Confused and hoping for some advice here.

In 2001 I borrowed money (about 70,000 Euros) from a bank in Europe. The credit application was supported with fraudulent income-related documentation which passed the bank's assessment. The loan was granted but I never repaid the money. The matter was referred to the police and an investigation ensued which resulted in a national warrant of arrest, later upgraded to an EU-wide one. I learned about this from a lawyer I retained around 2005.

I'm not sure if the statute of limitations (5 years for fraud) can be invoked for this case.

I left Europe shortly after getting the loan and been staying in Thailand all these years. I came here with a passport (under a different name) "organised" by a friend back in 2001.

I'm now tired of hiding and want to return to Europe. Here's the dilemma:

1. If I approach the embassy here in BKK I might face questions about how I entered Thailand and proof thereof. I might also be required to get a police report if I choose to say I lost my passport. How do I explain to BKK airport immigration the absence of an entry record?

2. I very much prefer to surrender to border control authorities in Europe rather than detention (even a temporary one) here in Thailand. I know I can just show up at the airport with a ticket and the new passport but there might be procedures for extradition (such as temporary detention) to formalise and complete any administrative paperwork.

What's the best way?

Thank you for any advice.

I think your best bet is to go to your embassy and try to get a travel document to return home. "Lose" the passport as that will create more problems. Not sure if they can easily check records that far back so that may be a plus.

Maybe you will just have to pay the 20,000 baht overstay and be on your way.

Maybe one of the long over stayers will be able to confirm if they do indeed check your entry date if it has been that long.

Good luck.

another class Person lives in Thailand, hope you get twenty years when you get back, to many criminals drag the name of Thailand down.

Post No.1

Troll Troll TaTrollllllllll

Edited January 6, 201511 yr by BigBadGeordie

another class Person lives in Thailand, hope you get twenty years when you get back, to many criminals drag the name of Thailand down.

Don't really think Thailand needs any help dragging it's name down!!

It goes to show even these 'criminals' would rather go home and face the music as opposed to staying in this place, does n't really say much about LOS anymore does it...

20 years - you need to grow up!

And again 3 posts not contributing at all to the OP.

I can not contribute any advice but do sincerely wish you much luck!

Confused and hoping for some advice here.

In 2001 I borrowed money (about 70,000 Euros) from a bank in Europe. The credit application was supported with fraudulent income-related documentation which passed the bank's assessment. The loan was granted but I never repaid the money. The matter was referred to the police and an investigation ensued which resulted in a national warrant of arrest, later upgraded to an EU-wide one. I learned about this from a lawyer I retained around 2005.

I'm not sure if the statute of limitations (5 years for fraud) can be invoked for this case.

I left Europe shortly after getting the loan and been staying in Thailand all these years. I came here with a passport (under a different name) "organised" by a friend back in 2001.

I'm now tired of hiding and want to return to Europe. Here's the dilemma:

1. If I approach the embassy here in BKK I might face questions about how I entered Thailand and proof thereof. I might also be required to get a police report if I choose to say I lost my passport. How do I explain to BKK airport immigration the absence of an entry record?

2. I very much prefer to surrender to border control authorities in Europe rather than detention (even a temporary one) here in Thailand. I know I can just show up at the airport with a ticket and the new passport but there might be procedures for extradition (such as temporary detention) to formalise and complete any administrative paperwork.

What's the best way?

Thank you for any advice.

you cheating criminal,lets hope the law in Thailand catches up with you soon and you are in the Bangkok Hilton ,who and where are you PM me I can help with that.

Edited January 7, 201511 yr by kingalfred

another class Person lives in Thailand, hope you get twenty years when you get back, to many criminals drag the name of Thailand down.

Don't really think Thailand needs any help dragging it's name down!!

It goes to show even these 'criminals' would rather go home and face the music as opposed to staying in this place, does n't really say much about LOS anymore does it...

20 years - you need to grow up!

It probably never occurred to you that most probably his illicit money has run out.

Any other excuse to spout your negativity ?

Yermanee

This is a huge TROLL. Isn't it?

I also need some advise. Yesterday I bought a new bicycle but i didn't find the butter in my pocket, than I saw a fire-fighter in pink plastic bag. Fortunately my tea was salted and my book-selves are pretty red color. My cat never seen the moon and I want to send it to Bali by train, but it doesn't want to eat its birthday cake.

So please give me urgent help, what may I do now? Thanks in advance..

Edited January 7, 201511 yr by Loles

I do not know about jurisdictions in Europe but, in the USA, the statute of limitations only applies to when the person-of-interest remains in that jurisdiction and not while outside the jurisdiction such that the years outside the jurisdiction are not counted toward the 5 or 10 or whatever number of years that the statute of limitation specifies.

Confused and hoping for some advice here.

In 2001 I borrowed money (about 70,000 Euros) from a bank in Europe. The credit application was supported with fraudulent income-related documentation which passed the bank's assessment. The loan was granted but I never repaid the money. The matter was referred to the police and an investigation ensued which resulted in a national warrant of arrest, later upgraded to an EU-wide one. I learned about this from a lawyer I retained around 2005.

I'm not sure if the statute of limitations (5 years for fraud) can be invoked for this case.

I left Europe shortly after getting the loan and been staying in Thailand all these years. I came here with a passport (under a different name) "organised" by a friend back in 2001.

I'm now tired of hiding and want to return to Europe. Here's the dilemma:

1. If I approach the embassy here in BKK I might face questions about how I entered Thailand and proof thereof. I might also be required to get a police report if I choose to say I lost my passport. How do I explain to BKK airport immigration the absence of an entry record?

2. I very much prefer to surrender to border control authorities in Europe rather than detention (even a temporary one) here in Thailand. I know I can just show up at the airport with a ticket and the new passport but there might be procedures for extradition (such as temporary detention) to formalise and complete any administrative paperwork.

What's the best way?

Thank you for any advice.

you cheating criminal,lets hope the law in Thailand catches up with you soon and you are in the Bangkok Hilton ,who and where are you PM me I can help with that.

He screwed a bank for 70,000 euros...... the banks have been screwing us for a lot more...... he hardly bashed a granny on the head and robbed her,,...... get a grip will you.........

another class Person lives in Thailand, hope you get twenty years when you get back, to many criminals drag the name of Thailand down.

Don't really think Thailand needs any help dragging it's name down!!

It goes to show even these 'criminals' would rather go home and face the music as opposed to staying in this place, does n't really say much about LOS anymore does it...

20 years - you need to grow up!

It probably never occurred to you that most probably his illicit money has run out.

Any other excuse to spout your negativity ?

Yermanee

Money run out or not, i think it's great that he's stayed all these years at the expense of a bank, good for him......

It does not state his money has run out, it says he's tired of hiding.....big difference.

My negativity is well waranted thank you.

Currently you don't have a passport and cannot leave Thailand without a new one, which you need to get from your embassy. In your case they will probably only issue an emergency travel document, allowing you to travel home.

Your lack of an entry record will be a problem, which your embassy might sort out for your return to stand trail back home without going through the process of an extradition. (That involves a lot of paperwork and is not always possible, it depends on the treaties between Thailand and your home country and for which crime they allow extradition). Sometimes they prefer the method of expelling someone to his home country.

Thai immigration will not be happy with you and probably blacklist you.

if you pay for the ticket to your home country, with a direct flight, everyone will prefer you return on your own record. Much faster and cheaper, really saves all a lot of work.

You can PM member "badbanker" for proper advise. He is specialized in these kind of things.

Thank you.

I called the embassy this afternoon and it will be a one way travel document. I was also instructed to go to the embassy to discuss this further.

As I did not enter with my true passport, I was advised that they have a police liaison within the embassy (how convenient) where fingerprints can be taken to verify identity.

They are unable to advise what could or might happen at BKK airport.

As said, contact "badbanker" here: http://www.thaivisa.com/forum/user/39387-badbanker/ and send him a private message. *right hand of the middle of the screen)

The embassy should arrange things through their police liaison so all will be done speedily at the airport. You don't want to miss your flight. Immigration might want to do some checks on you t see if you are wanted in Thailand and will need to process your illegal entry and possibly blacklisting. Just turning up at the airport doesn't seem the right advise. It might take some time.

As said, contact "badbanker" here: http://www.thaivisa.com/forum/user/39387-badbanker/ and send him a private message. *right hand of the middle of the screen)

The embassy should arrange things through their police liaison so all will be done speedily at the airport. You don't want to miss your flight. Immigration might want to do some checks on you t see if you are wanted in Thailand and will need to process your illegal entry and possibly blacklisting. Just turning up at the airport doesn't seem the right advise. It might take some time.

Thanks. I will do this.

As for the 70k euros, spent about 80% of the money. Family has known where I am since 2011. I inherited a bit of money when my grandmother passed away and I intend to use some of the money as restitution (plus any interest which I'm sure the bank will pursue).

Yes yes, I know I'm one of the bad guys in this country. No need to remind of "deserving 20 years at the BKK hilton".

This bank was recently fined hundreds of millions of euros for US and UK LIBOR litigation issues and misreported transactions etc.

Statute of limitations will not apply in this case, you already have a warrant against you for fraud, the warrant isd still there and if they catch you your going to jail for fraud and additional charges of absconding

I do not know about jurisdictions in Europe but, in the USA, the statute of limitations only applies to when the person-of-interest remains in that jurisdiction and not while outside the jurisdiction such that the years outside the jurisdiction are not counted toward the 5 or 10 or whatever number of years that the statute of limitation specifies.

Statute of limitations only applies if you haven't been charged/warrants issued etc, once a warrant is issued your stuffed

Statute of limitations will not apply in this case, you already have a warrant against you for fraud, the warrant isd still there and if they catch you your going to jail for fraud and additional charges of absconding

I'm from an EU country where even warrants and court-imposed sentences have a statute of limitation.

http://www.anwalt.de/rechtstipps/verjaehrung-im-strafrecht-strafverfolgungsverjaehrung_030037.html

Statute of limitations will not apply in this case, you already have a warrant against you for fraud, the warrant isd still there and if they catch you your going to jail for fraud and additional charges of absconding

I'm from an EU country where even warrants and court-imposed sentences have a statute of limitation.

http://www.anwalt.de/rechtstipps/verjaehrung-im-strafrecht-strafverfolgungsverjaehrung_030037.html

Put the link in English

Statute of limitations will not apply in this case, you already have a warrant against you for fraud, the warrant isd still there and if they catch you your going to jail for fraud and additional charges of absconding

I'm from an EU country where even warrants and court-imposed sentences have a statute of limitation.

http://www.anwalt.de/rechtstipps/verjaehrung-im-strafrecht-strafverfolgungsverjaehrung_030037.html

A quick look in English tells me otherwise, section 78c "interruption of statute of limitations" under german law lists arrest warrants as a reason for statute of limitations to be interrupted, ergo if you have an arrest warrant SOL doesn't apply

Of course this is in English and I am not a lawyer, but from what I read seems pretty clear that if you arrive back in the EU you will be arrested

Edited January 7, 201511 yr by Soutpeel

Statute of limitations will not apply in this case, you already have a warrant against you for fraud, the warrant isd still there and if they catch you your going to jail for fraud and additional charges of absconding

I'm from an EU country where even warrants and court-imposed sentences have a statute of limitation.

http://www.anwalt.de/rechtstipps/verjaehrung-im-strafrecht-strafverfolgungsverjaehrung_030037.html

A quick look in English tells me otherwise, section 78c "interruption of statute of limitations" under german law lists arrest warrants as a reason for statute of limitations to be interrupted, ergo if you have an arrest warrant SOL doesn't apply

Of course this is in English and I am not a lawyer, but from what I read seems pretty clear

Yes I know there is an interruption but the maximum interruption period is twice the statute of limiations.

http://dejure.org/gesetze/StGB/78c.html

Also this was committed in 2001. The above law is the new (amended) law which was revised to include "interruption of statute of limitations". The law prior to this did not have an interruption provision.

The 5th clause in the above (new) law mentions that if the crime was committed before the new law was enacted, the previous law will apply to that case.

A lawyer offering online advisory services provided this information.

Oh well, let me see what happens when I arrive back home.

Good bye and good riddance, I mean good luck.

Your lack of an entry record will be a problem, which your embassy might sort out for your return to stand trail back home without going through the process of an extradition. (That involves a lot of paperwork and is not always possible, it depends on the treaties between Thailand and your home country and for which crime they allow extradition). Sometimes they prefer the method of expelling someone to his home country.

I agree with Mario, the biggest problem maybe the crime you committed when you entered Thailand under a false identity. You may be sentenced to do time or pay a fine for that, and have to deal with Thai lawyers or go undefended. You would be very, very lucky if they were to deport you with just Bt 20,000 overstay fine.

Approaching your embassy asking for a new passport may result in their question for your old passport. If not on hand, they'd like to see an official document from local authorities "why?"

Whatever happens.....in one or the other you have to prove that you are who you are.........and yes......they will find out that you are not the person that you say you are (??). So far your embassy.

For immigration.........without passport or replacing document (laissez fair ?) it's impossible to leave without consequences.
Not having a departure card is not a real disaster; you can fill in a new one.

But if that works with a new passport.........they may want to know the reason of not having a dept card + police report.....

Approaching your embassy asking for a new passport may result in their question for your old passport. If not on hand, they'd like to see an official document from local authorities "why?"

Whatever happens.....in one or the other you have to prove that you are who you are.........and yes......they will find out that you are not the person that you say you are (??). So far your embassy.

For immigration.........without passport or replacing document (laissez fair ?) it's impossible to leave without consequences.

Not having a departure card is not a real disaster; you can fill in a new one.

But if that works with a new passport.........they may want to know the reason of not having a dept card + police report.....

I entered BKK airport back in 2001 with a passport reflecting a different name (to avoid using my real passport which back then I presumed might be linked to an existing warrant). The passport I used to come here on a different name was not fake (in the sense of the document being of non-genuine material and not issued by a government authority). It was genuinely issued with the help of friend who helped me apply for it using his brother's name. His brother was disabled and at that time highly unlikely to ever travel. I write "was" because his brother passed away in 2009 which makes renewing that passport impossible. It was the details on that passport which are recorded on the TH immigration system.

I have been to the embassy and was issued a travel document with my true name. It says it's valid for return to my country only. I have the ticket too (with my national carrier) to avoid Schengen hops. I noticed the embassy staff noted down my flight number. Will probably pass it on to immigration back home.

Strange. Not detained when I was at the embassy. I actually came prepared, settled my affairs here, left most of my personal stuff with a Thai friend.

Tomorrow's the day when I finally get to step inside an airport again. Crossing my fingers.

Edited January 9, 201511 yr by thailand2002

Off topic posts removed.

Approaching your embassy asking for a new passport may result in their question for your old passport. If not on hand, they'd like to see an official document from local authorities "why?"

Whatever happens.....in one or the other you have to prove that you are who you are.........and yes......they will find out that you are not the person that you say you are (??). So far your embassy.

For immigration.........without passport or replacing document (laissez fair ?) it's impossible to leave without consequences.

Not having a departure card is not a real disaster; you can fill in a new one.

But if that works with a new passport.........they may want to know the reason of not having a dept card + police report.....

I entered BKK airport back in 2001 with a passport reflecting a different name (to avoid using my real passport which back then I presumed might be linked to an existing warrant). The passport I used to come here on a different name was not fake (in the sense of the document being of non-genuine material and not issued by a government authority). It was genuinely issued with the help of friend who helped me apply for it using his brother's name. His brother was disabled and at that time highly unlikely to ever travel. I write "was" because his brother passed away in 2009 which makes renewing that passport impossible. It was the details on that passport which are recorded on the TH immigration system.

I have been to the embassy and was issued a travel document with my true name. It says it's valid for return to my country only. I have the ticket too (with my national carrier) to avoid Schengen hops. I noticed the embassy staff noted down my flight number. Will probably pass it on to immigration back home.

Strange. Not detained when I was at the embassy. I actually came prepared, settled my affairs here, left most of my personal stuff with a Thai friend.

Tomorrow's the day when I finally get to step inside an airport again. Crossing my fingers.

Well you do know you run the risk of being arrested in Thailand for entering on a "false" passport by immigration

Not strange at all re the embassy detaining you, no embassy will detain or arrest a person

I entered BKK airport back in 2001 with a passport reflecting a different name (to avoid using my real passport which back then I presumed might be linked to an existing warrant). The passport I used to come here on a different name was not fake (in the sense of the document being of non-genuine material and not issued by a government authority). It was genuinely issued with the help of friend who helped me apply for it using his brother's name. His brother was disabled and at that time highly unlikely to ever travel. I write "was" because his brother passed away in 2009 which makes renewing that passport impossible. It was the details on that passport which are recorded on the TH immigration system.

I have been to the embassy and was issued a travel document with my true name. It says it's valid for return to my country only. I have the ticket too (with my national carrier) to avoid Schengen hops. I noticed the embassy staff noted down my flight number. Will probably pass it on to immigration back home.

Strange. Not detained when I was at the embassy. I actually came prepared, settled my affairs here, left most of my personal stuff with a Thai friend.

Tomorrow's the day when I finally get to step inside an airport again. Crossing my fingers.

Be aware that when immigration will find no record of your entry, you will have either to admit your crime, or drag on around.

At that point depending on who is handling you, it can get kind of ugly or go toward a negotiated solution and it would be really better if you had a Thai lawyer with which your maximum payout is made clear in advance.