BUSINESS EMAIL COMPROMISE FROM THE CRIMINAL LAW PERSPECTIVE
BUSINESS EMAIL COMPROMISE FROM THE CRIMINAL LAW PERSPECTIVE

Summary/Abstract: With nearly 85% of worldwide organizations being hit at least once, the Phishing attack has become one of the most significant cybercrime vectors that affect the business environment annually, with great loss in terms of money, assets, financial and personal data, confidential information and intellectual property rights. Hackers evolved both in sophistication and persistence of the methods they use in performing these attacks, while 97% of the users are still unable to roughly or properly recognize a simple phishing email. Amongst different types of Phishing, the Business Email Compromise variant represents one of the most employed tool by attackers for hacking human minds, and manipulate victims into performing various actions that eventually cause them loss. Most of the national legislations already have legal provisions to cope with this kind of menace, but the trend is to treat such scam as cyber-related offence or crime, based on the simple reason that it is performed by information technology means. While the judicial practice in this scenario is often ripped off by different interpretations of the existing legal provisions available, this material tries to come up with the most suitable criminal indictment solutions for this fraud, highlighting both technical and legal aspects that may help judges, prosecutors, lawyers, law enforcement agents and other legal practitioners in properly solving their cases.

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