Employee at bank assisting criminal ?

[rippedoffandraging]

Hello to all. Excuse any forum related naivety. New to this malarky. Here goes.

My mother has recently been ripped off to the tune of around £250,000 by a conman claiming to be a genuine financial adviser. Long story but the guy has been charged and police are confident he will be convicted.

Whilst doing some amateur detective work, I've discovered that his girlfriend at the time was an employee of the bank of which my mother was a customer. Now, the poor girl may be innocent and may have nothing to do with the fraud but I'd really like to know if she ever accessed/viewed my mothers accounts as any information she might have gained would have been useful to the charlatan who ripped off my mother.

My question is - Can my mother ask the bank to confirm whether or not this girl accessed her accounts and are they obliged to tell her ? If so, does anyone know what the best procedure for such a request might be ?

Any help would be greatly appreciated.

Thanks

[pompeyfaith]

Re: Employee at bank assisting criminal ?

If the police are involved would it not be best to inform them of this so the police can gain access to the account as the police can ask questions that you would not get answers too.

You could send a Subject Access Request (SAR) to the bank requesting full disclosure of account of said subject but I doubt whether this will tell you who accessed what. It will however give you copies of everything they hold.

Perhaps use both approaches.

http://www.ico.gov.uk/for_the_public.aspx

http://www.ico.gov.uk/for_organisations/data_protection/~/media/documents/library/Data_Protection/Detailed_specialist_guides/sars_housing_files_v1_260808.ashx

http://www.legislation.gov.uk/ukpga/1998/29/contents

Regards

[WendyB]

Re: Employee at bank assisting criminal ?

sometimes when you get the SAR back, it will show the initials of the person accessing the accounts/recording details etc. Long shot but might be of some use?

[Guest]

Re: Employee at bank assisting criminal ?

Hello to all. Excuse any forum related naivety. New to this malarky. Here goes.

My mother has recently been ripped off to the tune of around £250,000 by a conman claiming to be a genuine financial adviser. Long story but the guy has been charged and police are confident he will be convicted.

Whilst doing some amateur detective work, I've discovered that his girlfriend at the time was an employee of the bank of which my mother was a customer. Now, the poor girl may be innocent and may have nothing to do with the fraud but I'd really like to know if she ever accessed/viewed my mothers accounts as any information she might have gained would have been useful to the charlatan who ripped off my mother.

My question is - Can my mother ask the bank to confirm whether or not this girl accessed her accounts and are they obliged to tell her ? If so, does anyone know what the best procedure for such a request might be ?

Any help would be greatly appreciated.

Thanks

If she was complicit in any fraud, this will be uncovered by the police in the course of their investigation. Bear in mind this is not the first time they will have done this and they know what to look for.

You should also be aware that the "poor girl" you refer to is innocent, as is her "conman" boyfriend until such time as they are convicted by a court.

Countless people will have had perfectly legitimate reasons for accessing your mother's account and even if you could prove that somebody looked at the account and learned something, you cannot prove what they did with that knowledge, or that it was any help to a third party.

Stop interfering and let the police and the courts do their jobs.

[charitynjw]

Re: Employee at bank assisting criminal ?


Woolmington v DPP [1935] AC 642

"Throughout the web of the English criminal law, one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner's guilt....no matter what the charge or where the trial the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained."

Per Viscount Sankey Woolmington v DPP [1935] AC 642

[Bill-K]

Re: Employee at bank assisting criminal ?

Stop interfering and let the police and the courts do their jobs.

So why are WE here, then ?
Are we not here because those who should be watching over us are not doing so ?

...."Sed quis Custodies, etc. etc. etc.....

Let's ALL stop interfering, then, and stop posting on these infernal 'self-help' sites

......and let the police and the courts do their jobs.

Yeah, right.

[Garlok]

Re: Employee at bank assisting criminal ?

I'm sure your last post was a bit "tongue in cheek" Bill. However our collective problem is that our so called "Law" is made up as it goes along, based on case law. There is no constitutional framework for us minions in this god forsaken country. Therefore the judges do whatever they like and deliberately, in my view, frustrate the will of Parliament because they resent Parliament's interference in their cosy world. Particularly when it comes to civil law and the mix of Common v Statute

A recent press report shows that only 7% (max) of the population go to public and private fee paying schools, yet at least 70% of judges come from that background. That says it all.

Now we are allowed to have criminals serving as police officers, newspapers paying the cops for stories et al.

rant over
regards
Garlok

[Bill-K]

Re: Employee at bank assisting criminal ?

So, I take it from that, that you accept the status quo, then, sir.

By all means do so - and go on your way.

I will continue to question those who deign to watch over me, for as long as I am allowed to do so.

That's why I'm here.

I think.....

....AND......

I value that freedom.

Why are YOU here ?

[charitynjw]

Re: Employee at bank assisting criminal ?

So why are WE here, then ?
Are we not here because those who should be watching over us are not doing so ?

...."Sed quis Custodies, etc. etc. etc.....

Let's ALL stop interfering, then, and stop posting on these infernal 'self-help' sites

......and let the police and the courts do their jobs.

Yeah, right.

I didn't realise you were so Juvenal, Bill. lol
Hic vivimus ambitiosa paupertate omnes.
http://en.wikiquote.org/wiki/Juvenal

[Bill-K]

Re: Employee at bank assisting criminal ?

I didn't realise you were so Juvenal, Bill. lol
Hic vivimus ambitiosa paupertate omnes.
http://en.wikiquote.org/wiki/Juvenal

Bitch.
Ectually, that Latin quote got up my nose 'cos it was in the Siggie of a joint admin at CAG who TOTALLY trashed himself.

Arrogance. I just don't like it.

That's why I'm here.

Cetelco. Tell me I should go, if you must, sir.

[leclerc]

Re: Employee at bank assisting criminal ?

If the OP believes that the girlfriend looked at the account contrary to the DPA then a complaint should be raised to the bank and the reasons for it. As this is a criminal case the police should investigate this as this is a £250 000 fraud committed and I am sure all involved parties will be investigated including access to the OP's account. Cannot really see much wrong with Cet's post since the basics of law is innocent until proven otherwise and until the case goes to court we'll not know.

[Bill-K]

Re: Employee at bank assisting criminal ?

Agreed, Le C - Innocent until proven guilty. We let blesséd Justice take its' course.

So - do we remain silent ? Or do we voice our thoughts ?

Silence is not something you enjoy, is it ?

That's why you're here. Just like me. Just like Cetelco.

But, perhaps we should allow Innocence to prevail - without our intervention, eh ?

Yeah...right.

[Guest]

Re: Employee at bank assisting criminal ?

Agreed, Le C - Innocent until proven guilty. We let blesséd Justice take its' course.

So - do we remain silent ? Or do we voice our thoughts ?

Silence is not something you enjoy, is it ?

That's why you're here. Just like me. Just like Cetelco.

But, perhaps we should allow Innocence to prevail - without our intervention, eh ?

Yeah...right.

You are confusing criminal and civil law.

As private individuals, we cannot prosecute criminal cases (although a private prosecution may be launched, provided that it meets with the requirements of section 6(1) Prosecution of Offences Act 1985.) Neither for that matter, can the police and they have not been able to since 1986, when the Crown Prosecution Service (CPS) the principle public prosecution service for England and Wales, was formed.

It is my opinion that, if a fraud is alleged and that an individual has been identified and charged and a court case is pending, then as private individuals we should not interfere with any ongoing investigation.

Defrauding an individual of £250k is a criminal offence and as such it will not be heard in a County Court, since County Courts are statutory courts with a purely civil jurisdiction.

This is notwithstanding the utterly pointless issue of whether or not the girlfriend of the alleged fraudster is guilty of anything at all, other than doing her job. The OP does not make it clear whether or not this person works simply at the same bank, or at the actual branch where the alleged victim's account is held. Should it be the former, then the link is even more tenuous, but would form part of any criminal investigation nevertheless.

The delicious irony of your posts and your repetition of my final sentence in your signature is that it is only under the very system you are calling into question are you permitted to voice any opinions at all.

Have you never heard of Habeas corpus?

[Bill-K]

Re: Employee at bank assisting criminal ?

My apologies, of course, Cetelco. I am confusing the letter of the law with the spirit thereof. I honestly didn't realise that the presumption of innocence only existed within certain parts of British Law. That shaft of decency is now no more than a limp twiglet dangling from the tree of what I once considered as life itself.

Please know that I am PRAISING the very system that you seem to think I am calling into question. I VALUE my freedom to voice my unlearnéd opinion here - and upon this sceptred isle. I do NOT question that freedom.

What I detest is the belief held by many that - as a condition of that freedom - I am not allowed to question THEM.

I've been there in CAG. The 'delicious irony' I'm feeling is one of déja vu. I'm here because I was asked to be here. Why are YOU here ?

[charitynjw]

Re: Employee at bank assisting criminal ?

http://en.wikipedia.org/wiki/Evelyn_Beatrice_Hall