Compensation for damages in Call Center Cases under the Anti-Money Laundering Act, B.E. 2542 (1999)

Abstract

Call center fraud—or telephone-based deception—is a criminal offense that has claimed a vast number of victims. According to data from the Royal Thai Police for the year 2025, there were over 380,000 reported cases of call center fraud, resulting in total financial damages exceeding 25 billion THB. However, the proportion of victims who receive restitution remains staggeringly low compared to the total number of affected individuals. Data from the Anti-Money Laundering Office (AMLO) judicial performance report for the 2025 fiscal year reveals that only 13 cases involved victims being notified to claim their rights for protection or compensation. Simultaneously, call center fraud is a crime that victims often hesitate to report or share with others due to feelings of shame, stress, resentment, or anxiety—especially when the financial loss is substantial. Despite the recent enactment of several new laws designed to address the unique complexities of call center crimes, significant hurdles remain. These challenges include: Asset Conversion: The transformation of illicit proceeds into digital assets or other high-value commodities. Mule Accounts: The use of "mule accounts" to mask the identity of perpetrators, creating convoluted financial trails that are difficult to track. Jurisdictional Issues: Perpetrators often operate from abroad, making it difficult to bring them to justice or recover assets for victim compensation. Asset Distribution: Even when assets are seized or frozen, authorities face difficulties in distributing those funds equitably and proportionately among all victims.

These factors play a critical role in a victim's decision to enter the justice system. This article examines the various factors influencing that decision-making process, as well as the legal and practical obstacles to victim restitution. Furthermore, it proposes that the State establish a One-Stop Service mechanism to reduce costs, time, and procedural burdens for victims. It also recommends the establishment of a Preliminary Victim Compensation Fund to provide immediate relief—particularly for vulnerable groups—without requiring them to wait for the conclusion of litigation.