Woman acquitted of fake BOV app scam after husband confesses to leaving her 'clueless'

A woman accused of scamming Bank of Valletta customers through a fake mobile app has been acquitted after evidence revealed her husband was the true perpetrator.

Jemelyn Aliga Silos, 42, had been charged alongside her husband, 44-year-old Arvin Guerrero Silos, for fraud and money laundering in 2022. The couple was accused of defrauding five individuals out of €9,389.95 using a counterfeit mobile banking app.

Investigations by the Cyber Crime Unit found that the scam involved a fake profile impersonating Bank of Valletta. Victims, believing they were contacting the bank, provided credit card details, copies of their debit and credit cards, and official identification documents. This information was then used for online purchases and fund transfers to third-party accounts, both locally and overseas. The scam included 10 fraudulent transactions between April 2021 and January 2022.

Arvin Silos confessed to the charges and was convicted, while Jemelyn maintained her innocence. Her defence lawyer, Joe Giglio, argued that although some apps were registered in her name, she had been unaware of the fraudulent activities. Arvin, who was called to testify for the defence, supported her claim, telling the court that he alone was responsible for the scam and that he had used her identity without her knowledge to create necessary accounts.

Arvin admitted to creating a fake BOV Facebook page, deceiving customers into providing security codes for transactions. He also confessed to using his wife’s passport and email to set up an Azimo account when his own was deactivated. He confirmed that Jemelyn was “clueless” about the Azimo account.

The court found Jemelyn's testimony credible, noting her lack of proficiency with online services and absence of any relevant training or employment history in customer care or banking. Despite being the recipient of some fraudulent funds and having her credentials used for account registration, the evidence did not link her to the creation or operation of the fraudulent scheme.

A forensic analyst testified that managing such a scam required technical knowledge and customer support skills, which Jemelyn did not possess. Her employment history showed only menial jobs, reinforcing the defence's argument that she had been unaware of the fraud.

The court concluded that the prosecution failed to prove beyond reasonable doubt that Jemelyn was involved in the scam. Her husband testified that upon learning of his actions, Jemelyn was devastated and confronted him, blaming him for the situation. He also revealed that one of the victims harassed and threatened her, leading her to file a police report.

In the end, the magistrate ruled that Jemelyn's lack of awareness and the prosecution's failure to establish her involvement in the fraudulent scheme warranted her acquittal. The court acknowledged her genuine distress and marked disappointment over her husband's deceit and misuse of her identity.

Police inspector Clive Brimmer from the FCID and Police Inspector Marcus Cachia from the Cybercrime Unit prosecuted, assisted by lawyers Andreas Vella and Nathaniel Falzon from the Office of the Attorney General.

Lawyers Joe Giglio and Michaela Giglio assisted Jemelyn Aligo Silos.