I started dating Sven at the end 2016, I had just been divorced. He left for Congo in December 2016 and returned in December 2018.

Upon his return, he advised that he needed a card where he can receive money. I had a card that I had initially given to my daughter. I took that card and gave it to Sven. He received money 3 times.

One of the times he received R3 000 from PS on 15th February 2019.

PS has now laid a charge of fraud saying that she was scammed by Sven of the R3 000.

The SAPS subsequently contacted the bank and my card has now been blocked.

The bank has requested that I provide an affidavit stating my relationship with Sven and where from the R3 000 was, and where it was going, as well as any supporting documents. I have not submitted this yet as I wanted to consult first.

I then consulted my lawyers for assistance. My lawyers have rejected the claim on the basis that I knowingly conducted a crime.

I was not aware that giving someone your card is a crime. I have done it many times before.

The lady at FNB mentioned that my account might not be the only one that Sven used for the fraud, there may be others.

  1. Can my lawyers reject the claim if I didnt know that giving someone you card is a crime?
  2. Can I be found guilty on the basis that the money was received in my account? On her claim, PS states that she was scammed by Sven, the problem is that the money was deposited to my account.
  3. If I am found guilty, what is the worst case scenario for me?
  4. If I can get hold of PS and pay her the R3 000, can she drop the charges? Or is it only the state who can drop the charges?
  5. Does it make a difference that my account is not the only one used for fraud? Would PS be able to drop my charge only?
  6. Should I be worried at all? Should I be getting a lawyer?
  • 2
    what type of card was it? A re-loadable gift card? Credit card? Debit Card? – mhoran_psprep Mar 23 '19 at 11:18
  • 1
    Get a new lawyer? – jcm Mar 23 '19 at 12:03
  • Normal savings card – user83712 Mar 23 '19 at 17:01
  • 1
    What is a savings card? Do you mean a card that gives access to a bank account? To a bank account in your name? – DJClayworth Mar 23 '19 at 22:07
  • 2
    Who is the owner of the accounts? Was it your account alone or a joint account with someone else? You should also review any account agreements. These likely have some statement that only people named on the account should have the cards, PINs, or passwords to the account. If the contract says that you should not share your card, then you shared your card, its a contract violation. – Freiheit Mar 27 '19 at 13:28

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