The iSpoof NCA investigation - ‘Operation Elaborate’ explained by Cyber Crime Solicitors

History and seizure

The site reportedly became active in December 2020, and had an alleged peak user count of 59,000. A joint UK/US investigation into iSpoof began in 2021, conducted by the Metropolitan Police, the National Crime Agency, the Department of Justice and the FBI and other agencies. The site was eventually seized by the US authorities, but remained open and continued to function as a so called ‘honey trap’ to gather further intelligence of criminal activity.

Operation Elaborate arrests in the UK by the Met Police

 The UK investigation into iSpoof is called Operation Elaborate. In the first wave of the investigation, significant users based in the UK were targeted, and over one hundred were arrested. The reported number of arrests stands at 143 at the time of writing. Of the 59,000 registered users, it is thought that one third are UK based, and are at risk of being investigated.

Who are being investigated by police and for what offences?

The investigations are largely focusing on two groups. The first is people actually involved in the running of iSpoof itself. This includes not just the founders and anyone who has dealt with revenue (including anyone who has taken money from the business), but also admins who have assisted in the day to day support for users. Anyone who is involved at this level could be suspects for the fairly serious offences of Conspiracy to defraud or Conspiracy to commit offences under the Fraud Act 2006. A conspiracy means a plan with one or more other people to commit a crime, and is generally considered more serious than just committing the crime itself. To be part of a conspiracy the state must prove that someone had knowledge that something was criminal was going on and that the person did something to support it.

The second, larger group of suspects will be the registered users of iSpoof, essentially people who have used its services for whatever reason. All UK-based registered users are likely to be of interest to police and they should expect the possibility of being arrested. They could be suspects for a number of criminal offences, primarily under the Fraud Act but also offences of blackmail, or various communications offences if they have been using iSpoof to issue threats or intimidate people, rather than simply to fool them into trusting them as an employee of a bank or other institution.

How do the police know who is a registered user?

The police arrests so far show that they clearly already have IP addresses of a number of registered users of iSpoof and have been using that as a basis. They also have the means to contact users using phone call records which have been recovered, even if users were under the impression that this was not possible. Those call records will enable officers to cross reference recorded crimes on the UK’s Action Fraud database, and in some cases against bank accounts. Suspects, associates and family members have been arrested so far in significant numbers, and the arrests will continue across the UK for at least the next 12 months.

Likely factors which will decide if people are convicted

The evidence which links user accounts where fraud has originated to the actual perpetrators will be contested in a number of cases. Prosecutors will hope to show that both financial records and also data from devices seized in raids shows that the fraudster and the arrested person is one and the same. Where they cannot prove that someone is guilty of the actual fraud, attempts will be made to show that money laundering offences have taken place. Where money laundering is alleged, the prosecution will have to prove beyond reasonable doubt that someone who had contact with money through an account or by another method had either knowledge or suspicion that the money came from a criminal source.

How long will these investigations last?

Fraud and cyber crime investigations are notoriously long, drawn out affairs. It is likely that it will be late 2023 and in to 2024 before most of the decisions are made by authorities to prosecute suspects who have been arrested. It is also likely that many more arrests are yet to happen.

Are family members of suspects being targeted?

There is no evidence yet available that suggests that the NCA or Metropolitan Police are purposely targeting family members of suspects, but in circumstances where others have had money or other assets pass through their control, it is expected that they would become suspects for money laundering. Anyone concerned they are in this position should seek legal advice.

What should people do if they are worried about being arrested or charged? 

Seeking specialist legal advice from a specialist firm dealing in Fraud and Cyber Crime is a must. This is the highest profile consumer fraud investigation in history. The media has reported that 70,000 potential victims have been contacted by UK authorities. Our advice is seek a specialist lawyer as soon as possible, Even in the investigation stage, the right representation is important, and can affect the final outcome.

Mary Monson Solicitors Cyber Crime Defence Solicitors

Our solicitors have acted in some of the biggest tech crime cases in history, including the Cambridge Analytica/Facebook Data case regarding alleged fraud in the US Presidential election. Our specialist in the field, Joseph Kotrie-Monson, is the editor of the current edition of the legal text book Cyber Crime - Law and Practice. We are happy to speak to you with no obligation if you are concerned that you or a family member is or may become a suspect in the Operation Elaborate investigation into iSpoof.