Case Law On Bkash Fraud Prosecutions
Case 1: Social Engineering Fraud via bKash (2020)
Facts:
A gang operated across Dhaka and Chattogram, targeting bKash users. They called victims pretending to be bKash customer support, telling them their accounts were compromised. They obtained OTPs and PINs, then transferred money from the victims’ accounts to accounts controlled by the gang.
Legal Issues:
Obtaining PINs/OTPs by deception → cheating and fraud under Penal Code.
Unauthorized transfer of funds → criminal misappropriation.
Use of fake identities and accounts → forgery and impersonation.
Prosecution and Outcome:
Several members of the gang were arrested. Phones, SIMs, and bank records were seized.
The prosecution demonstrated that even remote, social engineering-based fraud is criminally prosecutable.
Significance:
Set a precedent for prosecuting mobile money fraud via deception.
Showed the importance of safeguarding OTPs and PINs.
Case 2: Insider Collusion by Former bKash Employee (2021)
Facts:
A former territory officer of bKash provided confidential information of agents and customers to a fraud gang. The gang then used this information to access customer accounts and steal money.
Legal Issues:
Insider collusion → breach of trust.
Data disclosure → violation of privacy and banking secrecy laws.
Facilitation of fraud → criminal conspiracy and cheating.
Prosecution and Outcome:
The ex-employee was arrested by the Criminal Investigation Department (CID).
Evidence included confessions from other gang members and records of fraudulent transactions.
Significance:
Emphasized the risk of insider threats in mobile financial services.
Reinforced that employees facilitating fraud can face serious criminal liability.
Case 3: Illegal Hundi Transactions Using bKash (2023)
Facts:
Two bKash agents helped expatriates send money abroad via unofficial channels (hundi), bypassing legal banking and remittance rules. They collected funds from senders and transferred money to receivers through bKash, evading the Bangladesh Bank’s regulations.
Legal Issues:
Violation of foreign exchange and remittance laws.
Facilitating money laundering through mobile money.
Agent network exploitation → criminal conspiracy.
Prosecution and Outcome:
The agents were arrested, and cash, SIM cards, and transaction records were seized.
Legal action was filed under the Digital Security Act and Special Powers Act.
Significance:
Highlighted how mobile money platforms can be misused for illegal remittances.
Set a precedent for prosecuting agent-facilitated cross-border fraud.
Case 4: Photographing Customer Registers for Fraud (2020)
Facts:
A bKash agent in Pirojpur took photos of customer transaction logbooks and sold them to a fraud gang. The gang used this information to access victims’ accounts and steal funds.
Legal Issues:
Breach of privacy → facilitating fraud.
Conspiracy to commit theft and cheating → criminal liability for collaboration with fraud gang.
Prosecution and Outcome:
The agent was arrested, and photos of logbooks were recovered.
Confessions and phone records proved collaboration with the gang.
Significance:
Demonstrated that even small-scale collusion by agents can lead to significant fraud.
Reinforced the need for security in agent transaction logs.
Case 5: Misappropriation of Mosque Fund via bKash (2020)
Facts:
Four individuals misappropriated Tk 25,000 from a mosque using bKash mobile transfers. The victim was the mosque’s treasurer, and the transfers occurred through a local bKash agent.
Legal Issues:
Misappropriation of entrusted funds → criminal breach of trust.
Use of agent network for unauthorized transactions → facilitating theft.
Prosecution and Outcome:
All four accused were arrested and sent to jail.
The prosecution relied on bKash transaction records and witness testimony.
Significance:
Showed that local-scale misuse of mobile money for fraud is prosecutable.
Reinforced accountability of agents in monitoring transactions.
Case 6: Murder of a bKash Agent (2020-2025)
Facts:
A contractor murdered a bKash agent following a dispute over commission and fund transfers. The case included disappearance of the body and financial motive.
Legal Issues:
Murder → Section 302 IPC.
Disappearance of body → additional criminal liability.
Context linked to mobile money fraud → escalation of financial disputes into violent crime.
Prosecution and Outcome:
The accused was sentenced to death, fined, and given additional imprisonment for body disposal.
Court emphasized the gravity of crimes involving agents of financial platforms.
Significance:
Illustrates extreme consequences when mobile money disputes escalate.
Stresses regulatory oversight and security for agents.
Key Legal Principles from These Cases
Social engineering and phishing to obtain OTPs/PINs is criminally punishable.
Insider collusion (employees or agents) facilitating fraud → breach of trust and conspiracy.
Illegal cross-border remittances via mobile money → money laundering and violation of foreign exchange laws.
Agents misusing customer data or transaction logs → criminal liability.
Local misappropriation of entrusted funds via bKash → prosecutable under criminal breach of trust.
Disputes over mobile money commissions or funds can escalate into violent crimes → courts impose severe penalties.
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