By Texas Parole 
“In an age where medical and technological innovations are advancing at an unprecedented pace, the fine line between science and illusion becomes fertile ground for fraud. When it comes to their health or the dream of parenthood, people may believe any promise, no matter how fantastical it may seem. This is the tragedy of medical cyber fraud: a crime that not only steals money, but also robs people of hope and destroys trust.”
Law in Jordan is no longer just a means of presenting cases before the courts; it has become the first line of defense against deception and misinformation, especially in light of the spread of sophisticated forms of fraud. Today’s lawyers are partners in uncovering the truth and protecting the rights of individuals, standing up to those who exploit scientific or technological advances to make illicit gains. From this perspective, the role of reputable law firms, including our law and legal consulting firm in Jordan, which has taken it upon itself to address such specific issues that combine the complexities of law, medicine, and technology, becomes prominent.
Jordan has recently witnessed one of the most serious cases of medical fraud, in which a licensed and well-known medical center promoted what it described as “stem cell treatment for infertility.” To lend credibility to its claims, the center released a professional video showing a British man holding a baby and thanking the doctor and the center for the success of the treatment. This moving scene was enough to convince a Jordanian couple to contact the center and pay $30,000 in the hope of fulfilling their dream of having children. However, the truth that emerged later—after four years of waiting and promises—was that science has not yet proven any stem cell treatment for infertility, and that what happened was nothing more than a clever deception disguised as medicine.
This raises the fundamental question that forms the problem of this research: how does Jordanian law deal with fraud crimes when they move from the traditional realm to cyberspace, and when they are disguised as science and medicine? Are the current legal texts (Penal Code, Electronic Transactions Law, Cybercrime Law) sufficient to deter such acts and protect victims?
The danger of electronic medical fraud lies in the fact that it is a compound crime:
it is a financial crime, as it aims to seize the funds of others by fraudulent means.
It is a psychological and social crime, as it destroys the hopes of victims and causes deep disappointment.
It is also a scientific crime, as it exploits modern medical terms such as “stem cells” to convince the public of the existence of a treatment that has not yet been proven.
Finally, it is a cybercrime, as it is committed via the internet and digital media.
Hence the importance of this research, which aims to:
Clarify the concept of fraud and its pillars in Jordanian law.
Analyze relevant legal texts, in particular Article 417 of the Penal Code, Article 24 of the Electronic Transactions Law, and Article 15 of the Cybercrime Law.
Highlight the aggravating circumstances that must be applied when fraud is committed in the name of a medical profession or through licensed institutions.
Clarifying the scientific dimension by reviewing the latest international medical studies confirming that stem cell treatment for infertility is still in the experimental research stage
Practical application to the medical center case, as a model that reveals the loopholes in the law and the challenges faced by the Jordanian judiciary in cases of electronic medical fraud.
It cannot be ignored that this case and others place a pivotal role on lawyers that is not limited to advocacy, but extends to collecting digital evidence, providing legal medical advice, protecting the rights of victims, and advocating before criminal, civil, and administrative courts. This is the role that our office in Jordan is committed to through addressing such cases, seeking justice for victims, and establishing legal precedents that deter other centers that may consider exploiting people’s hopes in similar ways.
This research is therefore not merely a theoretical study of legal texts, but rather an analytical and practical reading based on real facts and on the professional and ethical responsibility imposed by the mission of the legal profession in Jordan: the mission of protecting society from fraud, whether in financial markets, medical clinics, or cyberspace.
✍ Chapter One: The General Framework of Fraud in Jordanian Law
Section One: Definition of Fraud and Its Legislative Development
Fraud is one of the oldest forms of financial abuse. It is not merely a passing lie or an unfulfilled promise, but rather organized criminal behavior aimed at seizing the property of others through deliberate deception. Criminal jurisprudence defines it as: “Any act committed by the perpetrator using fraudulent methods or false claims that deceive the victim into believing that something untrue exists, causing them to hand over their money under the influence of this deception” (see: Abdul Qadir Al-Armouti, Explanation of the Jordanian Penal Code – Special Section, p. 215).
Jurisprudence emphasizes that the essence of fraud is convincing deception, meaning that lying alone is not sufficient; rather, it must be accompanied by means and methods of misrepresentation that convince the victim of the truth of the claim. This is what distinguishes fraud from “mere lying” or “breaking a promise,” as a passing lie may give rise to civil liability but does not amount to a criminal offense (see: Omar Al-Jazi, Jordanian Criminal Law – Financial Crimes, p. 144).
From a legislative perspective, the Jordanian legislature has regulated the crime of fraud in Article 417 of the Penal Code of 1960, which states that:
“Anyone who induces another person to hand over movable or immovable property or a document containing a commitment or discharge, by using fraudulent means to mislead them into believing in a false project or fabricated fact, or to raise hopes of a fictitious profit, or the repayment of the amount taken by fraud, or by leading them to believe in the existence of an incorrect debt instrument or a forged discharge instrument, shall be punished by imprisonment for a term of six months to three years and a fine.”
This text reveals the legislator’s tendency to focus on two essential elements: the fraudulent means (false projects, fabricated facts, false promises of imaginary profits) and the result (the handing over of money). It thus makes fraud a crime of a dual nature: it requires a deceptive act on the part of the perpetrator and a voluntary act on the part of the victim (the handing over of money) carried out under the influence of deception.
The Jordanian judiciary confirms this understanding, as the Court of Cassation ruled in its judgment No. (2322/2017) that “fraud is not achieved by mere lying, but must be accompanied by fraudulent means that deceive the victim and induce him to hand over his money.”
Section II: Elements of the crime of fraud
First requirement: Material element
The material element consists of three components:
Fraudulent act: This includes all means used to mislead, such as impersonating a specialist doctor, claiming that there is a new unproven treatment, or presenting forged documents and invoices. A real-life example of this is the case of “The Medical Center – Stem Cell Treatment,” where a video was used of a foreigner thanking the center for “giving birth to a child thanks to the treatment,” even though science has not proven the effectiveness of this method to date.
Criminal result: This is the handing over of money by the victim under the influence of deception. The crime is not complete simply by presenting fraudulent means, but must have a tangible effect, such as transferring money or signing a contract.
Causal relationship: It must be proven that the fraudulent means were the direct cause of the transfer of money. If the victim transferred the money for other reasons (such as kinship or friendship), the material element is not complete.
Second requirement: Moral element
In addition to the material element, the law requires the presence of criminal intent in two forms:
General intent: The perpetrator’s knowledge that he is using false or fraudulent means.
Specific intent: the intention to unlawfully take possession of another person’s money.
The Jordanian Court of Cassation confirmed in its ruling No. (1483/2015) that: “Criminal intent in fraud requires knowledge that the alleged facts are untrue and the perpetrator’s intention to take possession of the victim’s money.”
Therefore, a doctor or medical center that advertises a treatment that has not been scientifically proven to be effective and then charges patients large sums of money has both general intent (knowledge that there is no proven treatment) and specific intent (desire to obtain money).
Third discussion: Aggravating circumstances for the crime of fraud
The Jordanian legislature did not limit itself to stipulating the material and moral elements, but added some cases that are considered aggravating circumstances for punishment, given their extreme danger to society. Among the most prominent of these are:
If the fraud is committed by a doctor or a person of legal standing: this is because society places its blind trust in these groups, and exploiting this trust is considered a double betrayal. In its ruling No. (3425/2019), the Court of Cassation considered that “a doctor’s exploitation of his scientific status to mislead patients into believing in the existence of an unproven treatment is an aggravating circumstance that warrants a harsher penalty.”
If the fraud is committed against more than one person: the social danger of the crime is multiplied, and its impact extends to more than one victim, which requires a harsher punishment to deter the perpetrator.
If the perpetrator exploits the physical or mental disability of the victim: This is considered the most heinous form of fraud because it exploits human weakness in the most abhorrent manner.
Summary of Chapter One
This presentation shows that the crime of fraud in Jordanian legislation has clearly defined elements and that appropriate penalties have been specified, taking into account aggravating circumstances. However, the problem lies in the changing patterns of fraud, which is no longer limited to paper contracts or transactions, but has come to appear in misleading electronic advertisements and “medical miracles” promoted through the media and social networking sites.
These developments raise a fundamental question: Are the provisions of Article 417 sufficient to combat electronic medical fraud? Or does the matter require an integrated reading with the laws on electronic transactions and cybercrime?
This will be the subject of the second chapter of this research.
✍ Chapter Two: Electronic Fraud in Jordanian Law
Section One: Electronic Transactions Law (Article 24)
Jordanian lawmakers recognized early on the dangers of the digital environment and the opportunities it provides for fraud and deception, and so they passed Electronic Transactions Law No. 15 of 2015. Article 24 of this law criminalizes the creation or dissemination of false electronic data or records with the intent to deceive others.
This provision reflects a legislative awareness of the shift of fraud from physical documents to the electronic medium. Invoices that were forged on paper in the past can now be generated using computer programs and sent to the victim via email or posted on an official website.
It is important to note that the legislator did not require actual damage to occur for the act to be considered a crime; merely creating or publishing false data is sufficient. This is a fundamental difference from Article 417 of the Penal Code, which requires the delivery of money. In other words, the Electronic Transactions Law intervenes at an early stage, before the criminal result occurs (see: Muhammad al-Majali, Explanation of the Jordanian Electronic Transactions Law, p. 212).
In practice, it can be said that a medical center that published electronic advertisements about infertility treatment with stem cells may be subject to this provision if it is proven that the published content included misleading medical information or false photographic testimonials.
Section II: Cybercrime Law (Article 15)
With the expansion of digital use, the Cybercrime Law No. 27 of 2015 came to establish a more comprehensive framework. Article (15) criminalizes the commission of any crime punishable under existing laws if the information network or information systems are used as a means to commit it.
This provision is “referential” in nature, meaning that it does not create a new crime so much as it expands the scope of traditional crimes (such as fraud, as defined in Article 417) to include their electronic counterparts. In other words, fraud committed via websites or social media platforms is considered “electronic fraud” and is subject to the same penalties as ordinary fraud, with the possibility of considering the use of technology as an aggravating circumstance (see: Court of Cassation ruling No. 2962/2018).
In the case of the medical center, the video posted on the internet that misled patients about the effectiveness of the treatment falls within the scope of Article (15), as it constitutes the commission of a fraud offense (417) using electronic means. The center is therefore liable for a double offense:
A traditional fraud offense under Article (417).
Electronic crime under Article (15).
Section III: Fundamental differences between traditional fraud and electronic fraud
It can be said that there are subtle differences between traditional and electronic fraud in Jordanian law:
Means used
Traditional fraud: Based on false projects or fabricated facts presented face to face.
Electronic fraud: Relies on technology, such as websites, email, misleading videos, or artificial intelligence to falsify images and sound.
Example: A doctor who receives a patient in his clinic and promises him an unproven treatment is committing traditional fraud. However, if he posts an advertisement on Facebook or YouTube about an unproven “miracle” treatment, he is committing electronic fraud.
The seriousness of the crime
Traditional fraud: Its impact is often limited to a specific local area.
Cyber fraud: It transcends geographical boundaries and can affect hundreds of people in different countries in a short period of time.
In the case of the medical center, the misleading advertisement was not limited to patients in Jordan, but was also seen by people from abroad, opening the door to “misleading medical tourism.”
The impact of crime on community trust
Traditional fraud undermines trust between individuals.
Cyber fraud undermines trust in medical institutions, the health system, and the country as a treatment destination.
The World Health Organization warned in its report (WHO Report on Stem Cell Research, 2021) that “misleading marketing of experimental treatments online undermines patients’ trust in medical institutions and puts their lives and money at risk.”
Summary of Chapter Two
It is clear from this presentation that Jordanian lawmakers have introduced effective tools to combat digital fraud through the Electronic Transactions Law and the Cybercrime Law. However, the real challenge lies in practical application, especially in medical cases based on misleading scientific propaganda.
The combination of Article 417 of the Penal Code with Articles 24 and 15 forms an integrated system capable of prosecuting perpetrators of electronic medical fraud. However, reality shows that many victims do not file complaints, either due to a lack of legal awareness or because they believe that what happened was merely a “medical failure” and not a crime of fraud.
This is where law firms in Jordan, including ours, play a role in educating the public and providing legal advice to victims, in addition to pursuing cases in court to prove that what happened was not merely a medical error, but a crime of electronic fraud that warrants punishment and compensation.
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Chapter Three: Practical Application – The Case of Stem Cell Treatment for Infertility
Section One: Presentation of Facts
Jordanian courts recently witnessed a notable case involving a medical center specializing in infertility treatment. The center launched an online advertising campaign on social media platforms that included:
A professional video showing a British national thanking a Jordanian doctor, claiming that the center helped him conceive using stem cell technology.
The publication of sponsored ads on Facebook and YouTube targeting couples suffering from fertility problems.
Signing treatment contracts that included a payment of up to $30,000 for a treatment program lasting a full year.
However, after the treatment period ended, the couple discovered that the treatment had not achieved any results and that what was shown in the video was nothing more than a misleading scene with no scientific basis. They therefore filed a complaint with the Jordanian judiciary, and the case began to take on legal, scientific, and media dimensions.
Second section: Legal classification
1. According to the Jordanian Penal Code (Article 417)
Article 417 of the Jordanian Penal Code states that:
“Anyone who induces another person to hand over movable or immovable property by fraudulent means, or by using a false name or false identity, shall be punished by imprisonment for a term of six months to three years and a fine…”
Applying this to the incident, it is clear that:
The center used fraudulent means by publishing a misleading video showing unproven therapeutic success.
It relied on medical credentials as a cover to convince the victims.
This resulted in the transfer of money ($30,000) and actual damage.
Therefore, the material and moral elements of the crime of fraud are present.
2. According to the Cybercrime Law (Article 15)
Article 15 of the Jordanian Cybercrime Law states:
“Anyone who commits any crime punishable under any applicable law using the information network or any information system shall be punished…”
Since the fraud was committed via the Internet (advertisements – promotional video), it falls under the scope of Article 15.
3. According to the Electronic Transactions Law (Article 24)
Article 24 criminalizes “the creation or dissemination of false or incorrect data or information with the intent to deceive others and achieve an unlawful benefit.”
Thus, the promotional video is considered false data subject to the provisions of this article.
4. According to Jordanian medical regulations
The Jordanian Ministry of Health regulates the use of stem cells, permitting them only for scientific research purposes and under the supervision of specialized ethics committees, and prohibiting their marketing as an effective treatment. Accordingly, the center has committed a serious administrative violation that warrants the revocation of its license.
Section III: Scientific dimension
1. Lack of scientific evidence
The medical literature indicates that the treatment of infertility with stem cells is still in the experimental research stage and has not yet been proven as a clinical treatment option:
A study published in Fertility and Sterility (2023) concluded that:
“There is currently no strong clinical evidence to support the use of stem cells as an effective therapy for infertility in humans.”
(There is currently no strong clinical evidence to support the use of stem cells as an effective treatment for infertility in humans).
The American Society for Reproductive Medicine (ASRM, 2022) issued an official statement saying:
“The use of stem cells in infertility treatment remains experimental and should not be marketed to patients as a proven therapy.”
(The use of stem cells in infertility treatment remains experimental and should not be marketed to patients as a proven therapy).
A report by the World Health Organization (WHO, 2021) clearly stated that:
“While stem cells hold future promise, their use in infertility treatment has not yet been scientifically validated, and any commercial offering of such therapies constitutes patient deception.”
(Although stem cells hold future promise, their use in infertility treatment has not yet been scientifically validated, and any commercial marketing of such therapies constitutes patient deception).
2. Scientific-legal analysis
What the center did cannot be described as “medical malpractice” in the traditional sense, because medical malpractice presupposes the existence of a recognized treatment that the doctor failed to apply.
In this case, the treatment itself does not exist scientifically, which makes the act fall under the category of fraud associated with the exploitation of medical status.
Therefore, the material element (fraudulent act, delivery of money, damage) and the moral element (criminal intent to obtain unlawful benefit) are present.
3. The impact of medical misinformation on community trust
The phenomenon of “stem cell tourism” has become the subject of international warnings, as clinics selling “hope” through unproven experimental treatments are spreading.
A study by Lindvall & Hyun (2017) published in Stem Cells Translational Medicine stated that:
“The commercialization of unproven stem cell therapies undermines public trust in legitimate medical research and exposes patients to both financial and health risks.”
(The commercialization of unproven stem cell therapies undermines public trust in legitimate medical research and exposes patients to both financial and health risks).
In the Jordanian context, such practices lead to:
Undermining Jordan’s reputation as a regional treatment destination.
Creating a trust gap between patients and medical institutions.
Exposing patients’ lives and finances to exploitation.
Conclusion
This case reveals that medical cyber fraud is a complex crime that exploits both science (stem cells) and technology (digital advertising) to deceive patients. It is therefore a crime that is not limited to material losses, but also affects the human values associated with the dream of procreation and undermines trust in the health sector.
This highlights the role of Jordanian law, which has sufficient legislative basis (Articles 417 of the Penal Code, 15 of the Cybercrime Law, and 24 of the Electronic Transactions Law), but requires extensive judicial discretion to classify these acts as “aggravated electronic medical fraud.”
Chapter Four: Legal and Practical Solutions
Section One: Liability of the Medical Center and the Doctor
Electronic medical fraud is considered a complex crime that entails multiple forms of liability:
1. Criminal Liability
Under the Jordanian Penal Code (Article 417) and the Electronic Crimes Law (Article 15):
A doctor who promotes an unscientifically proven treatment is criminally liable for fraud, with an aggravating circumstance due to the exploitation of their professional medical status.
The medical center, as a legal entity, is liable for the crime if it is proven that it was aware of misleading advertisements or failed to take measures to prevent their dissemination.
2. Civil Liability
The general principle of civil liability requires the offender to return ill-gotten gains and compensate the victim for both material and moral damages:
Material Damage: Represented by the amounts paid (e.g., $30,000).
Moral Damage: Manifested in the psychological pain resulting from the deception of hopes for parenthood.
3. Administrative Liability
Medical centers are subject to oversight by the Jordanian Ministry of Health, which has the authority to:
Revoke the center’s license upon proof of violation of medical regulations.
Temporarily or permanently close the center.
Refer doctors to the Medical Disciplinary Board.
Section Two: The Role of Lawyers in Electronic Fraud Cases
Here, the practical role of law firms in Jordan becomes evident. A lawyer’s work extends beyond filing lawsuits to managing a comprehensive legal and technical battle:
1. Methods of Proving Fraud
Digital Evidence: Documenting misleading videos and preserving electronic advertisements through official procedures (with the expertise of cybercrime specialists).
Medical Testimonies: Engaging medical experts to prove that the treatment lacks scientific validation.
Financial Contracts: Presenting payment receipts and contracts signed with the center.
2. Mechanisms for Filing Lawsuits in Jordanian Courts
Submitting a complaint to the Public Prosecutor based on Articles 417 (Penal Code), 15 (Electronic Crimes Law), and 24 (Electronic Transactions Law).
Requesting the referral of the case to the Amman Court of First Instance, which has jurisdiction over such cases.
Combining criminal and civil lawsuits to demand both punishment and compensation.
3. Protecting Victims’ Rights and Recovering Funds
Law firms follow through with judicial enforcement against the center and the doctor, including:
Seizing the center’s funds.
Filing independent civil lawsuits to claim compensation.
Pursuing involved doctors, even if they leave the country, through international judicial cooperation.
4. Advisory and Awareness Role
Law firms also play an awareness-raising role by:
Publishing articles and legal warnings about stem cell tourism.
Educating the public on the need to verify medical advertisements through the Ministry of Health.
Providing legal consultations to doctors adhering to standards to avoid falling under suspicion of fraud.
It is worth noting that our law firm in Jordan has handled similar cases, taking on the responsibility of defending the rights of victims of electronic medical fraud. We have collaborated with technical experts and medical consultants to present comprehensive cases before the judiciary. This model demonstrates that legal practice is no longer merely about legal defense but has become a societal shield against emerging crime trends.
Section Three: Proposed Legislative and Practical Solutions
1. Legislative Level
Stricter Penalties: Proposing an amendment to Article 417 to double the penalty if fraud is committed under the guise of a medical profession.
Specific Legislation: Introducing a new article in the Electronic Crimes Law to criminalize “misleading electronic medical advertisements.”
Expanded Oversight: Empowering the Public Prosecution to pursue electronic medical crimes without requiring a victim’s complaint, as they affect public interest.
2. Practical Level
Establishing a specialized unit within the Ministry of Health to monitor online medical advertisements.
Collaborating with technology companies (e.g., Facebook, Google) to promptly remove misleading medical content.
Launching national awareness campaigns about the dangers of undergoing unproven treatments.
Strengthening the role of the Jordan Medical Association in holding accountable doctors involved in unscientific promotions.
Conclusion
The case of the “Medical Center – Infertility Treatment with Stem Cells” represents a stark example of a complex electronic medical fraud crime, combining:
Legal Element: Fraud under Article 417 (Penal Code) and Article 15 (Electronic Crimes Law).
Scientific Element: Lack of any proven clinical evidence.
Ethical Element: Exploitation of a legitimate human aspiration (parenthood) for illicit profits.
Practical application demonstrates that Jordanian legislation possesses legal tools to address this crime, but it requires further development of judicial and legislative interpretation to keep pace with scientific and technological advancements.
On a practical level, law firms in Jordan now undertake a dual role: they are not only legal representatives for victims in court but also a frontline defense against modern crimes at the intersection of technology and medicine.
Conclusion
Electronic medical fraud represents a complex challenge that intersects law, science, and ethics. Its impact extends beyond mere financial losses to exploit one of the deepest human desires: the hope for parenthood. This study, through analyzing Jordanian legal texts and dissecting the case of the “Medical Center – Stem Cell Treatment,” has demonstrated that Jordanian law possesses effective deterrent tools. However, practical application reveals the need for stricter mechanisms for evidence collection and oversight.
The study has reached several key conclusions, including:
– The provisions of the Jordanian Penal Code (Article 417), the Electronic Crimes Law (Article 15), and the Electronic Transactions Law (Article 24) form a sufficient framework to criminalize electronic medical fraud.
– Electronic medical fraud is more dangerous than traditional fraud due to its connection to medicine as a science and society’s trust in healthcare institutions.
– The international medical community unanimously confirms that stem cell treatment for infertility remains in the experimental research phase, and marketing it as an effective treatment is misleading:
– Fertility and Sterility (2023): “There is currently no strong clinical evidence supporting the use of stem cells to treat infertility in humans.”
– ASRM Clinical Guidance (2022): “The use of stem cells for infertility treatment remains experimental, and any marketing of it as a proven treatment violates scientific and ethical standards.”
– WHO Report (2021): “Stem cells hold future potential, but they are not yet a proven treatment for infertility.”
*Practical and Legislative Recommendations*
– Amending Article 417 to impose harsher penalties when fraud is committed under the guise of a medical profession.
– Introducing an explicit provision in the Electronic Crimes Law to criminalize misleading electronic medical advertisements.
– Establishing a specialized unit within the Ministry of Health to monitor digital medical advertisements, in collaboration with social media platforms.
– Launching national awareness campaigns against “stem cell tourism” to protect the public from falling prey to false promises.
*The Professional Role of Our Law Firm*
In this context, our law firm in Jordan emerges as a key player in protecting victims’ rights and combating these practices through:
– *Specialized Litigation*: Filing criminal and civil lawsuits against non-compliant medical centers and seeking compensation.
– *Proving Electronic Crimes*: Documenting digital evidence in collaboration with experts in electronic forensic evidence.
– *Scientific Support*: Utilizing peer-reviewed medical reports from scientific journals and international associations to refute misleading claims in court.
– *Settlements and Fund Recovery*: Negotiating on behalf of victims to ensure the recovery of paid amounts or obtaining compensation judgments.
– *Legal and Media Awareness*: Publishing studies and holding awareness seminars to enhance public understanding of the dangers of these practices.
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Final Remarks
It is clear that combating electronic medical fraud requires an integrated partnership between law, medicine, and media. While the Jordanian legislator has established general provisions to address fraud, practical application highlights the need for a more dynamic role from specialized law firms. Here, our firm in Jordan stands as a legal and professional bulwark, combining deep legal knowledge, the ability to leverage digital evidence, and reliance on credible scientific opinions.
Thus, our work transcends mere legal representation in courts to become a societal mission aimed at safeguarding trust in medicine and law, and protecting individuals’ rights from having their legitimate hopes for parenthood exploited as a gateway to deception and fraud.
- Mohammad zuhair alabbadi
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