MORE ROBOCALLS

While the Canadian government has requested the phone companies take steps to crack down on robocalls from fraudulent callers it seems that such efforts are harder to handle than expected.

Speaking with various businesses, the headache of the nuisance calls is widespread. The miscreants seem to be working the numbers trying to swindle the guilabble. If you receive an automated robocall, hang up immediately. Do not respond to any threats. If asked for any personal information, refuse. Giving in only emboldens the miscreants.Today a call from was received and the automated caller claimed to be from Service Canada the Federal Department of Justice. The robocaller also wanted me to press a key to speak to an agent. This is obviously bogus. Some of the false phone numbers seen:

  • 604-037-8966
  • 604-239-0854
  • 604-639-9088
  • 613-154-8145
  • 613-386-6427
  • 705-571-4615
  • 800-405-0002

Only problem is the number is wrong and the caller was also claiming a federal court proceeding was commencing. Feigning a legal action is itself a crime. Personating a law enforcement agent is also an offence. If there was a proceeding a process server would personally serve court papers. This is also very illegal using the phone system for uttering a threat.

Given the calls are using VOIP its clear that there are phone company issues that make them an accessory to the fraudulent calls. Efforts to block the calls have been frustrated by a lack of cooperation.

The reason for the flood of calls is due to leaked databases. Hundreds of US companies have seen leaks galore and penalties have been negligible at best. So this collection of personal information is now in the hands of criminal enterprises. Some of them are known to operate in India and Jamaica in secretive sweatshop phone rooms as fraud is an offence in almost every nation on the planet.

The Criminal Code of Canada:

  • 264.1 (1) Everyone commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
    • (a) to cause death or bodily harm to any person;
    • (b) to burn, destroy or damage real or personal property; or
    • (c) to kill, poison or injure an animal or bird that is the property of any person.
  • Marginal note:Punishment(2) Everyone who commits an offence under paragraph (1)(a) is guilty of
    • (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
    • (b) an offence punishable on summary conviction.
  • Marginal note:Idem(3) Everyone who commits an offence under paragraph (1)(b) or (c)
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
    • (b) is guilty of an offence punishable on summary conviction.

The reverse phone book shows the phone number belongs some some private citizen or small business. This is far from the proper area for the department of justice. For the record the department of justice does not make calls. No government agency uses robocalls, all agencies use human representatives.

The problem is that such fraudulent calls prey upon the gullible who may be swindled out of money over false pretences.

The callers use a false phone number that usually is held by some mobile user who has no idea that their number has been cloned for nefarious purposes. Using a disguise is an additional offence.

  • 351 (1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose,
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Marginal note:Disguise with intent(2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of
    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
    • (b) an offence punishable on summary conviction.