Fake job offers and the money-mule trap

Terms used

• DNI — The DNI is the national identity card for Spanish citizens.
• NIE — The NIE is the identification number Spain gives to foreigners for tax and official dealings.
• Denuncia — A denuncia is a formal report of a crime made to the police, Guardia Civil or a court.
• INCIBE — INCIBE is Spain's national cybersecurity institute, with a 017 helpline for online fraud.

Key rules

• Upfront fees: Never pay anything to get a job.
• Your bank account: A real employer does not ask you to receive money and forward it.
• Not knowing: Ignoring obvious warning signs can still lead to a conviction.
• If involved: Stop transfers, tell your bank, report to the police and see a lawyer.

The bottom line

A real employer never needs your personal bank account to receive and forward money. If a "job" asks you to do that, it is a money-mule scheme. You can be prosecuted for it, even if you were only trying to earn a living.

How to spot a fake recruiter

Be suspicious if you see any of these:

• You are asked to pay upfront for training, materials, a visa or "administrative fees". Never pay to get a job.
• The interview happens only on WhatsApp, Telegram or text chat.
• The pay is very high for little work or no experience.
• The company is vague: no verifiable address or website, or emails come from a free webmail address instead of a company domain.
• They ask for copies of your DNI or NIE, bank details or other personal data before any contract.
• You are asked to receive money in your account and pass it on, often for a commission.
• You are sent a cheque or payment for too much and asked to return the difference.
• They push you to act fast.
• You never applied for the job.

Before you reply, check that the company exists, find its address and website yourself, and contact it through details you found independently.

Why acting as a mule is risky

You can face several charges:

• Fraud (estafa) as a participant or accomplice.
• Money laundering (blanqueo de capitales), which covers receiving, converting or transferring property you know comes from crime. The prison term is 6 months to 6 years, plus a fine of up to three times the value of the money.
• Grave imprudence. If you did not know but ignored obvious warning signs, you can still be convicted. The penalty is lower: 6 months to 2 years plus a fine.
• Receptación, which covers helping someone profit from property obtained through crimes against property.

Courts work out what you knew from the circumstances: an unusual job offer, a commission for forwarding money, use of your own account, and ignoring bank warnings. You can also be ordered to repay the victims.

Penalties and outcomes are decided by the court in each case, so get a lawyer if you are involved.

If you have already moved money

Act in this order:

1. Stop. Make no more transfers. Do not keep or send any more money, and do not accept new funds.
2. Tell your bank straight away. Explain what happened and ask it to flag or return the funds if they are still available.
3. Report it. File a denuncia with the Policía Nacional or Guardia Civil (or the court), ideally before they contact you. Say you were deceived and hand over everything. You can also call INCIBE on 017.
4. Keep the evidence. Save the job advert, chats, emails, contracts, transfer receipts, account statements and the employer's details.
5. Cut contact with the "employer".
6. Get a lawyer early, ideally a criminal defence lawyer. You may be treated as a suspect or as a witness, depending on the facts and the investigating judge.

Cooperate with the police and your bank. Reporting early and not having profited help show good faith. Expect your account to be blocked or closed.

The warning and FAQ below cover the main questions about liability and repayment.

What to watch out for

• Forwarding money can be a crime: If your account receives money and you pass it on, you can be prosecuted for fraud (estafa) as a participant, and for money laundering (blanqueo de capitales). Laundering carries prison of 6 months to 6 years plus a fine of up to three times the value of the money. Never use your own account to receive and forward money for an employer. Refuse any job that asks you to.

• Not knowing is not always a defence: If you ignored obvious warning signs, you can be convicted of money laundering through grave imprudence, with a lower penalty of 6 months to 2 years plus a fine. Courts infer knowledge from an unusual job offer, a commission for forwarding money, use of your own account and ignored bank warnings. Treat a commission for moving money as a stop sign, and listen when your bank questions a payment.

• You may have to repay the victims: Besides criminal penalties, a mule can be ordered to repay the victims. Receptación, helping to profit from goods obtained through property crimes, is another possible charge. If you have already moved money, stop all transfers, tell your bank, report to the police and get a criminal defence lawyer early.

Frequently asked questions

Can I be convicted as a money mule if I did not know the money was criminal?

Yes, you can still be convicted if you ignored obvious warning signs, because grave imprudence is also punished, with a lower penalty of 6 months to 2 years plus a fine.

Will I have to pay the victims back if my account was used?

Yes, a court can order a money mule to repay the victims through civil liability. This is separate from any prison sentence or fine.

What happens to my bank account if I forwarded money for a fake employer?

Expect your bank account to be blocked or closed once the fraud is flagged.

Will the police treat me as a suspect or a witness after I report?

It depends on the facts and on the investigating judge, so you may be treated as either. Get a criminal defence lawyer early, report before the police contact you, and say clearly that you were deceived.