Avoiding Consumer Fraud

August 28th, 2003

by Roger H. Schmedlen, CPP, CFE, CII, MIPI
(Published in Campus Safety & Student Develpment, January/February 2002 Edition)
Consumer fraud is rampant in America. The FBI estimates there are 14,000 separate illegal telephone sales operations defrauding consumers in the United States every day. The Better Business Bureau reports that consumers lose an estimated $40 billion a year through telemarketing fraud alone and a Louis Harris Survey conducted for the National Consumers League found that 92% of adults in the United States reported receiving fraudulent telephone offers.

In an article like this, it is not possible to touch on all the scams making the rounds, but the following are some of the more successful frauds being used to bilk consumers today.

The Nigerian Letter: The Granddaddy of Scams

Probably the most prolific consumer fraud today is the venerable Nigerian Letter Scam. However, since the Postal Inspectors have finally caught on to the fact the fraudsters use counterfeit stamps on their mass mailings, these spurious offers are now more likely to arrive via broadcast fax or e-mail. This crude fraud is so successful that the 419 Coalition believes it to be the third largest industry in Nigeria. Because of its record of success, this scam has been adopted with slight variations by fraudsters operating from other West African nations, such as Ghana, Sierre Leone, the Gambia and the Ivory Coast. In fact, some have been tracked back to the U. S.

Framework for fraudulent pitch. These fraudsters have not picked up on our politically correct tendancies, so most of these offers start off "Dear Sir," although some omit any salutation whatsoever and after noting "Urgent Request" get right to the meat of their spurious offer.

Typically the author of the letter claims the title of chief, doctor, director, accountant or attorney and often alleges to be an official of a Nigerian ministry, a Nigerian gas, oil or steel company, or a banker. In other versions, the writer relates a sob story, usually involving the murder of a parent or an entire family, and goes on to chronicle a perilous flight from the country.

There are many variations of the letter, but the gist of the offer is that the writer has from $20 - $60 million U. S. dollars--usually implied to have been embezzled from the government by over invoicing--and needs the intended victim's help in transferring this money out of Nigeria or another West African nation. In the sob story scenarios, the funds are usually alleged to have been embezzled by the deceased and left in a safe deposit box for the writer. The letter requests that the target allow the writer to transfer the funds to the target's bank account--and for providing this service, the target will be allowed to keep $8 - $15 million of the funds. The "Luigi version" is particularly amusing as the fraudster claims to have previously sent another $20 - $30 million to Luigi, an Italian who proved to be a villain and absconded with all the transferred funds. The writer explains he was understandably disappointed in Luigi and goes on to say this is why he is now contacting the intended victim, a person who has been "highly recommended" by an undisclosed but trusted party.

Appeal dampens recipient's caution. Ignoring the fact that if such an offer was authentic (which it never is) it would constitute international money laundering, a surprising number of otherwise rational people respond to these fraudsters. One Wharton MBA, for example, lost $50,000 in this scheme. Those who respond then either have their bank account cleaned out or become victims of various, creative advanced fee scams involving their fronting up to $500,000 in an effort to complete the bogus transfer of nonexistent funds.

Newer variation more aggressive. In some cases, however, the targets have even been enticed to travel to Nigeria, where some have been kidnapped or killed. A recent version is more aggressive and the first contact letter asks that the victim immediately make arrangements to travel to Ghana to open a transfer account. Some of the more sophisticated "419 fraudsters" target specific groups. Recently, for instance, personalized targeted offers have been sent to Mormons, veterinarians and small village council officials.

In 1992, Washington Post Foreign Correspondent, Keith Richburg stated, "Welcome to Nigeria, world capitol of the business scam. Shake hands, but be sure to count your fingers." This is good advice when dealing with any unsolicited offers that sound too good to be true--whether they originate in Nigeria or elsewhere.

Chain Letters--Another Popular Scam

A chain letter is a "get rich quick" scheme that promises that your mail box will soon be stuffed full of cash if you participate. The victim is advised he or she can make thousands of dollars every month by following the detailed instructions in the letter.

Structure of offer. These offers usually include names and addresses of several people, some of whom the victim may even know. The victim is instructed to send a certain amount of money, usually $5 - $10, to the person at the top of the list, then eliminate that name and add his or her name (the victim's) to the bottom of the list. The victim is then to mail copies of the letter to other individuals who will hopefully repeat the entire process. The letter claims that if the victim follows this procedure, their name will gradually move to the top of the list and they will begin receiving money.

Solicitation of money or valuables with promise of gain is illegal. Chain letters are illegal if they request money or other items of value and promise a substantial return to the participants. Chain letters are considered a form of gambling, and sending them through the mail (or delivering them in person or by computer, but mailing money to participate) violates Title 18, United States Code, Section 1302, the Postal Lottery Statute. Recently, high-tech chain letters disseminated over the Internet have begun surfacing.

Chain letters don't work because the premise that all participants in a chain letter will be winners is mathematically impossible. Also, many people participate, but do not send money to the person at the top of the list. Often, too, fraudsters create a chain letter that lists their name numerous times--in various forms with different addressee. Thus, in reality, all the money in a chain is going to them.

The United States Postal Inspection Service (USPIS) warns:

"Be doubly suspicious if there's a claim that the U. S. Postal Service or U.S. Postal Inspection Service has declared the letter legal. Neither the Postal Service nor Postal Inspectors give prior approval to any chain letter."

Other Common Scams

College Campus Card Scam: In these cases, high school seniors receive an official-looking mailing stating that a "Campus Card" is required for many services, purchases and privileges at the institute of higher learning which the high school senior plans to attend. However, no such card is actually required or recognized by such institutes. The company sending the mailing requests a fee for this card and states or implies a connection with the college or university, which in fact, does not exist.

Counterfeit Goods at House Parties: Bargains on Coach, Dooney & Bourke, Coogi Australia, Chanel and similar high end designer goods are often found at house parties. The fraudster often claims the low prices apply because the goods are discontinued designs or there are minor imperfections. These goods, however, are always poor quality counterfeit products. No legitimate designer goods are ever marketed through house party schemes.

Advanced Fee Scams: These come in a variety of forms. Some can be quite creative, while others are rather lame and obvious. In most cases, the intended victim is contacted and advised by the fraudster that he or she has a large amount of money coming, but that there is a small fee required first. Typical examples are claims that the victim won a sweepstakes or lottery, but that up front "taxes" must be paid by credit card over the phone before the winnings can be forwarded. In other cases, the victim is told that he or she will receive a large settlement from an estate or class action lawsuit, but some fees or costs must be paid first. Often the perpetrators of these scams allege that they are calling from a foreign country and request that funds be overnighted to them out of the U. S. Some, in fact, do call from overseas. The bottom line here is that people generally do not get something for nothing and any advance fee request is a red flag.

Credit Cards for Persons with Bad Credit: This is a variation of the advanced fee scam which targets persons with poor credit histories or other financial problems. Although some of these offers sound legitimate, these schemes can cost the victims a lot of money and the credit card allegedly being offered will never be obtained. In these scams, the intended victim is contacted by a solicitor claiming that for a fee (usually $25 - $75) he or she can get you a "pre-approved" major credit card--usually VISA or MasterCard--or, for a fee, can establish that you are credit-worthy enough to be issued such a card. Usually, these fraudsters will state that the card can be obtained without a credit check. After the victim pays the fee, a card may actually be received, but rather than a regular major credit card, it is a single-use credit card--that is a card that can only be used to purchase goods from one source, a business owned by the issuer of the card. In other words, the card received is not the standard credit card which can be used at any business, but a card which can only be used to buy products from the issuer of the card--usually a catalog sales operation offering substandard or overpriced goods. In other cases, victims who pay this fee just receive a list of banks that issue credit cards, perhaps along with instructions on how to apply.

Fake U. S. Customs Scam: In these cases, the fraudster calls claiming to be a U. S. Customs agent. The pitch continues that the intended victim received a package from overseas and that when the package was checked by Customs, exceptionally valuable contents were discovered--such as expensive jewels, negotiable checks, bearer bonds, or even cash. The fraudster then states that there is a duty which must be paid before this valuable package can be delivered and the intended victim is asked to provide a credit card number so the duty can be charged and the package forwarded.

Fake Telephone Repair Service Scam: In these scams, a spurious telephone repair technician calls the victim's home and claims there have been problems on the line and assistance is needed in tracking down the cause of the problem. He or she then asks that the resident dial 90#--that is, nine, zero, pound--and then hang up. If this is done, the caller is able to utilize the phone line of this person to make long distance calls from a remote location. These calls will, of course, be charged to the victim.

Area Code 809 Scams: In these cases persons receive a notice promising a desirable service, a travel deal, a bad credit repair--or items such as free prizes. In other cases, the recipient is told that he or she is a sweepstakes or lottery winner or is "qualified" for something or other. In one variation, a fake invoice is sent to the target and the invoice lists a number to call if there are questions. The number is prefixed by the area code 809. Although this area code sounds like a U. S. code, it is actually a Caribbean prefix, which can be used to charge callers by the minute in the same manner as 900 number services--but without the caller being made aware of the charges until the next phone bill is received.

Free Prize Scams: In these scams, intended victims are notified by mail that they have won a free prize which is one of five or so items listed. Sometimes these may include new cars, houses, expensive vacations, etc. as well as one item of little value. To get the prize, the victim must call the sending company. There usually is a free prize, but shipping and handling charges apply. For instance one "winner" paid $69 shipping and handling for his free $1,000 savings bond with a 30 year maturity. (These are available through the U. S. government for $50.) In other cases an "all terrain vehicle" turned out to be a lawn chair with wheels and a "sport fishing boat" was an inflatable raft. The scam artists make their profits by requiring the victim to pay exorbitant shipping, handling and/or processing fees--or require that the victim purchase inferior or overpriced goods sold by high pressure salespeople working from the boiler rooms where the victim's calls are directed.

Internet Spam Scams: Spam got it's name from the old Monte Python skit where a group of Vikings invaded a restaurant chanting "spam, spam, spam" drowning out all the conversations of the other customers. Most, spam messages are frauds, rip-offs or phony get-rich-quick schemes, often punctuated by dollar signs and screaming capitalized words. Most spam messages contain an easy method to be "removed" or "unsubscribed" from the list via e-mail so as to avoid receiving future e-mail spam. However, rather than being taken off a list, such a response simply confirms the spammer has hit an active address making the address more salable to other spammers. In other cases, the spam victim is instructed to unsubscribe by phone or fax to a 900 or 809 area code number.

Prison "Pen Pals" Scam: Prisoners run ads in supermarket tabloids targeting lonely women and after proclaiming their innocence or admitting to making a minor mistake gain the confidence of their target over time. Proposals of marriage are not uncommon. Usually these fraudsters won't ask their victims for money, but rather eventually ask that they cash a money order for them and forward the proceeds to a friend who is working on getting the prisoner released. Before sending money orders to the target, however, the jailbird alters the face value from a couple of dollars to $250 - $500. Victims are usually instructed to hold the altered money order as collateral--or deposit it in their bank account, buy a cashiers check with cash and send it on to the prisoner's confederate. When the victim, who is the one taking the hit, eventually finds her account debited by her bank to cover the altered money order and informs her prison paramour, she may receive a response with an outside post mark, indicating that he has been inexplicably released and can soon cover the loss--or he may claim to have been unwittingly victimized by another prisoner. In any event, the victim will soon receive a Dear Jane letter while her pen pal stays busy conning up to 100 other victims. (Male victims may also be conned in this manner by male prisoners posing as females.)

Unsolicited Merchandise: This scam has been around since Pluto was a pup, but still provides a profitable business to scam artists. However, with the exception of clearly marked free samples and merchandise mailed by legitimate charitable organizations soliciting contributions, it is illegal to send merchandise to someone, unless that person has previously ordered or requested it. These rules are codified in Title 39, United States Code, Section 3009. That section of the Postal Reorganization Act of 1970 incorporates these protections for American consumers and makes the mailing of unordered merchandise unfair methods of competition and unfair trade practices under the law. Consumers are under absolutely no obligation to pay for (or return) any unsolicited merchandise and in the U. S. it is illegal for a company that sends unordered merchandise to follow the mailing with a bill or dunning or any type of collection communication.

Other common frauds to be aware of include the following:

  • Scams geared for obtaining credit card numbers and personal information;
  • Unsolicited investment opportunities;
  • Oil and gas well investment opportunities;
  • Fake police and fire fighter solicitations;
  • Telephone "slamming" (switching services without customer's knowledge);
  • Fraudulent charity scams;
  • Checks which when endorsed sign the consumer up for an overpriced service;
  • Franchise or distributor get rich quick schemes;
  • Low cost health insurance frauds (one 93 year old woman's supplemental health care plan covered only maternity benefits);
  • Fake inheritance scams;
  • Advance fee loan application scams;
  • Foreign lottery frauds;
  • Multilevel marketing schemes and pyramid-style Ponzi scams;
    Missing persons scams;
  • Deceptive government-looking mail scams;
  • Free prize scams;
  • Free internet "viewers" (once installed they may automatically connect your computer to a 900 number);
  • Abandoned property and unclaimed asset frauds;
  • Remote land sales frauds;
  • Scams providing services for a fee which are offered free from the government;
  • Free vacation scams (pay for an upgrade or end up at the Bates Motel);
  • Work from home info scams;
  • Fake medical cures and deceptive vitamin & food supplement scams;
  • Phony "credit repair" services;
  • Work at home assembling products scams (buy their components);
  • Work at home stuffing envelopes scams (buy their kit);
  • Phony job opportunities;
  • U. S. Postal Service jobs information cons;
  • Invention submission & marketing schemes;
  • New drivers licenses and social security number scams;
  • Foreign passport frauds;
  • Overseas employment scams; and
  • "Get Paid to Go to Night Clubs-type" fax back 900 scams.


Avoiding Fraud

Always remember that fraudsters can be friendly, credible and convincing. If they weren't, they might have to seek honest work. If any offer sounds too good to be true, assume it is a fraud. The following is a list of tips for becoming a victim of fraud:

  • If a decision must be made immediately, just say no.
  • Avoid all offers where there is any advance fee required.
  • If you are told you won a contest you never entered you are being targeted as a victim.
  • If an investment promises a unrealistic return on investment, treat it with suspicion.
  • Evade unsolicited telephone offers by using services such as Privacy Manager or simply avoid accepting blocked and out of area calls. (Answering blocked calls makes about as much sense as opening your door to folks wearing masks.)
  • In areas where caller i.d. is unavailable, call screening with an answering machine is prudent.
  • Never provide credit card or personal information to unknown parties.
  • Do not feel guilty by keeping and using unsolicited merchandise and not remitting payment.
  • Avoid unorthodox sales venues when seeking brand name products.
  • Do not use the unsubscribe feature of spam. Instead use a spam filter available free from most ISPs.

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Byline: Roger Schmedlen has over 30 years experience in the security consulting and international investigations field and is based at Loss Prevention Concepts, Ltd. in Hartland, Michigan.

Author's Note: More information on the Nigerian Letter Scam, along with sample letters, faxes, and e-mails can be found on the Loss Prevention Concepts, Ltd. Web site: www.lpconline.com as well as details on a variety of personal and business frauds and information on identifying counterfeit products.

Copyright © 2002 Roger H. Schmedlen

 

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