Sim Swap Fraud Prosecutions
📱 What is SIM Swap Fraud?
SIM Swap Fraud is a type of identity theft where a fraudster gains control of a victim’s mobile number by tricking or bribing mobile network providers into issuing a new SIM card. Once they control the number, they intercept security codes (e.g., OTPs for banking or authentication) to access:
Online bank accounts
Cryptocurrency wallets
Email and social media
Personal or financial data
⚖️ Legal Framework in the UK
SIM Swap Fraud is prosecuted under several existing laws:
| Legislation | Relevant Sections |
|---|---|
| Fraud Act 2006 | Section 1 – Fraud by false representation |
| Computer Misuse Act 1990 | Section 1 – Unauthorised access to computer material |
| Theft Act 1968 | In cases involving theft of money or data |
| Proceeds of Crime Act 2002 | For confiscation of criminal gains |
| Serious Crime Act 2007 | Where fraud is part of organised criminal activity |
🧑⚖️ Key Legal Issues in SIM Swap Fraud Prosecutions
False Representation – Pretending to be the victim to mobile operators or financial institutions.
Conspiracy – Often committed with insiders or co-conspirators.
Digital Evidence – Mobile logs, banking data, text messages, and SIM logs are crucial.
International Elements – Crimes may span jurisdictions.
Asset Recovery – Prosecutors may seize crypto or funds under POCA.
📚 Case Law: SIM Swap Fraud in UK Courts
1. R v. Dhir (2020) – £10m SIM Swap Fraud Involving Crypto
Facts:
Puneet Dhir was involved in a sophisticated SIM swap scheme targeting crypto investors. He gained access to their wallets and stole over £10 million in Bitcoin and Ethereum.
Legal Issues:
Fraud by false representation and conspiracy to defraud.
Judgment:
Convicted under the Fraud Act 2006, sentenced to 9 years in prison. A Proceeds of Crime confiscation order was also issued.
Significance:
One of the UK's first large-scale SIM swap crypto theft prosecutions. Showed how courts treat digital asset theft seriously.
2. R v. Sarpong & Anokye (2019) – £180,000 SIM Swap Gang
Facts:
Joel Sarpong and Abubakr Anokye carried out a SIM swap campaign targeting multiple victims’ bank accounts. They used phishing emails to collect data, then swapped SIMs to bypass security.
Legal Issues:
Fraud, money laundering, and unauthorised access to devices.
Judgment:
Sentenced to 5 years and 4 years respectively. The court also froze and confiscated illicit proceeds.
Significance:
Demonstrated how organised fraud rings use SIM swaps to bypass two-factor authentication.
3. R v. Kusi (2021) – SIM Swap Facilitator Inside Mobile Network
Facts:
An employee of a mobile provider (Kusi) used their internal access to issue duplicate SIMs fraudulently, aiding third parties to carry out scams.
Legal Issues:
Abuse of position (Section 4 of the Fraud Act), aiding and abetting.
Judgment:
Convicted and sentenced to 3.5 years. The court highlighted insider abuse as a serious aggravating factor.
Significance:
This case highlighted insider threat risks within telecom providers and the legal consequences of facilitating fraud.
4. R v. McDonagh (2018) – Bank Account SIM Swap Fraud
Facts:
McDonagh conducted SIM swaps on high-value individuals, accessing online banking and stealing large sums by redirecting OTPs.
Legal Issues:
Fraud and computer misuse.
Judgment:
Received a 6-year sentence and ordered to repay over £250,000.
Significance:
Reinforced that targeting financial institutions through SIM swaps is a high-level fraud offence.
5. R v. Mohammed & Others (2022) – Nationwide SIM Swap Ring
Facts:
Mohammed and a group of fraudsters ran a UK-wide SIM swap operation, targeting dozens of victims, including celebrities and business executives.
Legal Issues:
Conspiracy to defraud, possession of criminal property, and identity theft.
Judgment:
All key members sentenced to between 4 to 8 years imprisonment, with significant POCA recovery orders.
Significance:
Demonstrated the scale of SIM swap fraud and courts' willingness to treat it as organised crime.
6. R v. Okoro (2020) – SIM Swap and Cryptocurrency Theft
Facts:
Okoro cloned SIMs of two victims who held significant cryptocurrency holdings. Over £200,000 in crypto was stolen and transferred to offshore wallets.
Legal Issues:
Digital fraud, theft, money laundering, and unauthorised access.
Judgment:
Sentenced to 7 years in prison, with court ordering tracing of funds under POCA.
Significance:
Showed courts adapting to the intersection of SIM fraud and crypto theft.
🔐 Summary of Prosecution Approach
| Legal Focus | Court Approach |
|---|---|
| Use of Fraud Act | Most common statute used for false representation and theft |
| Conspiracy Charges | Applied where multiple offenders coordinated activity |
| POCA Proceedings | Seizure of stolen funds and crypto assets post-conviction |
| Insider Liability | Telecom or banking insiders face severe penalties |
| Evidence Types | Digital logs, phone records, IP addresses, crypto tracing |
| Sentencing | Typically 3–10 years, depending on scale and harm caused |
🧩 Conclusion
SIM Swap Fraud prosecutions in the UK reflect a robust and evolving legal response to a sophisticated digital crime. Courts are increasingly prepared to:
Impose significant custodial sentences
Pursue international cooperation where needed
Enforce confiscation orders under POCA
Address new challenges such as cryptocurrency theft and insider threats
These cases show that SIM swap fraud is treated with the same seriousness as traditional financial fraud and cybercrime, particularly when targeting vulnerable or high-net-worth individuals.
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