Technological Crime, Investigation Object

Tags:

• A Man of The People
• Access
• Activity
• Appreciation of Life
• Article
• Association
• Baby of The Family
• Bank
• Banking
• Behavior
• Being
• Bibliography
• Camera
• Card
• Care
• Case
• Causes and Solutions to The Problem of
• Chamber
• Character
• Cloning
• Code
• Collection
• Complaint
• Computer
• Conclusion

Show more

Get document Get an original paper

Technological crime, investigation object

Introduction

This activity consists in the elaboration of an investigation draft to identify the social problem caused The computer crime that is committed with this conduct will be specified, pointing out the objectives of the investigation and the importance of studying this crime.

Object of study

The object of study of the investigation draft is the problem of the cloning of bank cards, which is a behavior typified as a crime by article 112 bis of the Law of Credit Institutions, as well as by numeral 432 contained in the chapter of Crimes in terms of titles and credit operations of the General Law of Credit Titles and Operations, coupled with the fact that a concurrence of crimes could occur under the same conduct other criminal hypotheses could be updated such as illegal access to systems and computer equipment provided for in articles 211 bis 1, 211 bis 4 and 211 bis 5, theft indicated in numeral 367 and fraud contemplated in article 386, all these of the Federal Criminal Code.

Social problem that produces card cloning

Card cloning is a serious security problem because it annually generates millionaire economic losses to users of financial institutions and financial institutions themselves; Although updated data has been obtained, there is information that in 2011 there were just over 24 million credit cards in the country, that is, practically the equivalent of a fifth of the population; having as a claim index against Condusef, 18 card users per 100,000.

Credit card cloning figures

Of these claims, 22% is for unrecognized consumption, 3% for non -recognized positions, 2% for the collection of products or services not hired by the customer and another 2% by consumption via the Internet not recognized, which derive from the cloning of Credit cards; having 36% of complaints received in Condusef are for card cloning, of which 55% of cloning reports originated in bars and restaurants, 25% in department stores and 20% in hotels and services and services Tourist.

The Association of Banks of Mexico estimates that between clients and banking institutions they lose up to 700 million pesos a year as a cause of the cloning of cards, although the Condusef notes that the figure can reach one billion pesos, because many times The user does not report.

Causes

The causes that probably cause this crime are diverse, being the main lack of moral conscience of the offender, as well as his little interest in seeking a lawful work; It can also be motivated by the few or null prevention and/or control measures that the user has with their credit cards, coupled with the complicity (in some cases) of the employees of the banking institutions.

Context

The context in which the crime is regularly produced, is when the user momentarily loses his credit card, so it is that the highest percentage of complaints for cloning credit cards originates in bars and restaurants, places where The credit card holder is more interested in living together than in the care of your card.

Although there are also cases in which, for more precautions the user of the card takes, this is cloned, as is when cloned in the ATMs of the banking institutions themselves, in which the offender installs a device known as Skimmer, whose function is to steal the information contained in the magnetic tape of the card to clone the data of the same.

Another way in which the cloning of a card can be given (not physical, but in your information) is through telephone calls (phishign), through which they ask for data from the bank card to later use them in the realization of Buy online, or, using the so -called “pigeons” that are USB memories that contain information from customers from a financial institution.

Parties involved

•  Victims: In the case of this crime, the direct victim regularly is the user of the bank card, but it can also be the banking institution when the cardholder has hired insurance against the cloning of cards; Although the negotiation in which some purchase or consumption with the cloned card could also be made of the victim’s character.
• Hackers: are the people who design the Skimmer devices with which the bank card information is steal.
•  The hackers can be the perpetrators, or there may be third parties who buy information and/or devices held by hackers; Even hackers can have accomplices to consummate crimes in card cloning.
• In this crime, banking institutions directly or indirectly intervene, either as victims or as harmed third parties, as well as government agencies such as Condusef which is one of the instances to which some complaint can be submitted by the cloning of bank cards, but it is The Attorney General’s Office is entitled to investigate the crimes related to bank card cloning.

conclusion

Card cloning is a crime that seriously affects users of financial systems and over the family economy, because most of the time they have to make payments for consumption and/or purchases that they did not make, being able to invest or spend that Money to meet your needs or improve your quality of life, which is why it is important to create a culture of prevention aimed at both cardholders and banking institutions.

It is also necessary unpunished.

Bibliography

1. Chamber of Deputies. H. Congress of the Union. (June 22, 2018). LXIV Legislature. Chamber of Deputies. H. Congress of the Union. General Law of Titles and Credit Operations. Retrieved on February 5, 2020, from http: // www.Deputies.Gob.mx/lawsBiblio/PDF/145_220618.PDF
2. Chamber of Deputies. H. Congress of the Union. (June 4, 2019). LXIV Legislature. Camera. of deputies. H. Congress of the Union. Credit Institutions Law. Retrieved on February 4, 2020, from http: // www.Deputies.Gob.mx/lawsBiblio/PDF/43_040619.PDF
3. Condusef. (s.F.). Condusef. Card cloning. Retrieved on February 4, 2020, from https: // www.Condusef.Gob.MX/Magazine/Index.PHP/User-Intelligente/Tips-of-Segurity/667-Clonation-De-Tarjets
4. Condusef. (s.F.). Condusef. The law protects you. Retrieved on February 4, 2020, from https: // www.Condusef.Gob.MX/Magazine/Index.PHP/Credit/Card/279-La-Law-Te-Protege
5. Condusef-Secretariat of Finance and Public Credit. (2019). Condunguías-Cloned your card. Mexico.
6. The universal. Andrea Merlos and Ricardo Gómez. (March 27, 2008). The universal. Retrieved on February 4, 2020, from https: // file.the universal.com.MX/Finance/63391.HTML
7. LXI Legislature. Chamber of Deputies. (November 2010). LXI Legislature. Chamber of Deputies, card cloning folder, number 14. Retrieved on February 5, 2020, from http: // www3.Deputies.Gob.MX/CAMARA/CONTENT/DOWNLOAD/269599/826756/FILE/folder14_clonacion_de_tarjetas_credito_debito.PDF
8. LXIV Legislature. Chamber of Deputies. H. Congress of the Union. (January 24, 2020). LXIV Legislature. Chamber of Deputies. H. Congress of the Union. Federal penal code. Retrieved on February 1, 2020, from http: // www.Deputies.Gob.mx/lawsBiblio/PDF/9_240120.PDF