the Alleged Scammer, not Payee Bank, TELCO, et al.

Now hiring