Aiding and Enabling as a Crime

In all criminal codes across the world, there is a crime called aiding and enabling. Helping a criminal, directly or indirectly, to commit his crime is itself a criminal offense. The legal requirement for enabling to be a crime is that the enabler knew, or should have known, that his actions were helping the criminal to carry out the offense. This principle is clear and has existed in criminal law for many years.

Why Scams Depend on Facilitators

Every financial scam, no matter its form, requires practical help to succeed. The criminals behind scams must be able to:

• Reach the victims through marketing and sales,

• Communicate with them and gain their trust,

• Transfer money from the victim to themselves.

Without these practical arrangements, very few scams would be possible.

According to the latest statistics from the Global Anti Scam Alliance, more than 70% of all financial scams are marketed or initiated via social media. Among these, Facebook is the number one platform chosen by criminals. When it comes to money transfers, the majority of funds stolen in scams move through banks and are handled in what is called FIAT currency, meaning U.S. dollars, euros, and other national currencies.

A Failed Focus on the Criminals

For many years, law enforcement and lawmakers have focused mainly on the criminals themselves, trying to catch them or stop them after the crimes are committed. This strategy has been highly unsuccessful. Despite billions of U.S. dollars being stolen in scams worldwide, almost none of this money has ever been recovered or returned to victims.

Our strong belief is that shifting the focus toward the Facilitators, those who enable and support the crimes, will "cut the oxygen" for the criminals and prove to be a much more effective strategy.

Do We Need New Legislation?

Do we need new laws to pursue a strategy that focuses on Facilitators? The answer is simple: No. All the necessary legislation is already in place. Criminal codes are clear, and the principle of aiding and enabling a crime has existed in law for generations. In our view, it is up to prosecutors, working through the police, to apply this strategy, hold the Facilitators accountable, and use the law as it was intended.

We are surprised that law enforcement has not yet pursued this obvious approach. It is simple, requires no legal changes, and has the potential to be highly successful in protecting victims and cutting off the infrastructure criminals depend on.