I am a member of the Artists Against 419, a grassroots group that
targets criminal websites created as part of elaborate "Nigerian
Fraud" con-games in order to increase the apparent legitimacy of the
conmen engaging in this crime.  To date, we have catalogued over 3000
of these websites and our research shows that there is anywhere from
3000-30000 floating around in cyberspace over the course of a year.

The majority of these websites mimic legitimate banks or are
fabricated completely out of thin air (In reality they have no
state/national bank charter anywhere and thus--if they were "real"
banks would be criminal.)  These fake banks appear on no country's
national bank registration list and it is easy to point out to a
webhoster that the site is fraudulent and illegal, and therefore most
probably in violation of the web-host's AUP.  In 90% of cases, the
website is taken down within a week, costing the criminals behind the
site anywhere from 100-5000 US dollars to recreate the bank (in
addition to any number of potential victims who would lose on average
3000 US dollars each) somewhere else.  Yes, proving the legality or
illegality of web-based bank is relatively straight forward.

As our "dot-con hunts" ever widing in scope, we come across rarer
species of 419-dot-con; so called "Diplomatic Security Companies" or
"Diplomatic Courier Companies" which are most emphatically not phony
banks, and could not be considered under any stretch of the
imagination of a lawyer to be one; yet are entirely a part of the 419
con-game: mainly as fictional security for a fictional trunkbox filled
with 20 millions of US Dollars...

These Security Companies are nearly impossible to kill by applying our
typical "Bank-Killing" modalities -- There is no "central" database to
check and see if a country endorses the business of this particular
company as is the case with banks.  In fact, I am not even certain
such "Diplomatic Courier/Security Services" have any real-life
counterparts!  Perhaps "Diplomatic Courier Services" is an entirely
fictional viral-meme generated by the founding fathers of 419!

I apologize for the wordy introduction, but I felt it was necessary to
cast my question properly:

Do these Diplomatic Courier Services and or Diplomatic Security
Companies bear any truth in reality, ie: Legitimate versions exist,
somewhere.  If so, then where?  Are they regulated?  If not, is there
some sort of authoritative source (ie: Government issued
statements/publications) pointing out that these, like every other 419
scam bear no truth whatsoever?  Are there any laws against operating
one?  What are those laws?  (I have spent 2 months on this issue!  The
closest match I can find with my non-lawyer abilities is a US law
against cash-smuggling. )

---

Clarification of Question by afellowfraudfighter-ga on 07 Apr 2005 17:27 PDT

I forgot to add which bodies of US law I attempted to search for an
authoritative answer, but these can only loosely be applied;  I would
much prefer some sort of government notice (Perhaps not even from the
USA) I can point to and say, "This governemnt says these things are a
sham."

TITLE 22 CHAPTER 58: Responsibility of Secretary of State 
TITLE 31 SUBTITLE IV CHAPTER 53: Bulk Cash Smuggling

Dear afellowfraudfighter-ga,

I don?t think you will find such a helpful answer, this is why I am
placing this as comment. Of course if  consider it is worth an answer
I will post it as such.

First my background: I am a retired police officer who served at the
Fraud Squad , New Scotland Yard for 15 years investigating this very
type of crime. Search on Google Answers and you will see that I have
advised many people that these offers are a fraud.

As you indicate, and as you know,  part of the fraud is to persuade
the victim that a huge sum of money can be transported across
international boundaries, normally from Africa to where they reside
(often via another country such as Holland), without it being
discovered by customs or law enforcement. To achieve this they spin a
story that they use, as you describe, ?Diplomatic Courier Services?
and ?Diplomatic Security Companies?.  This is an adoption of the
system used by Embassies and Consulates to move documents and property
by way of a diplomatic bag or pouch. The rules and regulations for
this diplomatic bag is set out in the Vienna Convention on Diplomatic
Relations, the Vienna Convention on Consular Relations and United
Nations International Law Commission decisions (details below).

Each country has in turn, its own legislation, rules and
administrative procedures as to how diplomatic bags are to be dealt
with. I have supplied below two examples: United States and Thailand.

On the Office of Foreign Missions Customs Program web site, there is
no indication of any special requirement that a particular type of
company should be used. Although the US Government does use their own
Diplomatic Courier Service for confidential documents. Otherwise, the
documentation only refers to carrier / supplier (airline, vessel,
train , truck, etc.).

It would appear most airlines and shipping companies will offer a
special service to Embassies and Consulates. Below are examples from
British Airways Cargo and Ukraine Air.

So, given that it appears unlikely you will be able to find a
definitive document, is there anything else that you could do to close
these sites down? I will say at this stage, you?ve done a good job on
the flash mobs which I have been aware of since you started.
Generally, I can only think of one suggestion and pardon me if you?ve
already thought of it. If I can use this site as an example. I won?t
give the pleasure of a link. atlasdsecuritiescorp     dot     com
Invariable they steal text and phrases from legitimate sites. You
could suggest to UPS that they commence legal action and have it
closed down for breaking their copyright:

The Atlas Privacy Policy is almost and exact copy of the those on the UPS web site
http://www.ups.com/content/us/en/privacy.html
Terms and conditions are taken from various pages of the UPS site i.e.
http://www.ups.com/content/pr/en/resources/service/terms/ground.html
http://www.ups.com/content/in/en/resources/find/cost/additional.html
International Law Commission Statute taken from
http://www.un.org/law/ilc/guide/9_5.htm&e=8092


These are the various sources for the above.

Vienna Convention on Diplomatic Relations
Article 27
3.    The diplomatic bag shall not be opened or detained.
4.    The packages constituting the diplomatic bag must bear visible
external marks of their character and may contain only diplomatic
documents or articles intended for official use.
5. The diplomatic courier, who shall be provided with an official
document indicating his status and the number of packages constituting
the diplomatic bag, shall be protected by the receiving State in the
performance of his functions. He shall enjoy personal inviolability
and shall not be liable to any form of arrest or detention.
7.    A diplomatic bag may be entrusted to the captain of a commercial
aircraft scheduled to land at an authorized port of entry. He shall be
provided with an official document indicating the number of packages
constituting the bag but he shall not be considered to be a diplomatic
courier. The mission may send one of its members to take possession of
the diplomatic bag directly and freely from the captain of the
aircraft.
http://www.un.org/law/ilc/texts/diplomat.htm


Articles 50(1)(b) and 50(2) of the Vienna Convention on Consular Relations (VCCR).
http://www.un.org/law/ilc/texts/consul.htm


?OFM Customs prepares documentation authorizing blanket clearance of
foreign government-owned equipment entering the U.S. for repair or
incorporated into cooperative project products.
OFM Customs also works to ensure that foreign governments provide
customs privileges and benefits mandated by applicable treaties and
agreements for U.S. missions and personnel in foreign countries.

Office of Foreign Missions Customs Program
3507 International Place, N.W.
Washington, D.C. 20522-3302
(202) 895-3563
(202) 895-3533 FAX
E-mail: OFMTaxCustoms@state.gov?

http://www.state.gov/ofm/customs/

New pouch procedures which sets out in detail how pouches should arrive.
http://www.state.gov/documents/organization/24009.pdf

Warning letter on diplomatic cargo shipments
http://www.state.gov/documents/organization/32365.pdf

Diplomatic Courier Service
http://www.state.gov/m/ds/rls/33832.htm


?US Dept of State 
Foreign Missions

1.                  Diplomatic and Consular Pouches
A diplomatic or consular pouch is defined as a sealed package,
envelope, bag, pouch or other container that is clearly labeled and
used exclusively to carry official correspondence, documents, or
articles in between
-         Embassies, legations, consulates, and foreign government
with which the United States has diplomatic relations.
-         Headquarters or any other office of a designated public
international organization and one of its regional offices in the
United States or a foreign country (as referred to in Section
148.87(b) and the U.S. Customs Regulations).

Diplomatic pouches are inviolable and therefore may not be detained or
opened under any circumstances, nor are such pouches subject to duty. 
Pouches must
-         Bear the official seal of the government or international
organization concerned
-         Be addressed to one of the offices of the entity whose seal
the pouch carries
-         Have a detachable certificate affixed under the seal that is
signed by a responsible official of the originating foreign office,
embassy, legation, consulate, or international organization and which
describes the pouch and the certifies that it contains nothing but
official communications, documents, or articles.

Pouches that arrive with the required detachable certificate may be
cleared immediately; the certificate will be retained by USCS
officials and provides the authority for immediate release.

Pouches, which arrive without the proper detachable certificate but
which bear the official seal and are addressed as outlined above, may
also be cleared with minimum delay by providing OFM/Customs with a
DS-1504. NO pouches will be cleared telephonically.  The following
information is required in the DS-1504:
-         Statement that the package is a pouch
-         Air waybill number
-         Entry or manifest number, if applicable
-         Name of the carrier and airport where the pouch is being held

http://www.state.gov/ofm/resource/imp/customs/20301.htm

Diplomatic Note 1504 Supplement
Form DS-1504, Request for Customs Clearance of Merchandise.
http://www.state.gov/ofm/resource/imp/customs/20297.htm
Additional notes
http://www.state.gov/ofm/resource/notes/20304.htm


?Thailand Customs
Privileged Goods under the Agreement with the United Nations and
Diplomatic Missions
The minimum amount of documentation required for Customs clearance
comprises a completed Import Declaration Form, an air waybill (AWB) or
bill of lading (B/L), a delivery order, a D.P.I. Form (Entry Form for
diplomatic clearance of goods imported by diplomatic missions,
international organizations) issued by the Ministry of Foreign
Affairs, and other documents relating to the importation (if any).

An Import Declaration Form must be completed and submitted to the
Privileges and Investment Promotion Section at the port or place of
entry, including the D.P.I. Form and all supporting documents. All
documents are verified by Customs and, if correct, returned to the
importer who will, then, contact the Goods Examination Division for
the release of the privileged goods?
http://www.customs.go.th/Customs-Eng/PrivilegedGoods/PrivilegedGoods.jsp?menuNme=Diplomatic


?Ukraine Air
Diplomatic mail

The UIA accomplishes freights of the diplomatic cargoes. A combination
of regular flights with flights of airlines-partners of the UIA make a
comfortable map for a delivery of your diplomatic mail to many
airports of the world.

In order to secure a quick delivery of your mail to the airport of
destination, specialists will find the optimal route and will also
provide a quick reception and transfer of cargo.

Taking into account the particularities of this sort of sending,
specialists of the UIA give service to every diplomatic mail as to
urgent and express during the reception and loading on a flight. The
transportation of the diplomatic cargo is constantly watched over the
watching system starting from the moment of sending. If you trust us
to accomplish the transportation of the diplomatic mail, we assure you
that the UIA have necessary personnel, experience and technical
possibilities.?

http://www.cargo.ukraine-international.com/eng/services/post

?British Airways Cargo
S E R V I C E S - Diplomatic Mail
	
British Airways World Cargo provides a range of Diplomatic Mail
Services. For your most sensitive consignments, World Cargo personnel
deliver your documents into the safekeeping of the Captain or a senior
crew member for the duration of the flight. If you prefer, you can
send your own accredited courier to accompany your consignment. Your
mail is held in BA strong rooms or safes until it is collected by your
designated representative or while in transit through London. For less
sensitive items, you can use our Express or Courier Services.?

http://www.baworldcargo.com/services/diplomatic.shtml

answerfinder-ga

I will say that this quick response to my question is much more than I
have gotten playing phone tag for two months!  Even if there is no
definitive answer it has provided the truth of "Cold Reality" to me on
this issue.  Just as our group had to fight to bring the matter of
fake banks to the attention of regulators around the world, we will
probably have to fight to bring this even rarer animal before the
authorities.

Our methods of bank killing can be applied to these security
companies, but it is really a hit or miss affair dependent on our
prior relationship with the webhost hosting the domain:  If we had
previously found a large number of fake banks (and succsessfully
closed them) on the host, then that host is more likely to believe our
fraud warnings based on thier perception of our truthfulness and
knowledge of the subject (Plus, they are probably tired of us clogging
up thier support ticket systems!)
If the host has never been contacted before, then the probability of
closing the site down approaches nil.

Our flashmobs are important and powerful tools against fraud sites in
general, but we must be able to provide a sturdy logical base of
arguments against the site before taking the drastic (and in many
individuals eyes, vigilante) steps of mass mail, telephone, and email
campaigns against the site.

In regards to copyright enforcements, it has become abundantly clear
that even so much as hinting that a website has "stolen content" from
another website will result in the webhost immediately cowering behind
a boilerplate response of "Submit a DMCA claim!".  As a third part to
the offense, we can't submit DMCA claims, we can only contact the
original content owners.  As such, our abuse notices are ignored, and
the original content holders are often slow to launch thier own legal
responses to the issue.  In light of this, veteran "bank killers" will
avoid mentioning copyright issues--they have been burned one too many
times to do otherwise.