In 2020, the French Banking Association carried out a study that showed a 37% increase in document fraud in 2019. Faced with this surge in the number of fraud, what sanctions are in place? And what are the consequences for fraudsters? We take stock in this article.
Bank fraud consists of deceiving financial institutions in order to obtain profit.
If you need a reminder about the actors in the banking world, click here 👉 Focus on the various banking players
Note that bank fraud can occur at various stages of the customer process, including:
1- During the initial subscription
2- At the time of financing of services
3- In order to finance the money laundering And the Terrorist financing
To find out more about the challenges of bank fraud, go to our dedicated article 👉Bank fraud: definition and challenges
According to the documentary frauds carried out, the sanctions will not be the same. Let us tell you more.
Identity theft is the use of personal data of an individual in order to extract money from him. This illicit activity damages the tranquility and honor of the person. In a more concrete way, Identity theft aims to impersonate another person using their personal information.
Thus, a fraudster carries out identity theft when he carries out phishing. Why? Phishing consists of impersonating a known organization, using its logo and name in particular in order to extract information from the recipient. By stealing the identity of the organization, the fraudster carries out identity theft.
Identity theft is punishable by law. According toArticle 226-4-1 of the Penal Code, she is reprimanded for 15,000 euros fine And of1 year of imprisonment.
Note that, sometimes, the penalty may be lighter. It then results in a citizenship internship, a sentence depriving or restricting freedom or even in community service.
Scamming is a fraudulent technique that aims to recover undue amounts of money. To be classified as a scam, the offence must necessarily contain one of the following characteristics:
In addition, the fraudster should be aware of their dishonest behavior.
Today in France, fraud is punishable by a fine of 375,000 euros and a sentence of 5 years of imprisonment, according toArticle 313-1 of the Penal Code.
The fake represents the falsification of an expression medium whether physical or intangible.
According to theArticle 441-1 of the Penal Code, the use of forgeries is reprimanded with a fine of 45,000 euros and can go up to a sentence of 3 years of imprisonment.
Entering an Automated Data Processing System (STAD) allows the fraudster to retrieve confidential information.
For the offense to be reprimanded, it must be possible to demonstrate that access to this data processing system is restricted.
Wanting to access a STAD is punishable by law. According toArticle 323-1 of the Penal Code, the penalty is 60,000 euros fine And of 2 years of imprisonment.
Attention, if the fraudster changes or deletes data contained in this STAD, the penalty may be increased, depending on the damage caused.
To combat money laundering and the financing of terrorism, banks are required to carefully comply with Vigilance rules.
First, according to theArticle L564-2 of the Monetary and Financial Code, banking institutions are required to set up a internal control system. It is responsible for ensuring the proper application of internal procedures and the fight against tax evasion and fraud.
To find out more about setting up an internal control, do not hesitate to consult our dedicated article 👉 How to set up an internal anti-fraud unit?
In a second step, banking institutions are required to Suspicion statement. Banks must, in fact, declare certain transactions and amounts, namely:
👀 Good to know!
When a banking institution has to make a statement of suspicion, it must mention:
- The Source and allocation of funds
- the description of suspicious transactions
- The identity of the persons concerned
As a banking institution, several tools are at your disposal to actively fight against document fraud.
Our teams of Finovox experts have developed a SaaS solution that allows documents to be analyzed by identifying the alterations made. How does it work? The solution works with various algorithms for coherence analysis, visual, statistical and computer analysis.
It is easy to use. All you have to do is drag your documents into our solution, they are then analyzed one by one to find out if they are authentic files or if they have been modified. If they have been altered, Finovox will contact you An account of the falsified area And of the How the fraud was committed.
Today, Finovox's desire is not to miss out on a fraudulent document. Created from scratch by a fraudster or modified using retouching software, the document is analyzed from A to Z by our solution. With Finovox, review all your documents, of all types and in all languages! Are you interested in the solution? Do not hesitate to ask for a demo.
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