4 defendants acquitted of money laundering, fraud

KUWAIT CITY, April 5: The Ninth Criminal Circuit at the Court of First Instance, presided over by Judge Hamad Ahmad Al-Wazzan, acquitted four individuals of money laundering, forgery and electronic fraud, and ordered confiscation of the forged documents. The Public Prosecution charged the defendants with conspiring with other unknown individuals to fraudulently obtain KD3,800 from the victim’s bank account.

They allegedly used the bank details of the victim to transfer money and make online purchases, as well as forged bank statements and related documents. Attorney Ali Al-Wawan, lawyer for the defendants, argued that the elements of the crimes attributed to his clients were not met, that the evidence was insufficient, and that the investigations were invalid because they are based on hearsay and there was no conclusive proof. In its reasoning, the court affirmed that the case file lacked conclusive evidence proving the defendants’ involvement in the alleged crimes. It pointed out that the statement of the victim did not include a specific accusation and that the investigation failed to identify the caller or the alleged members of the criminal gang. It stated that some defendants acted in good faith, while the roles of others were not defined. It emphasized that criminal judgments must be based on certainty and conviction, not on conjecture and speculation, asserting that investigations are insufficient evidence for conviction, thus necessitating an acquittal in accordance with Article 172/1 of the Criminal Procedure and Trials Law. The court called for raising public awareness on the dangers of electronic fraud and fictitious investments, as well as the importance of maintaining the confidentiality of banking information. It also urged the legislature to issue a law criminalizing the misuse of bank accounts in suspicious transactions.