Help with Business Fraud

Closed Thread
  1. #1

    Exclamation Help with Business Fraud

    Hello Everyone,

    I have been advised to come to this forum and quite frankly as a last resort. A friend of mine, named Attanu referred me to this site. Nonetheless, the story is that I have provided funds of about USD 4000 to a company and I have not yet recieved any goods from that company. Its been nearly 2 months and the person would not attend my phone calls or reply to emails.

    I have thought of getting a hold of legal authorities, but I nothing about the whereabouts and how to go around HK. Furthermore, I am in the UK, so I can do little about anything anyways. I have heard that the HK authorities take fraud very seriously, but I would certainly appreciate if someone can advise me where to turn. Also, I wanted to know if there is a local yellow pages for HK and Shenzhen where I can maybe lookup the individual. Unfortunately, I had little luck with searching for authorities or the individuals from yellow pages via Google or Msn.

    Could someone please advise me if there is a procedure that I can follow to get a hold of this guy and either have my hard earned money back or he sends in the goods. Any word of advise would be appreciated. I feel that the longer I wait, the slimmer the chances are for me to get a hold of him, hence the cry for help

    Adil Moosa


  2. #2

    Join Date
    Apr 2003
    Location
    Hong Kong
    Posts
    3,988

    Sorry to hear about your problem. I would first contact the Hong Kong police - they do take alleged fraud very seriously, contact them.

    I would also try www.cab.org.hk, although aimed at local residents, they have english speaking staff that might be able to help.


  3. #3

    Join Date
    May 2004
    Posts
    473

    there is also HK Trade Development Council (http://www.tdctrade.com/) and Business Yellow (http://yp.com.hk/iyp_e05/gateway_flash.asp)


  4. #4

    Join Date
    Apr 2003
    Posts
    12,383

    First of all, most of the contacts above are useless when it comes to enforcing the law.

    -- Do you have evidence that this person received your money.

    -- Do you have a contract that they agreed to deliver certain products to you.

    The devil is in the details. Most of the time, the buyer due to naive trust, does not have proper paper work in place to prove that they paid and prove their agreement.

    First thing you might want to do is collect all the papers. Next thing that you want to do -- have a local lawyer or someone who is better educated in commercial matters than yourself (i.e. knows how trade issues can be enforce) in your country review those documents.

    If you're strongly conviced that you have a case of fraud on your hands I would contact that commercial crimes bureau at the Hong Kong Police force.

    Commercial Crime Bureau - 2860 5012 / 2860 5013
    Email: [email protected]

    If your transaction was negotiated over the internet i.e. you made the agreement using an auction or trade related website, contact them and see what options you have.

    Keep in mind that fraud is often difficult to prove. For example... if the person says they mailed you the product (and your agreement did not state that they need to send it by a registered delivery type mechanism) then it is difficult to prove that you did not receive the products.

    Often... it is better to accept that you have learnt an expensive lesson and move on.


  5. #5

    Just some quck thoughts:

    The devil really is in the details. It also sounds like you would need a lawyer. Getting one and proceeding to litigation would likely cost you more than $4000.00.

    If the goods you have paid for are commercial (as opposed to personal-use) goods, then the CISG (UN Convention on Contracts for the Sale of International Goods) may apply. The CISG is a uniform contract law adopted by most industrial nations, and both the UK and HK are party to the Convention. This means that your contract dispute is governed by a clear set of rules.

    Jurisdiction (which court will hear your dispute, and whether that court has authority to bind the company into actually giving you your goods or paying you your money back), however, opens up a whole new can of worms. In international sales companies often elect to insert an arbitration clause in the contract, as to bypass part of the headache of dealing with jurisdictional issues. Do you have an arbitration clause in your contract?

    For more information on the laws governing international sales of goods, check out http://www.unilex.info

    Also maybe try contacting the Hong Kong ICAC (Independent Commission Against Corruption)? I don't know how much they can help, but can't hurt to try: http://www.icac.org.hk/eng/main/index.html

    Hope this helps.


  6. #6

    Join Date
    Apr 2003
    Posts
    12,383

    ICAC deals with corruption related issues. They do not get involved in trade disputes (which is what this is, until someone can prove a crime has been committed).

    One thought, did you deal with an individual or a company? Did you transfer the money to a company account or to an individual's account? (I hope this is not a case where you paid cash!)

    You can try searching for the company's information here... if you paid into a company account.

    http://www.icris.cr.gov.hk/csci/


  7. #7

    Join Date
    Apr 2003
    Posts
    12,383

    Oh yeah, it allows you to some interesting searches related to directors of companies etc ..


  8. #8

    Join Date
    Mar 2005
    Location
    Tsimshatsui
    Posts
    161

    Perhaps you should also contact your bank or credit card issuer as well. Do you have any details on this company at all?


  9. #9

    Join Date
    Jun 2005
    Posts
    25

    it would be clearer, maybe if you could list some more information about this fraud company, name, location, and supplied what type of goods?

    chances are someone in hong kong maybe have come across this name elsewhere information not avaible to the web.