Emirati donor files case against two men over alleged Dh3.5m charity fraud

An Emirati donor has filed a civil case in Dubai seeking to recover more than Dh3.5 million from two men he accused of fraudulently collecting funds under the guise of delivering humanitarian aid. 

The case, however, was dismissed after a final criminal ruling acquitted one of the defendants, preventing the civil court from revisiting the alleged offence. 

According to Emarat Al Youm, the claimant said he regularly contributes to charitable causes, including sponsoring orphans and supporting humanitarian initiatives. 

He alleged that the two defendants approached him claiming they had direct links to families in need and charitable organisations in an Arab country. They offered to deliver financial assistance to vulnerable households, including support for medical treatment, housing, education and orphan sponsorship.

The claimant told the court that the men provided him with a dedicated phone line to communicate with the supposed beneficiaries. 

Through international WhatsApp messages, he said he received expressions of gratitude from individuals presented as recipients of his donations. These communications, he argued, strengthened his trust and prompted him to hand over large sums in cash and cheques.

He based his civil claim on an earlier criminal judgment that had initially sentenced the defendants to one year in prison, imposed a joint financial penalty equivalent to the disputed amount and ordered their deportation, while referring the civil aspect of the case to the competent court. He also said the alleged actions had caused him significant financial loss and emotional distress.

One of the defendants later challenged the criminal ruling, prompting the civil court to suspend proceedings until the appeal was decided. 

The Court of Appeal subsequently overturned the initial conviction and issued a final acquittal, which the defendant submitted as evidence when the civil case resumed.

In its ruling, the Dubai civil court outlined the legal principle governing the binding effect of criminal judgments in civil disputes. It cited provisions of the UAE Criminal Procedures Law stating that a final criminal ruling, whether conviction or acquittal, must be respected by civil courts in matters relating to the occurrence of the offence, its legal classification and its attribution to the accused.

The court also referred to established precedents from the Court of Cassation, which consider the authority of final criminal judgments a matter of public order, preventing the same issue from being reconsidered in order to avoid contradictory rulings.

Reviewing the appeal court’s decision, the civil court noted that the acquittal was based on insufficient evidence and doubts about whether the alleged fraud had occurred.

The defendant maintained that he had indeed received the funds but had delivered them to beneficiaries as humanitarian assistance. His defence was supported by a witness whose testimony the criminal court found credible, as well as receipts indicating that the aid had been distributed.

The criminal court found that the case relied primarily on statements from the claimant and his son, along with an expert report based on documents submitted by the claimant himself. It concluded that there was no conclusive proof that the funds had not reached their intended recipients.

Given that the acquittal rested on doubt and lack of sufficient evidence, the civil court ruled that it was legally bound by the criminal judgment and could not reconsider whether fraud had occurred or attribute liability to the defendant. As a result, the claim was dismissed.