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Q: Penalty/Crime for accepting unknown funds ( Answered,   2 Comments )
Question  
Subject: Penalty/Crime for accepting unknown funds
Category: Relationships and Society > Law
Asked by: smyork007-ga
List Price: $50.00
Posted: 22 Jun 2004 19:08 PDT
Expires: 22 Jul 2004 19:08 PDT
Question ID: 364834
What is the penalty/crime for accepting funds from a Nigerian attorney
that are purported to be inheritance proceeds which are given to one
because they cannot find any relatives?  Is there documentation that
can be obtained from the Nigerian attorney that will suffice for the
U.S. citizen's acceptance?  Need answer as soon as possible!
Answer  
Subject: Re: Penalty/Crime for accepting unknown funds
Answered By: larre-ga on 22 Jun 2004 19:52 PDT
 
Thanks for asking!

And you were wise to do so. It sounds like you have received what is
known as a "Nigerian Scam" letter. These letters purport to be from
Nigerians with a variety of difficulties getting rid of money.
Somewhere in the process, usually sooner rather than later, they want
you to send them an advance fee. Do NOT do so. This is not a
legitimate business opportunity. It is a scam.

The "penalty" for accepting such an offer from a Nigerian attorney is
to become a victim of a crime. The person who has sent you this
communication wants to steal YOUR money, rather than give you any of
their own.
  

Advance Fee Fraud (419) Schemes - Nigerian Scam
----------------------------------------------------------------------

"4-1-9 Schemes frequently use the following tactics:

-- An individual or company receives a letter or fax from an alleged
   "official" [or attorney] representing a foreign government or 
   agency; 

-- An offer is made to transfer millions of dollars in "over invoiced
   contract" funds into your personal bank account; 

-- You are encouraged to travel overseas to complete the transaction;

-- You are requested to provide blank company letterhead forms, 
   banking account information, telephone/fax numbers; 

-- You receive numerous documents with official looking stamps, seals
   and logo testifying to the authenticity of the proposal; 

-- Eventually you must provide up-front or advance fees for various
   taxes, attorney fees, transaction fees or bribes; 


Other forms of 4-1-9 schemes include: c.o.d. of goods or services,
real estate ventures, purchases of crude oil at reduced prices,
beneficiary of a will, recipient of an award and paper currency
conversion.

Nigerian Advance Fee Fraud Overview
----------------------------------------------------------------------

The perpetrators of Advance Fee Fraud (AFF), known internationally as
"4-1-9" fraud after the section of the Nigerian penal code which
addresses fraud schemes, are often very creative and innovative.

Unfortunately, there is a perception that no one is prone to enter
into such an obviously suspicious relationship. However, a large
number of victims are enticed into believing they have been singled
out from the masses to share in multi-million dollar windfall profits
for doing absolutely nothing. It is also a misconception that the
victim's bank account is requested so the culprit can plunder it --
this is not the primary reason for the account request -- merely a
signal they have hooked another victim.

-- In almost every case there is a sense of urgency; 
-- The victim is enticed to travel to Nigeria or a border country; 
-- There are many forged official looking documents; 
-- Most of the correspondence is handled by fax or through the mail; 
-- Blank letterheads and invoices are requested from the victim along 
   with the banking particulars; 
-- Any number of Nigerian fees are requested for processing the 
   transaction with each fee purported to be the last required; 
-- The confidential nature of the transaction is emphasized; 
-- There are usually claims of strong ties to Nigerian officials; 
-- A Nigerian residing in the U.S., London or other foreign venue may
   claim to be a clearing house bank for the Central Bank of Nigeria;
-- Offices in legitimate government buildings appear to have been used
   by impostors posing as the real occupants or officials. 

The most common forms of these fraudulent business proposals fall into
seven main categories:

Disbursement of money from wills 

Contract fraud (C.O.D. of goods or services) 

Purchase of real estate 

Conversion of hard currency 

Transfer of funds from over invoiced contracts 

Sale of crude oil at below market prices 

The most prevalent and successful cases of Advance Fee Fraud is the
fund transfer scam. In this scheme, a company or individual will
typically receive an unsolicited letter by mail from a Nigerian
claiming to be a senior civil servant. In the letter, the Nigerian
will inform the recipient that he is seeking a reputable foreign
company or individual into whose account he can deposit funds ranging
from $10-$60 million that the Nigerian government overpaid on some
procurement contract.


The criminals obtain the names of potential victims from a variety of
sources including trade journals, professional directories,
newspapers, and commercial libraries. They do not target a single
company, but rather send out mailings en masse. The sender declares
that he is a senior civil servant in one of the Nigerian Ministries,
usually the Nigerian National Petroleum Corporation (NNPC). The
letters refer to investigations of previous contracts awarded by prior
regimes alleging that many contracts were over invoiced. Rather than
return the money to the government, they desire to transfer the money
to a foreign account. The sums to be transferred average between
$10,000,000 to $60,000,000 and the recipient is usually offered a
commission up to 30 percent for assisting in the transfer.


Initially, the intended victim is instructed to provide company
letterheads and pro forma invoicing that will be used to show
completion of the contract. One of the reasons is to use the victim's
letterhead to forge letters of recommendation to other victim
companies and to seek out a travel visa from the American Embassy in
Lagos. The victim is told that the completed contracts will be
submitted for approval to the Central Bank of Nigeria. Upon approval,
the funds will be remitted to an account supplied by the intended
victim.


The goal of the criminal is to delude the target into thinking that he
is being drawn into a very lucrative, albeit questionable,
arrangement. The intended victim must be reassured and confident of
the potential success of the deal. He will become the primary
supporter of the scheme and willingly contribute a large amount of
money when the deal is threatened. The term "when" is used because the
con-within-the-con is the scheme will be threatened in order to
persuade the victim to provide a large sum of money to save the
venture.


The letter, while appearing transparent and even ridiculous to most,
unfortunately is growing in its effectiveness. It sets the stage and
is the opening round of a two-layered scheme or scheme within a
scheme. The fraudster will eventually reach someone who, while
skeptical, desperately wants the deal to be genuine.


Victims are almost always requested to travel to Nigeria or a border
country to complete a transaction. Individuals are often told that a
visa will not be necessary to enter the country. The Nigerian con
artists may then bribe airport officials to pass the victims through
Immigration and Customs. Because it is a serious offense in Nigeria to
enter without a valid visa, the victim's illegal entry may be used by
the fraudsters as leverage to coerce the victims into releasing funds.
Violence and threats of physical harm may be employed to further
pressure victims. In June of 1995, an American was murdered in Lagos,
Nigeria, while pursuing a 4-1-9 scam, and numerous other foreign
nationals have been reported as missing.

Victims are often convinced of the authenticity of Advance Fee Fraud
schemes by the forged or false documents bearing apparently official
Nigerian government letterhead, seals, as well as false letters of
credit, payment schedules and bank drafts. The fraudster may establish
the credibility of his contacts, and thereby his influence, by
arranging a meeting between the victim and "government officials" in
real or fake government offices.


In the next stage some alleged problem concerning the "inside man"
will suddenly arise. An official will demand an up-front bribe or an
unforeseen tax or fee to the Nigerian government will have to be paid
before the money can be transferred. These can include licensing fees,
registration fees, and various forms of taxes and attorney fees.
Normally each fee paid is described as the very last fee required.
Invariably, oversights and errors in the deal are discovered by the
Nigerians, necessitating additional payments and allowing the scheme
to be stretched out over many months.


Several reasons have been submitted why Nigerian Advance Fee Fraud has
undergone a dramatic increase in recent years. The explanations are as
diverse as the types of schemes. The Nigerian Government blames the
growing problem on mass unemployment, extended family systems, a get
rich quick syndrome, and, especially, the greed of foreigners.


Indications are that Advance Fee Fraud grosses hundreds of millions of
dollars annually and the losses are continuing to escalate. In all
likelihood, there are victims who do not report their losses to
authorities due to either fear or embarrassment."

Advance Fee Fraud Advisory
http://www.secretservice.gov/alert419.shtml


4.1.9 Coalition | The Nigerian Scam Defined
----------------------------------------------------------------------

"A Five Billion US$ (as of 1996, much more now) worldwide Scam which
has run since the early 1980's under Successive Governments of
Nigeria. It is also referred to as "Advance Fee Fraud", "419 Fraud"
(Four-One-Nine) after the relevant section of the Criminal Code of
Nigeria, and "The Nigerian Connection" (mostly in Europe). However, it
is usually called plain old "419" even by the Nigerians themselves.


The Scam operates as follows: the target receives an unsolicited fax,
email, or letter often concerning Nigeria or another African nation
containing either a money laundering or other illegal proposal OR you
may receive a Legal and Legitimate business proposal by normal means.
Common variations on the Scam include "overinvoiced" or "double
invoiced" oil or other supply and service contracts where your Bad
Guys want to get the overage out of Nigeria; crude oil and other
commodity deals; a "bequest" left you in a will; "money cleaning"
where your Bad Guy has a lot of currency that needs to be "chemically
cleaned" before it can be used and he needs the cost of the chemicals;
"spoof banks" where there is supposedly money in your name already on
deposit; "paying" for a purchase with a check larger than the amount
required and asking for change to be advanced; fake lottery 419; and
ordering items and commodities off "trading" sites on the web and then
cheating the seller. The variations of Advance Fee Fraud (419) are
very creative and virtually endless."

Nigeria - The 419 Coalition Website
We Fight the Nigerian Scam with Education
http://home.rica.net/alphae/419coal/


The 419 Coalition Website also offers the following advice for -any-
dealings with Nigeria:

THE FIVE RULES FOR DOING BUSINESS WITH NIGERIA
Courtesy of The 419 Coalition
1. NEVER pay anything up front for ANY reason.
2. NEVER extend credit for ANY reason.
3. NEVER do ANYTHING until their check clears.
4. NEVER expect ANY help from the Nigerian Government.
5. NEVER rely on YOUR Government to bail you out.


What to do if you receive a 419 Nigerian Scam Letter/Fax/Email:


1. DO NOT RESPOND TO THE 419 SOLICITATION. 

2. Notify your Own Nation's National Law Enforcement Agency and your
Own Nation's Foreign Office.

3. File a Complaint with the Nigerian Embassy or High Commission in your nation. 

4. File a complaint via email with the Central Bank of Nigeria. 

5. For Loss cases only, you may file a complaint with the Nigerian
Economic and Financial Crimes Commission (EFCC).

6. If the contact from the 419ers was via email: write their email
provider at their "abuse" address (abuse@yahoo.com, abuse@onebox.com
etc.) and include the 419er message with its headers. (See the website
for complete instruction, and any country-specific reporting
procedures in addition to the "universal" international ones.

What To Do
http://home.rica.net/alphae/419coal/


Nigerian Scammer Names
----------------------------------------------------------------------

These website collect names of those who send Nigerian Scam letters.
Perhaps you can locate the name of the person who sent you the
communication in question among those listed. If not, report the name
of the person who has contacted you.

Nigerian Scammer Names A-Z (Buttons across the top of Page)
http://www.crimes-of-persuasion.com/Nigerian/scammer_names.htm

Nigerian Scammer Names
http://www.nigeria-connection.de/inhalt_a_z.html




Further Resources
----------------------------------------------------------------------

Nigerian Advance Fee Fraud | Internet and Email Letter Scams
http://www.crimes-of-persuasion.com/Crimes/Business/nigerian.htm

Snopes.Com (Urban Legends) | Nigerian Scam 
http://www.snopes2.com/inboxer/scams/nigeria.htm

ScamBusters | Nigerian Scam 
http://www.scambusters.org/NigerianFee.html

The Nigerian Scam | Costly Compassion
http://www.ftc.gov/bcp/conline/pubs/alerts/nigeralrt.htm



Google Search Terms:
----------------------------------------------------------------------

Nigerian scam


I hope you find this information helpful. I'd love to have better
news, be able to tell you that that'd it would be possible to receive
a large sum of money for a small investment, but unfortunately, that
is not the case. It appears as if unscrupulous individuals are
attempting to take advantage of you. Hopefully, you'll be able to
report them to the appropriate authorities.

If anything I've said is unclear, or if you have further questions
about the information or links provided, please, feel free to ask for
clarification.

Best regards,

---larre

Request for Answer Clarification by smyork007-ga on 23 Jun 2004 05:30 PDT
When I asked for the "penalty," I was asking - what will happen if the
unbelieveable would happen - that I receive these funds without
"paying a dime?"  That is, is there any legal problem in receiving
inheritance funds in the form of cash.  I have told the individual
that I will pay nothing.  Now, this individual does want me to buy two
phones-SIMs ready-camera ready.  Of course, I will not but I have been
playing along with this.

Clarification of Answer by larre-ga on 23 Jun 2004 08:28 PDT
Hi smyork007,

If the cash amount is greater than $10,000 within one year, and is
received -within- the United States, the District of Columbia, U.S.
Territories and possessions, or Puerto Rico, you are required to
report it on IRS Form 8300.

Required statement to buyer.   You must give a written or electronic
statement to each person named on any Form 8300 you must file. You can
give the statement electronically only if the recipient agrees to
receive it in that format. The statement must show the name and
address of your business, the name and phone number of a contact
person, and the total amount of reportable cash you received from the
person during the year. It must state that you are also reporting this
information to the IRS.

You would also be liable for taxes on the amounts received. 


---larre

Clarification of Answer by larre-ga on 23 Jun 2004 08:30 PDT
The source for the tax information:

IRS Publication 1444 | Form 8300
http://www.irs.gov/publications/p1544/ar02.html

---
Comments  
Subject: Re: Penalty/Crime for accepting unknown funds
From: expertlaw-ga on 23 Jun 2004 08:14 PDT
 
Simply put, international money transfers are easy to effect. As larre
suggests, the only reason that somebody would be willing to find a
random, private individual, supposedly to be the recipient of a huge
commission for facilitating such a transfer, is because they are
intending to defraud that individual. As Lawrence Kestenbaum, who
maintains an informational site about 419 "advance money" scams, once
put it, "Sometimes, even if no money changes hands, the targeted
individual provides information about himself or herself which the
scammers proceed to use for identity theft." You can view his
collection of scam letters and related links at:
* http://potifos.com/fraud/

That said, if by some miracle of miracles one of these scammers
actually did deliver to somebody the promised millions, would there be
a legal problem? Probably not, assuming you duly reported the transfer
to the IRS and paid taxes on your commission.
Subject: Re: Penalty/Crime for accepting unknown funds
From: jayatlga-ga on 20 Aug 2004 10:12 PDT
 
I'll disagree.

Given that virtually every one of these soliciations suggests that the
money involved belongs to someone else - then knowingly participating
in a scheme to transfer it to someone it doesn't belong to would be a
crime in every jurisidiction in the world.

Even the the money would be "forefeited" to the bank or government, or
just taken by corrupt officials, and even if it belongs to someone who
died without heirs so you could pretend to be that person or an heir.

The best thing about these solicitations is that they tell you how
honest and god fearing you are - and they are - and then ask you to
help commit fraud.

Do yourself a favor and buy a lottery ticket.  The most you'll lose is
a buck, and you have a better chance at collecting millions.

J

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