Mr Bond was held in custody at police headquarters in Durban until 26 February 2003 when he was released following the arrest of the real suspect, Derek Sykes. Unfortunately, Derek Bond, the retired businessman, who was on holiday with his wife, was arrested instead of Derek Sykes. The FBI issued a warrant for the arrest of Derek Sykes and this was executed by South African Police in Durban on 6 February 2003 in the name of Derek Bond. Since 1989, Derek Sykes had been making use of the identity of a 72-year old retired businessman from Bristol in the UK, Derek Bond, who had never met Derek Sykes, and had no connection with his alleged crimes at all. The case concerned a 72 year-old man, Derek Lloyd Sykes, whom the FBI was investigating in connection with alleged cyber telemarketing fraud involving millions of dollars in the US. For instance, in March 2003, a case was reported in the UK that provides a good example of the problem of trans-national identity related fraud. Thus, at the initial stage, the face-book account holder would be accountable for the crime committed by someone else. The virus which infected Microsoft Windows operating systems was sent by E-mail attachments which when opened damaged files in the computer and then replicated itself by sending similar messages to all the addresses in the infected computer’s address book.įor example, one may hack X’s face-book account from outside of Bangladesh and use his account to commit a crime. An example of the kind of difficulties that can arise concerns the case of “Onel de Guzman” who was alleged to have sent out the so-called “Love Bug virus” in May 2000. In the case of cyber related crime, this is often not the case. Extradition requires not only that an appropriate treaty exist between the two countries concerned, but also that the conduct in question be criminalised in both referring and receiving country i.e. Securing Extradition: “Dual Criminality” Securing extradition is one of the most challenging stages for the investigator and prosecution team. This outcome is plainly evident that, without the cooperation of other State there is simply no mechanism for foreign governments to take effective legal action against the individuals who perpetrated the act.
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