[size=38]The judiciary reveals cases of manipulation of citizens’ loans and the mechanism of companies that prey on victims[/size]
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December 17, 2023[You must be registered and logged in to see this link.]
Baghdad/Al-Masala Al-Hadath: The Integrity Court in Diyala revealed increasing cases of manipulation, forgery, and legal violations in lending operations to citizens, and the mechanisms used by companies for the purpose of preying on their victims, stressing that these crimes are complex, starting with fraud and forgery to harming public funds.
The Integrity Investigation Judge in Diyala, Muhammad Abbas, stated in a statement to the judiciary that there are companies that exploit the documents submitted by victims and innocent people and make them borrowers in loans and guarantors in other loans, by forging the signatures and fingerprints of these borrowers on the basis that they are the ones who promoted the transactions and received the loan amounts.
Abbas added that this process often takes place through the existence of a prior agreement between company owners, employees of the banks granting the loans, and the guarantors’ departments, pointing out that there is a form of fraud that occurs when the company owner misleads the borrower into believing that there are loans granted to them as advances, and their amount may be one or two million. Dinar.
He continued that the borrower's naivety pushes him to sign all the initials of the transaction, including receipts, promissory notes, and the bank notice, without reading the content or because he is ignorant of reading, and after receiving the amount (one million dinars), he is surprised after a while when he begins to repay that the loan is not one million, but rather ten or twenty-five million or more. Which means that the company defrauded him and handed over one million dinars to him and seized the rest of the loan amount.
He explained that borrowers often have their fingerprints and signatures taken on blank documents devoid of data in order to allow the company owner to manipulate as he wants, such as increasing the loan amount or changing the information. Likewise, guarantors are misled by taking their signatures and fingerprints that he is a guarantor (of someone) in the beginning and takes His signatures and fingerprints are on blank documents under the pretext of speeding up and filling them out, but it later becomes clear that he has sponsored another person, and due to the ignorance of (the borrower or guarantor), the owner of the company deceives the borrower that he will grant him a loan, and he takes his signatures and fingerprints on the transaction and includes guarantees and receipts, deeming them required, and it later becomes clear that he He exploited him and made him a guarantor for another person without him knowing it, and vice versa, he took the signatures and fingerprints of the guarantor as a guarantor and later made him a borrower and received a loan in his name without his knowledge.
Regarding agricultural loans and the way they are manipulated, the judge reveals that manipulators falsify agricultural contracts by making people appear to own an agricultural contract or agricultural land to facilitate the process of receiving loans, because agricultural loans require the farmer (borrower) to own agricultural land or a lease contract.
He continued: Companies take the signatures and fingerprints of the borrower on the condition that he is granted one agricultural loan, for example, and he agrees to that, but the latter does not know the nature, mechanism, or method of promoting the transaction, so he leaves it to the responsibility of the company, so the company owner comes by taking the signatures of the borrower or guarantor on papers or documents of many more guarantees and pledges. Which requires in one transaction, and later these documents are exploited for more than one transaction, and the borrower receives the amount of one transaction, and later it appears that loans (4) or (6) were granted to him, without the knowledge or approval of the borrower of this number, as it was done through exploitation and taking Signatures on a number of guarantees, pledges and requests.
Abbas points out that swindlers always resort to clever tricks and pranks that make them gain trust and reassurance from their victims in order to achieve their goal in achieving their material and moral goals, as they build good relationships with their victims, such as if they are residents of the same region or are related by kinship, in addition to publishing many advertisements to attract their victims.
Regarding the legal position of this type of crime, he pointed out that they are complex crimes, as they are a fraud crime, another is a crime of embezzlement, a crime of forgery, and damage to public funds,” indicating that “the legal description, for example, is for bank employees, and since they are employees among them, the provisions of Article (340 of the Penal Code / of the fact that they caused harm apply to them.” Intentional or wastage of public money, and sometimes they meet the legal description in accordance with the provisions of Article (316 of the Code or 315 of the Code) of being employees in banks and they are the place where the sums were deposited and were embezzled by them, taking advantage of their position in the banks.
As for the legal description of fraudulent company owners, Abbas explained that there are those who are subject to the provisions of Article (456 Penalties) for defrauding people who were granted loans from any bank.
He pointed out that there are cases that push the judiciary to adapt the legal article in cases that meet the legal description in accordance with the provisions of Article (289 Penalties) in terms of forgery of loan transaction documents by fraudsters, which leads to borrowers or guarantors denying their signatures and fingerprints on the transaction records in front of them. The judiciary because they are ignorant of how to take their signatures and fingerprints, especially for the past years since the start of disbursing loans in 2009 and onward, and most of them are (old) or naive people. Here, this act is adapted according to the provisions of Article (243 Penalties) for the crime of misleading the judiciary, since it is when they file a complaint before the judiciary. It is the role of the judiciary to take legal procedures that take a long period of time and the court is preoccupied with these cases, and thus the result of matching their signatures and fingerprints is identical to their real fingerprints, which may open a case against them for the crime of (misleading the judiciary).
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