DUBAI // It is the Dh31 million case of the bank versus the customer … and so far, the customer is winning.
Citibank claims the huge sum was wrongly deposited in an account belonging to IS, an Emirati businessman. He withdrew Dh4 million before the bank froze the account and took the case to public prosecutors.
IS was charged at Dubai Court of Misdemeanours in June with the illegal seizure of funds, but acquitted a month later.
Now prosecutors are taking the case to appeal. IS, meanwhile, is not only Dh4 million ahead but is suing the bank for the return of the frozen Dh27 million.
The dispute began when IS was involved in a property transaction with a German company in 2009.
Citibank claims that a cheque for Dh31 million deposited at their German branch was forged, and that they found out only after the sale transaction went through and the cash had been credited to IS's account. When he refused to return the Dh4 million he had already withdrawn, they took him to court.
During the trial, the court asked the bank and prosecutors to present proof of fraud. They were unable to do so.
On July 18, presiding Judge Abdullah Abu Zaid ruled that the charges brought forward by the public prosecution had no grounds, as there was no proof of fraud by IS.
Judge Abu Zaid said there had been a legitimate banking transaction, IS had withdrawn amounts deposited into his account, and there was no criminal intent.
There was no legal ground for the claim that the cheque was fraudulent, the judge ruled.
"The court cannot take into account claims by Citibank's German branch that a fraudulent cheque has been issued without proof," Judge Abu Zaid said, "especially after it has withdrawn monies from the first party's account and deposited it into the defendant's account."
Prosecutors filed an appeal against the ruling last week.
They asked for a sentence of two years in jail, claiming that IS had illegally seized funds and refused to return them.
The public prosecutor says there was a mistake by Citibank in Germany, which was later rectified, but that IS refused to cooperate and is therefore responsible.
IS's lawyer, Yaqoob Ibrahim Shahin, said a civil claim was being made against Citibank to reimburse his client with the remainder of the amount.
The case will return to court on December 30.
amustafa@thenational.ae
A State of Passion
Directors: Carol Mansour and Muna Khalidi
Stars: Dr Ghassan Abu-Sittah
Rating: 4/5
Skewed figures
In the village of Mevagissey in southwest England the housing stock has doubled in the last century while the number of residents is half the historic high. The village's Neighbourhood Development Plan states that 26% of homes are holiday retreats. Prices are high, averaging around £300,000, £50,000 more than the Cornish average of £250,000. The local average wage is £15,458.
UPI facts
More than 2.2 million Indian tourists arrived in UAE in 2023
More than 3.5 million Indians reside in UAE
Indian tourists can make purchases in UAE using rupee accounts in India through QR-code-based UPI real-time payment systems
Indian residents in UAE can use their non-resident NRO and NRE accounts held in Indian banks linked to a UAE mobile number for UPI transactions
Specs
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The specs
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Libya's Gold
UN Panel of Experts found regime secretly sold a fifth of the country's gold reserves.
The panel’s 2017 report followed a trail to West Africa where large sums of cash and gold were hidden by Abdullah Al Senussi, Qaddafi’s former intelligence chief, in 2011.
Cases filled with cash that was said to amount to $560m in 100 dollar notes, that was kept by a group of Libyans in Ouagadougou, Burkina Faso.
A second stash was said to have been held in Accra, Ghana, inside boxes at the local offices of an international human rights organisation based in France.
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BIGGEST CYBER SECURITY INCIDENTS IN RECENT TIMES
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Prop idols
Girls full-contact rugby may be in its infancy in the Middle East, but there are already a number of role models for players to look up to.
Sophie Shams (Dubai Exiles mini, England sevens international)
An Emirati student who is blazing a trail in rugby. She first learnt the game at Dubai Exiles and captained her JESS Primary school team. After going to study geophysics at university in the UK, she scored a sensational try in a cup final at Twickenham. She has played for England sevens, and is now contracted to top Premiership club Saracens.
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Seren Gough-Walters (Sharjah Wanderers mini, Wales rugby league international)
Few players anywhere will have taken a more circuitous route to playing rugby on Sky Sports. Gough-Walters was born in Al Wasl Hospital in Dubai, raised in Sharjah, did not take up rugby seriously till she was 15, has a master’s in global governance and ethics, and once worked as an immigration officer at the British Embassy in Abu Dhabi. In the summer of 2021 she played for Wales against England in rugby league, in a match that was broadcast live on TV.
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Erin King (Dubai Hurricanes mini, Ireland sevens international)
Aged five, Australia-born King went to Dubai Hurricanes training at The Sevens with her brothers. She immediately struck up a deep affection for rugby. She returned to the city at the end of last year to play at the Dubai Rugby Sevens in the colours of Ireland in the Women’s World Series tournament on Pitch 1.