According to lawyer Nguyen Thanh Ha, Chairman of SBLAW Law Firm, whether the person who was cheated by Mr Pips (Pho Duc Nam) can get his property back or not depends on the verification and investigation process of the authorities. However, the victim must work clearly with the investigation agency to inform and provide records and documents proving that he was cheated, as a basis for the police to compile a file.
“ The investigation agency will then transfer all documents and evidence to the court for a basis for trial. From there, the court will issue a judgment on compensation for the victims according to the law at a certain rate. The judgment will be handed over to the enforcement agency, and then the enforcement agency will transfer it back to the victims if there is any money left to enforce the judgment, ” said Mr. Ha.
Pho Duc Nam - also known as TikToker Mr Pips before being arrested.
Agreeing with the above viewpoint, lawyer Nguyen Doan Hong, Director of Danang International Law Firm, said that the victim must identify himself as the victim. And the victim's obligation is to work with the investigator to provide all evidence of the case during the buying and selling process.
"In case there are no documents or inappropriate documents, the victim will not be able to get their property back," emphasized lawyer Hong.
Analyzing this case, Mr. Truong Quoc Hoe, head of Interla law office, said that the investigation agency had frozen assets worth more than 5,200 billion VND before the fraudster could disperse them, so the possibility of refunding the victims could have positive signs.
During the investigation, the authorities will collect all documents and identify the victims of this case. In order for the police to identify and return the victims at a certain rate, the victims of the fraud will have to submit all evidence of money transfer to the investigation agency, then on the basis of the documents, papers, and evidence, the court will conclude and issue a verdict to get the money back.
The amount of gold seized in the case.
"In case there is no evidence, the victim will lose everything, because the principle is to be established on evidence," said Mr. Hoe.
Therefore, the evidence submitted by the victim to the police must be honest, objective, consistent with the transaction and must prove the source of the money to confirm that the victim is the victim and match the transactions.
“It is possible that the transactions have been lost or the Tiktok account is abroad, so the investigation agency cannot collect all of it. Therefore, the victim must have the obligation to prove and clarify that the source of the money is his. In case the victim cannot prove that the source of the money is his, after the court has tried and issued an official verdict, the remaining money of the subject will be confiscated to the State budget,” the lawyer advised.
Regarding the case of some victims who have taken interest from the scammer, Mr. Hoe said that the law will not be retroactive, and will not deduct from the principal amount that was scammed, because that contract has been completed.
Hanoi City Police recently issued a decision to prosecute the case and prosecute Pho Duc Nam (also known as TikToker Mr Pips, born in 1990, residing in Ba Ria - Vung Tau), Le Khac Ngo (born in 1990, residing in Hanoi) and 24 others for the crimes of "fraudulent appropriation of property", "failure to report a crime" and "money laundering".
To date, the city police have identified 2,661 victims nationwide; seized and frozen many assets of the subjects, estimated at more than 5,200 billion VND. In addition, transactions of 125 real estates have been frozen. The police are currently continuing to expand the investigation.
Hanoi City Police require people and investors who have invested in websites, foreign exchange and securities exchanges in the network of Pho Duc Nam and his accomplices to contact the Criminal Police Department of the local police to report or go directly to the Criminal Police Department, Hanoi City Police. "When we investigate and prove that the property was defrauded and appropriated, of course that property will be returned to the victim," informed Lieutenant Colonel Cao Van Thai, Captain of the Major Crimes Team of Hanoi City Police.
According to the investigation agency, from around 2019, Pho Duc Nam and Le Khac Ngo (Mr. Hunter; 34 years old, residing in Phu Dien, Bac Tu Liem, Hanoi) colluded with a group of foreigners to organize fraud on the platform of websites and international stock exchange links provided by the group of foreigners. This group directed 7 subjects in Vietnam to establish many "ghost" companies, headquartered in Ho Chi Minh City, Hanoi and several other provinces and cities.
The subjects set up a company in Ho Chi Minh City as a front and about 44 offices in Vietnam (including 24 offices in Hanoi, 20 offices in other provinces and cities). This company did not register to operate in securities and finance but still recruited employees to operate in the fields of foreign exchange and derivative securities trading.
Every day, about 1,000 employees work from 8am to 9pm. The subjects create and manage 5 websites with English interfaces to make participants misunderstand that they are trading on reputable international exchanges, creating trust for investors.
These websites are essentially programmed, linked to the bank accounts of the management subjects. Each trading platform is connected to the MetaTrader 4 application, MetaTrader 5 is a popular foreign exchange and stock trading platform in the world.
The subjects recruited, assigned, and decentralized the management of employees in the company into many departments (including accounting, human resources, IT, business, and customer care...). These departments complement each other, contacting customers through Zalo, Telegram... to defraud and appropriate assets.
The scheme of this network is to provide false information to make customers trust, transfer money to the accounts designated by the subjects and then appropriate it. Initially, Nam and his accomplices lured customers to make multiple transactions with low amounts of money, make a profit and then withdraw the money.
Then, they use various tricks to guide and encourage customers to increase their trading capital. When investors lose money, even losing all the money in their accounts, the subjects provide false information so that they continue to have faith and transfer more money to "recover". Until the customers are no longer financially capable, the fraud group blocks communication and appropriates all the money.
Source: https://vtcnews.vn/nguoi-bi-hai-trong-vu-tiktoker-mr-pips-lua-dao-phai-lam-gi-de-lay-lai-tien-ar912949.html
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