Scam slam

Spreading fast: So many scam operations are sweeping the Asian region that they have been called a ‘scamdemic’ by the United Nations Office of Drugs and Crime. — Agencies

Experts discuss the legal lassos that can be used against scam park operatives.

IT takes more than just a few legal cantrips to arrest scam park operatives or at the very least, impede their activities.

These con artists excel at what they do, and coupled with the naivety of victims, transitioning a job scam into a full-blown human trafficking ring is as smooth as butter sliding in a hot pan.

Of course, with the prevalence of these scam operations sweeping the Asian region as a “scamdemic” – as labelled by the United Nations Office of Drugs and Crime – among the foremost questions on the lips of many is the effectiveness of the law in addressing the problem.

In a recent survey run by Universiti Tunku Abdul Rahman’s Tun Tan Cheng Lock Centre, Universiti Teknologi Mara’s (UiTM) Academy of Contemporary Islamic Studies in Perlis, and Centre for Malaysian Chinese Studies (Huayan), respondents generally agreed with several suggestions offered to reduce the number of victims.

Among others, they agreed on the need to develop mechanisms to control access to countries where scam parks are known to be active, as well as to strengthen or enact new laws to stem the rise of job scam- human trafficking cases.

The suggestions can be rather controversial. Several experts say curtailing Malaysians’ right to travel can be seen as a draconian measure, while the introduction of more laws can lead to overlapping complexities.

Some of the experts are also saying that Malaysia has adequate laws to deal with human trafficking and scammers, although more proactive enforcement measures can go a long way towards addressing the matter.

Gateway to get away

The Foreign Ministry says as of Nov 9 this year, it has assisted 517 Malaysians who were swindled into working in scam parks abroad to return home.

“We are also trying to trace another 192 Malaysian victims. We received more reports from the area of Laukkaing recently. This is due to the civil clashes in northern Myanmar where scam centres are affected.”

Should this be a cause enough to necessitate tighter immigration checks for Malaysians travelling to such countries?

“Such laws can be seen as quite draconian and would be going against the grain of natural human rights, such as to travel and move,” says UiTM senior law lecturer Ahmad Shukree Mhd Salleh.

“Sometimes, it is not just through the creation of laws or rules that we can regulate human behaviour – education and information may also work. Keep the general public informed of the potential dangers as well as educate them to recognise the dangers,” he said.

His colleague Mazlifah Mansoor, who is also a senior law lecturer specialising in criminal law, says there is a need to look into the matter empathetically as these individuals are victims of crimes.

“We shouldn’t restrict victims from travelling since they’ve been victimised by crimes. Preventing citizens from falling victim to scams while working overseas involves a multifaceted approach.”

Lawyer Syed Iskandar Syed Jaafar, however, says the Immigration Department should be able to conduct random checks on individuals heading to countries known to be bases of scam parks.

“There should be distinguishable traits of individuals heading to such destinations.

“Even if these travellers claim that they are attending conferences in these countries, Immigration can carry out checks to verify the claims. This is for their safety.”

Mazlifah says an example of such a measure is being done in Australia, following cases of Malaysians illegally working as apple pickers there.

“A notable best practice, as demonstrated by Australia, involves preventing Malaysians from entering to work on fruit farms in Australia.”

Lawyer Syed Iskandar Syed Jaafar says other laws can be applied to book offenders, such as the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).

Law and order

Malaysia’s Anti-Trafficking in Persons Act (Atip) which was gazetted in 2007 deals with cases that, among others, involve “recruiting, transporting, transferring, harbouring, providing or receiving of a person for exploitation”.

“Exploitation” refers to “all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs”.

Malaysia’s definition of exploitation certainly covers the predicament job scam victims face when they are coerced into working as scammers in scam parks, where modern-day slavery is taking place.

“The Atip was specifically designed to combat human trafficking activities and is further amended to include ‘exploitation’ of humans involved in trafficking. This may include job scams,” Ahmad Shukree says.

Mazlifah points out that ATIP, currently known as the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment) Act 2022, covers cases of job scams involving cross-border crimes.

“Yes, we have sufficient laws in place to protect victims of job scams and prosecute job scammers. A job scam involves deceptive tactics where individuals or groups masquerade as authentic employers, presenting job prospects to unaware applicants.

“This scheme applies equally, whether for labour or sexual work, as both situations entail misleading individuals into believing they’re being hired. Scam parks frequently engage in fraudulent schemes managed by organised criminal groups.

“This law prohibits all types of exploitation facilitated through the use of fraud or deception, which is commonly employed when recruiting workers for job scams.”

Syed Iskandar says other laws can be applied to book offenders, such as the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

“This is not only for dealing with terrorism financing but money laundering as well, which is commonplace among these scammers. There are many laws we can use against them.”

A transnational crime

An earlier survey also calls for enhanced diplomatic engagement among countries to deal with scam parks.

Syed Iskandar says in 2004 a treaty of Mutual Assistance in Criminal Matters Act (Macma) was signed by Asean members to facilitate “the widest possible measure of mutual legal assistance in criminal matters in terms of investigations, prosecutions and resulting proceedings”.

Among others, the parties to the treaty may exchange information and data in investigations into any particular criminal case.

However, the treaty does not apply “to the arrest or detention of any person with a view to the extradition of that person” and “the transfer of persons in custody to serve sentences”.

“Yes, this constitutes a transnational crime under those laws. However, enforcement becomes challenging as the scammers are not on Malaysian soil.

“If the scammers are within Malaysia, the government can take legal action against them.

“In cases where scammers operate overseas, the Malaysian government, through MACMA, can procure evidence from other countries to facilitate potential extradition to Malaysia.”

Syed Iskandar also says when it comes to transnational crimes, the Aseanapol, the organisation of Asean police chiefs, can galvanise joint efforts in combating scam parks.

“The Aseanapol meets every year. Sure, they can come up with something. I suggest for the Malaysian police to spearhead a proposal for a joint task force against these organised crimes.”

This survey was jointly supported by The Star, Sin Chew Daily, Astro Awani, Sinar Harian and Malaysia Nanban, which formed an alliance tagged as Media in Arms last year to pool resources to offer readers diversified and in-depth content.