Court clears man caught in romance scam

Ayub Ali Khan Mohammed, the man accused of laundering proceeds from a romance scam targeting a Maltese woman, has been acquitted by the Court of Criminal Appeal, which ruled that he acted in good faith and without knowledge of the fraudulent activity.

The appeal overturned a 2023 judgment by the Court of Magistrates which had found Khan guilty on multiple money laundering charges and sentenced him to a suspended 18-month prison term, a €2,400 fine, and the total forfeiture of all his assets.

The case centres on a woman who in late 2018 received a Facebook friend request from a man identifying himself as “Victor Scarlett”, claiming to be a U.S. soldier in Syria. Over several months of emotional manipulation, “Scarlett” and a supposed commander convinced the woman to transfer thousands of euros to help secure his release and travel to Malta.

One of the first payments—amounting to $2,850—was sent to Ayub Khan’s Revolut account. The prosecution alleged that Khan knowingly received and withdrew funds linked to the scam and played a direct role in disguising their criminal origin.

Khan consistently claimed that he was unaware of the scam and that he had allowed the use of his account to help his flatmate Godwin, who said he couldn’t access his own funds due to an expired ATM card. Godwin explained that his sister in Canada would send the money and asked Khan to pass it on. Khan obliged, withdrew the money, and handed it to Godwin.

Khan also explained that he retained approximately €140 from the transaction as repayment for small personal loans he had previously given to Godwin during the COVID-19 pandemic. He denied receiving any benefit or participating knowingly in any illegal activity.

Justice Consuelo Scerri Herrera, delivering the Court of Criminal Appeal’s decision, concluded that the prosecution had not proven beyond reasonable doubt that Khan had the necessary criminal intent or even suspicion that the funds were illicit.

The court emphasised that suspicion, though a lower threshold than direct knowledge, still requires concrete proof. “A vague feeling of unease does not suffice,” the judge remarked, quoting established jurisprudence.

She also acknowledged the possibility that Khan’s limited English and cultural unfamiliarity may have contributed to his failure to recognise warning signs.

The case also revived debate on Malta’s controversial asset forfeiture laws. Under current legislation, a conviction on money laundering charges triggers the automatic confiscation of all assets belonging to the convicted individual, regardless of the crime’s financial scope. In Khan’s case, this was triggered over a transaction involving just €2,400.

While the court did not formally rule on the constitutionality of this law, as Khan’s legal team withdrew the related constitutional reference, the judgment included strong criticism of its disproportionate nature, describing it as “manifestly exorbitant” and “draconian”.

With its decision, the Court of Criminal Appeal revoked all findings of guilt, annulled the sentence and fines, and cleared Ayub Ali Khan Mohammed of all charges.

Ayub Ali Khan Mohammed was represented by Roberto Montalto and Jacob Magri.