The Supreme Prosecutors’ Office and prosecution reform group Saber Youth on June 17 held a seminar on fraud prevention. Rank-and-file prosecutors offered some suggestions that have drawn a range of reactions.
Some media reported that prosecutors identified the Financial Supervisory Commission (FSC), the National Communications Commission and the Ministry of Digital Affairs as “villains” in the “national fraud-fighting team” for not having taken adequate measures against fraud, but these reports seem to have misunderstood the seminar’s purpose.
As they shared their experience in handling fraud cases, the rank-and-file prosecutors made suggestions to the agencies that make up the “national fraud-fighting team” in the hope of strengthening and honing fraud control. They had no intention of “naming villains.”
Since the Executive Yuan implemented the next-generation anti-fraud action plan in July last year, it has been the liveliest in my 10 years as a prosecutor in terms of communication between prosecutors’ offices, and between ministries and departments.
During this time, the Taiwan High Prosecutors’ Office has solicited rank-and-file prosecutors’ experience in handling fraud cases and has been quicker to propose solutions.
On July 25 last year, the Executive Yuan invited the FSC and other agencies to discuss countermeasures against third-party payment fraud. Three recommendations emerged from the meeting, including implementing third-party payment operators’ responsibility to “know your customer,” banks’ responsibility to “know your customer’s customer,” and improving the management and monitoring of virtual accounts.
In October last year, the FSC drew up a list of unusual transaction types for banks to keep an eye on, which has had initial success in fighting fraud.
A dilemma is that the public’s demand for financial, technological and communications convenience often runs counter to these regulatory measures, which tend to generate more lobbying and customer complaints, and restricts freedom. That means administrative agencies need additional understanding and support from the public. Prosecutors hope that the feedback they provide supports administrative agencies’ adoption and implementation of regulatory measures.
At the same time, regulations have not kept pace with the rapid growth and development of fraud syndicates as technology has advanced and caseloads have grown, leading to a dramatic rise in the burden that prosecutors have to deal with. It has also put more strain on the time and energy available for prosecutors to trace masterminds.
The ministry and the FSC responded promptly after the seminar by promising to bolster joint prevention, and introduce new measures to inspect and audit virtual accounts.
Newspaper reports say that the ministry is working on a mechanism to inform the public which third-party payment providers are in compliance with the law so that people can choose a legitimate provider. These measures are laudable, and establishing a positive evaluation mechanism would be good for the long-term development of the industry.
Prosecutors do not want public opinion to move in the direction of “naming villains” or of confrontation between ministries and departments.
Hopefully, prosecutors’ offices would collaborate with administrative agencies under the framework of the “national fraud-fighting team” so that the sparks that flew at the seminar can fuel the accelerated cooperation.
Cheng Tzu-wei is a prosecutor at the Ciaotou District Prosecutors’ Office in Kaohsiung.
Translated by Julian Clegg
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