We've been discussing what happens when the mark is hooked and sends his "girlfriend" money because she needs to get to the Embassy for an interview, needs money for the interview, needs money for transportation, etc. There is, however, another variation of this: what happens when the mark comes to visit his "girlfriend" in her country?
This is another variant of the scam. Sometimes, the "girlfriend" will invite the mark to her home country. When this happens, there are two basic variations of the scheme: either nonviolent extortion or outright criminal threats. We will talk about the first variant today.
When the mark arrives in the foreign country, as before, the entire purpose is to get money from the mark. This can be easier (sometimes) in the "girlfriend's" country.
First the mark has to put up money to stay at a hotel, and usually it is one of the better ones. Unscrupulous hotels will sometimes share the proceeds with the "girlfriend." In addition, the mark will have to pay fees directly to the "agency" when they are in the country. The mark will also be expected to pay for food and gifts for his "girlfriend."
It is also common for the "girlfriend" to ask the mark for monies to help with expenses or that the "girlfriend" is going through a crisis and needs some money to help with this emergency. Given the romantic setting and the pleading of the "girlfriend," it is easy to see how the mark will fall for it and give money to his "girlfriend." After all, it is just a one-time thing, right?
We will continue this tommorrow.
www.tauskvega.com
Have a great and fraud-free day.
-------------------->>>>>>>>>>>>>>>>gene tausk
Thursday, June 30, 2011
Love is Cruel IV
OK - so now the mark is hooked.
His "girlfriend" told him that she needs to apply for a visa to come and see him. Now, of course, she needs money to do so. She needs to make an appointment at the American Embassy or consulate. She needs to get to the Embassy. The Embassy is not in her hometown (or if it is, it is a long way from her house) and she needs to spedn the night in a hotel (or several nights) before she can get to the interview. She needs money for food while she is waiting. And, of course, there are the consular fees that must be paid.
It is not uncommong to his the mark up for a couple of thousand dollars at this point. The "girlfriend" will ask for the moneyand, conveniently, have an account to where the money can be wired. Once the money is wired, so the "girlfriend" says, she can begin the process of getting the visa.
So, the mark wires, let's say, $3000.00 to the "girlfriend" so she can get her visa.
By now, of course, readers of this blog should know where this is going. The money arrives to the "girlfriend" who has absolutely no interest of spending it on any visa interview. In any case, visa interviews are handled in a professional manner by the U.S. Department of State and the person applying for the visa will know exactly when and where the interview will take place, so there is no need to spend many nights in a hotel. The money is going directly to the "girlfriend" with a cut given to the agency and possibly to other players.
Once the mark asks about the visa, the "girlfriend" will have a story about how it was denied. But, no worries, they can try again. Of course, she will need to return home while she tris again and, of course, it will require more money to apply, etc. In the meantime, she will wait for the money so the process can repeat itself.
This is like the 419 scam - the idea is to keep the mark hooked and the money flowing.
We will discuss another variant of this tommorrow - what happens when the mark comes to the foreign country.
http://www.tauskvega.com/
As always, have a great and fraud free day.
------------------->>>>>>>>>>>>>>>>>>>>gene tausk
His "girlfriend" told him that she needs to apply for a visa to come and see him. Now, of course, she needs money to do so. She needs to make an appointment at the American Embassy or consulate. She needs to get to the Embassy. The Embassy is not in her hometown (or if it is, it is a long way from her house) and she needs to spedn the night in a hotel (or several nights) before she can get to the interview. She needs money for food while she is waiting. And, of course, there are the consular fees that must be paid.
It is not uncommong to his the mark up for a couple of thousand dollars at this point. The "girlfriend" will ask for the moneyand, conveniently, have an account to where the money can be wired. Once the money is wired, so the "girlfriend" says, she can begin the process of getting the visa.
So, the mark wires, let's say, $3000.00 to the "girlfriend" so she can get her visa.
By now, of course, readers of this blog should know where this is going. The money arrives to the "girlfriend" who has absolutely no interest of spending it on any visa interview. In any case, visa interviews are handled in a professional manner by the U.S. Department of State and the person applying for the visa will know exactly when and where the interview will take place, so there is no need to spend many nights in a hotel. The money is going directly to the "girlfriend" with a cut given to the agency and possibly to other players.
Once the mark asks about the visa, the "girlfriend" will have a story about how it was denied. But, no worries, they can try again. Of course, she will need to return home while she tris again and, of course, it will require more money to apply, etc. In the meantime, she will wait for the money so the process can repeat itself.
This is like the 419 scam - the idea is to keep the mark hooked and the money flowing.
We will discuss another variant of this tommorrow - what happens when the mark comes to the foreign country.
http://www.tauskvega.com/
As always, have a great and fraud free day.
------------------->>>>>>>>>>>>>>>>>>>>gene tausk
Tuesday, June 28, 2011
Love is Cruel III
Continuing with our discussion on the sweetheart scam:
At this point, the mark is in communication with the girl of his dreams. Emails have been exchanged and maybe even a few phone calls. Now, it is time to meet the fantasy girl.
This is where the "meat" of the fraud comes into play. At this point, there has been no real investment of money by the mark into this fraud, just time. The purpose of the "girlfriend" is to get the mark interested to the point where he will want to spend money. As stated, the "girlfriend" and the agency that arranges the meeting take the time and effort to make the "girlfriend" look as enticing and beautiful as possible in the pictures and the emails and phone calls are designed as "come ons" to get the mark to take the bait.
Once the mark is interested, money will begin to exchange hands.
There are two real ways at this point that the fraud can proceed. The first way, and the less dangerous way, is for the "girlfriend" to propose that she come to the States to visit the mark so they can get to know each other. Since the "girlfriend" will be (usually) coming from a country that requires a visa, this means that she will have to get a visa from an American Embassy or consulate.
The "girlfriend" will request that the mark send her money so she can proceed with the visa. This usually involves: (a) telling the mark that she needs transportation to an American Embassy or consulate from her hometown so she needs plane tickets; (b) money to stay at a hotel while she waits for a visa interview; (c) visa fees [which actually is a legitimate requirement since the Department of State charges for visas, but not at the price she is stating] and (d) money to pay an agency to help her with the visa processes.
The "girlfriend" can demand several thousand dollars for this, once again stating that she needs the money for the above requirements. The mark, thinking nothing is wrong, will send her the money.
This is where the mark is "hooked." Once again, like the Nigerian 419 scam, the purpose is to keep the mark coming back for more, not for an end result. Once the money starts flowing to the "girlfriend," this is where the fraudsters make their money.
We will discuss how this fraud develops tomorrow.
Here is some more interesting reading on the subject: http://www.kmbc.com/money/9246998/detail.html
www.tauskvega.com
As always, have a great and fraud-free day.
---------------->>>>>>>>>>>>>>>>>>>>>>gene tausk
At this point, the mark is in communication with the girl of his dreams. Emails have been exchanged and maybe even a few phone calls. Now, it is time to meet the fantasy girl.
This is where the "meat" of the fraud comes into play. At this point, there has been no real investment of money by the mark into this fraud, just time. The purpose of the "girlfriend" is to get the mark interested to the point where he will want to spend money. As stated, the "girlfriend" and the agency that arranges the meeting take the time and effort to make the "girlfriend" look as enticing and beautiful as possible in the pictures and the emails and phone calls are designed as "come ons" to get the mark to take the bait.
Once the mark is interested, money will begin to exchange hands.
There are two real ways at this point that the fraud can proceed. The first way, and the less dangerous way, is for the "girlfriend" to propose that she come to the States to visit the mark so they can get to know each other. Since the "girlfriend" will be (usually) coming from a country that requires a visa, this means that she will have to get a visa from an American Embassy or consulate.
The "girlfriend" will request that the mark send her money so she can proceed with the visa. This usually involves: (a) telling the mark that she needs transportation to an American Embassy or consulate from her hometown so she needs plane tickets; (b) money to stay at a hotel while she waits for a visa interview; (c) visa fees [which actually is a legitimate requirement since the Department of State charges for visas, but not at the price she is stating] and (d) money to pay an agency to help her with the visa processes.
The "girlfriend" can demand several thousand dollars for this, once again stating that she needs the money for the above requirements. The mark, thinking nothing is wrong, will send her the money.
This is where the mark is "hooked." Once again, like the Nigerian 419 scam, the purpose is to keep the mark coming back for more, not for an end result. Once the money starts flowing to the "girlfriend," this is where the fraudsters make their money.
We will discuss how this fraud develops tomorrow.
Here is some more interesting reading on the subject: http://www.kmbc.com/money/9246998/detail.html
www.tauskvega.com
As always, have a great and fraud-free day.
---------------->>>>>>>>>>>>>>>>>>>>>>gene tausk
Monday, June 27, 2011
Love is Cruel II
Let's start discussing the details of the sweetheart bride scam.
The first step, of course, is the mark begins searching for a bride or date online. Usually, this means that he is referred to a website which offers the ubiquitous "exotic foreign women searching for American men" details. The mark is offered a bewildering variety of pictures of beautiful women (sometimes the photographs are taken by professionals with the women being instructed to pose as provocatively as possible). Included with the information, of course, are the various biographies of the women. The agency also provides the contact information for the women, but this information is often filtered through the agency (in the sense that all emails are cc'd to the agency, phone contacts are handled by the agency, etc.). Note, however, that this is not always the case. In many instances, the women provide their own email addresses and/or phone numbers.
The second step is the contact between the mark and the woman. This usually begins with email introductions followed by an exchange of correspondence. It is important to note at this time that the woman usually has a working knowledge of English, or at least can get by in conversation. Once again, however, this is not always the case and sometimes the agency will provide an "interpreter" as part of the service. This email correspondence sets the stage for the next phase of the fraud.
www.tauskvega.com
As always have a great and fraud-free day.
-------------->>>>>>>>>>>>>>>>>gene tausk
The first step, of course, is the mark begins searching for a bride or date online. Usually, this means that he is referred to a website which offers the ubiquitous "exotic foreign women searching for American men" details. The mark is offered a bewildering variety of pictures of beautiful women (sometimes the photographs are taken by professionals with the women being instructed to pose as provocatively as possible). Included with the information, of course, are the various biographies of the women. The agency also provides the contact information for the women, but this information is often filtered through the agency (in the sense that all emails are cc'd to the agency, phone contacts are handled by the agency, etc.). Note, however, that this is not always the case. In many instances, the women provide their own email addresses and/or phone numbers.
The second step is the contact between the mark and the woman. This usually begins with email introductions followed by an exchange of correspondence. It is important to note at this time that the woman usually has a working knowledge of English, or at least can get by in conversation. Once again, however, this is not always the case and sometimes the agency will provide an "interpreter" as part of the service. This email correspondence sets the stage for the next phase of the fraud.
www.tauskvega.com
As always have a great and fraud-free day.
-------------->>>>>>>>>>>>>>>>>gene tausk
Sunday, June 26, 2011
Love is Cruel
Today we start talking about a type of fraud that became popular in the 90's, but is still prevalent, especially with the web. It is an especially cruel type of fraud and deceit as it plays on the age-old human desire for companionship. It is called "mail bride fraud," "mail order bride fraud" "Russian bride scam" (although I despise this term for reasons I will explain later) and "sweetheart scam." We will refer to it as the sweetheart scam for the purposes of this blog. The sweetheart scam, in essence, is using the internet to promise a man (usually, although women are prey as well) a marriageable wife (usually much younger) but, as with the "419" scam we discussed earlier, the purpose is not to connect the women with the man, but to stretch out the relationship as long as possible and, during this time, get as much money from the man (obviously, the mark).
More and more, people are using the internet to find dates and brides (and, of course, grooms). Dating sites abound as do commercials for "find the right companion." We will discuss websites, dating organizations and bridal agencies that "specialize" in finding women for American men. As stated, although this is a late 20th and certainly a 21st century phenomenon, it is not new. This scam goes back centuries.
Modern communications and the internet, however, make the sweetheart scam much easier to perform.
Although we will discuss this in detail, there are two details that need to be discussed immediately. First, the websites that promote the sweetheart scam claim that the women they have to offer are "not spoiled by American feminism and are willing and submissive." Anyone who is searching for, in essence, a blow-up Barbie doll to be a house-and-sex slave should question just what kind of wife they want and, more importantly, what kind of person they are. Human beings are not chattel and, anyone who falls for the line of "a submissive woman" is asking for the sweetheart scam. Second, as any marriage counselor or family attorney will tell you, not to mention common sense, marriage is a commitment, both legal and personal (it is not the purpose of this blog to discuss spiritual matters and I don't want to get into this area). Marriages are not made over a visit to a few websites.
As can be seen, this is a long topic which we shall discuss in depth.
www.tauskvega.com
Here is a quick story and video on the subject: http://www.cbsnews.com/stories/2005/04/14/eveningnews/main688311.shtml
Have a great and fraud-free day.
---------------->>>>>>>>>>>>>>>>>gene tausk
More and more, people are using the internet to find dates and brides (and, of course, grooms). Dating sites abound as do commercials for "find the right companion." We will discuss websites, dating organizations and bridal agencies that "specialize" in finding women for American men. As stated, although this is a late 20th and certainly a 21st century phenomenon, it is not new. This scam goes back centuries.
Modern communications and the internet, however, make the sweetheart scam much easier to perform.
Although we will discuss this in detail, there are two details that need to be discussed immediately. First, the websites that promote the sweetheart scam claim that the women they have to offer are "not spoiled by American feminism and are willing and submissive." Anyone who is searching for, in essence, a blow-up Barbie doll to be a house-and-sex slave should question just what kind of wife they want and, more importantly, what kind of person they are. Human beings are not chattel and, anyone who falls for the line of "a submissive woman" is asking for the sweetheart scam. Second, as any marriage counselor or family attorney will tell you, not to mention common sense, marriage is a commitment, both legal and personal (it is not the purpose of this blog to discuss spiritual matters and I don't want to get into this area). Marriages are not made over a visit to a few websites.
As can be seen, this is a long topic which we shall discuss in depth.
www.tauskvega.com
Here is a quick story and video on the subject: http://www.cbsnews.com/stories/2005/04/14/eveningnews/main688311.shtml
Have a great and fraud-free day.
---------------->>>>>>>>>>>>>>>>>gene tausk
Saturday, June 25, 2011
Born in the USA (Sort of) IX
Well, let's conclude this series of posts by finding out how do you spot a "notario" or someone who is not an attorney who is practicing law without a license.
The first thing anyone should look for when sitting in the office of someone who claims to be an attorney or is practicing Immigration law is their law license. Law licenses are given by the state (or states) in which a person practices. The law license should be prominently displayed on the wall (NOTE: this is not just for "vanity" sake- it lets the consumer know that they are in the office of a licensed attorney).
The second clue should be on the person's business cards: the card shoudl clearly state that the person is an "attorney at law." Words such as "Immigration practitioner" or "consultant" or even "notary public" should be a dead giveaway that something is wrong.
Third, if an individual has any doubts, they should ask the person for their bar number. A bar number is issued by the state in which a person practices after the person has passed the bar exam to become an attorney. It is a number that is unique to each attorney and is not duplicated. If a person hesitates in giving a bar number, this is also a giveaway that something is wrong. Further, a person should be able to check with the State bar to see if the person is eligible to practice law. Texas, for example, provides a very well run website with information available to any interested party which provides information on all licensed Texas attorneys, including disciplinary information.
Fourth, the person should always be wary if the "practitioner" wants to do business in cash. Any reputable attorney will accept checks and most accept credit cards. Further, any reputable attorney will place in writing (a contract) just what legal services are being provided and how much these services will cost.
Incidentally, it is worth noting that there are Immigration practitioners that do practice Immigration law who are not attorneys. However, these are special exceptions and these people have been well trained and are qualified to practice Immigration law by writ of the Immigration service. Also, the vast majority of these practitioners work for charitable or humane organizations (e.g. Catholic Charities).
Remember once again - the unauthorized practice of law is a crime. Giving your confidential and personal Immigration information to someone who is not qualified to practice law can lead not only to losing money, but to an Immigration disaster. Always work with a qualified Immigration lawyer.
www.tauskvega.com
As always, have a great and fraud-free day.
--------------->>>>>>>>>>>>>>>>>>>gene tausk
The first thing anyone should look for when sitting in the office of someone who claims to be an attorney or is practicing Immigration law is their law license. Law licenses are given by the state (or states) in which a person practices. The law license should be prominently displayed on the wall (NOTE: this is not just for "vanity" sake- it lets the consumer know that they are in the office of a licensed attorney).
The second clue should be on the person's business cards: the card shoudl clearly state that the person is an "attorney at law." Words such as "Immigration practitioner" or "consultant" or even "notary public" should be a dead giveaway that something is wrong.
Third, if an individual has any doubts, they should ask the person for their bar number. A bar number is issued by the state in which a person practices after the person has passed the bar exam to become an attorney. It is a number that is unique to each attorney and is not duplicated. If a person hesitates in giving a bar number, this is also a giveaway that something is wrong. Further, a person should be able to check with the State bar to see if the person is eligible to practice law. Texas, for example, provides a very well run website with information available to any interested party which provides information on all licensed Texas attorneys, including disciplinary information.
Fourth, the person should always be wary if the "practitioner" wants to do business in cash. Any reputable attorney will accept checks and most accept credit cards. Further, any reputable attorney will place in writing (a contract) just what legal services are being provided and how much these services will cost.
Incidentally, it is worth noting that there are Immigration practitioners that do practice Immigration law who are not attorneys. However, these are special exceptions and these people have been well trained and are qualified to practice Immigration law by writ of the Immigration service. Also, the vast majority of these practitioners work for charitable or humane organizations (e.g. Catholic Charities).
Remember once again - the unauthorized practice of law is a crime. Giving your confidential and personal Immigration information to someone who is not qualified to practice law can lead not only to losing money, but to an Immigration disaster. Always work with a qualified Immigration lawyer.
www.tauskvega.com
As always, have a great and fraud-free day.
--------------->>>>>>>>>>>>>>>>>>>gene tausk
Thursday, June 23, 2011
Born in the USA (Sort of) VIII
Let's continue with our discussion of "notarios" - those who engage in the practice of Immigration law without a law license.
There are three main problems with using a notario for Immigration work.
The first, obviously, is that the person is not an attorney and is not qualified to practice Immigration law. As we have already discussed, the practice of Immigration law is a complex legal field demanding not only a sound legal education but also the capacity to keep current with the state of the law. Immigration law is a constantly changing field. Immigration practitioners must keep constantly updating their knowledge base. Attorneys have to do this as a license requirement. Notarios have no such requirement. As such, notarios do not have the knowledge base to practice Immigration law.
This leads to the second issue: because Immigration law is so complex, it is important to be able to perform a legal analysis BEFORE submitting forms to Immigration. Sometimes the best course of action for Immigration practitioners is to do nothing at all. If Immigration forms are sent to the USCIS and the person has no legal status and cannot receive a legal status, what can happen is that a person who applies for Immigration benefits but is unable to receive status may find themselves in Deportation/Removal proceedings. Notarios have been known to send people to interviews with the USCIS with the end result that these people are placed in Removal proceedings. In other words, a person who does not know what they are doing can get their clients deported.
Finally, a person who is practicing law without a license is committing a crime (in the State of Texas). The unauthorized practice of law is a serious offense. This is fraud, pure and simple.
Here is an article on the crackdown of such notarios: http://www.yourvalleyvoice.com/news/article_2344dd0a-92c8-11e0-8b89-001cc4c002e0.html
Next, we will look at what can be done if you are a victim of a notario.
www.tauskvega.com
Have a great and fraud-free day.
-------------->>>>>>>>>>>>>gene tausk
There are three main problems with using a notario for Immigration work.
The first, obviously, is that the person is not an attorney and is not qualified to practice Immigration law. As we have already discussed, the practice of Immigration law is a complex legal field demanding not only a sound legal education but also the capacity to keep current with the state of the law. Immigration law is a constantly changing field. Immigration practitioners must keep constantly updating their knowledge base. Attorneys have to do this as a license requirement. Notarios have no such requirement. As such, notarios do not have the knowledge base to practice Immigration law.
This leads to the second issue: because Immigration law is so complex, it is important to be able to perform a legal analysis BEFORE submitting forms to Immigration. Sometimes the best course of action for Immigration practitioners is to do nothing at all. If Immigration forms are sent to the USCIS and the person has no legal status and cannot receive a legal status, what can happen is that a person who applies for Immigration benefits but is unable to receive status may find themselves in Deportation/Removal proceedings. Notarios have been known to send people to interviews with the USCIS with the end result that these people are placed in Removal proceedings. In other words, a person who does not know what they are doing can get their clients deported.
Finally, a person who is practicing law without a license is committing a crime (in the State of Texas). The unauthorized practice of law is a serious offense. This is fraud, pure and simple.
Here is an article on the crackdown of such notarios: http://www.yourvalleyvoice.com/news/article_2344dd0a-92c8-11e0-8b89-001cc4c002e0.html
Next, we will look at what can be done if you are a victim of a notario.
www.tauskvega.com
Have a great and fraud-free day.
-------------->>>>>>>>>>>>>gene tausk
Wednesday, June 22, 2011
Born in the USA (Sort of) VII
OK - let's move onto the last part of this series of posts - Immigration Fraud involving the unauthorized practice of law.
As stated in an earlier post, the practice of Immigration law is a complex process. It is not simply "filling out forms." Immigration law involves a knowledge of the Immigration and Nationality Act of 1952, as amended and other United States laws. Immigration law is Federal law (only the Federal government has the authority to enact and enforce Immigration laws), but it affects State law as well and vice-versa. This area of law is complex and, once again, Byzantine. The State of Texas, as well as other states, recognize Immigration law as a specialty and it is possible to become Board Certified in Immigration and Nationality Law.
As a matter of fact, the "outline" of Immigration law, published by Ira Kurzban, is about 1200 pages in length. Keep in mind, this is just the outline.
It is made even further complex by the myriads of court decisions. Immigration law is decided in Federal courts, appealed to Federal units such as the Board of Immigration Appeals and the Appeals Administration Office, and appealed and counter-appealed at the various Federal courts of appeals and even the Supreme Court of the United States.
In summary, this is a complex area of the law.
As an attorney, therefore, it is frustrating to see people who are not authorized to practice law hold themselves out as "Immigration Consultants" or "Immigration Helpers" or the all-purpose catch phrase - "notarios." These are people who do not have a law license but practice Immigration law.
The practice of Immigration law, incidentally, as defined by the United States Citizenship and Immigration Service includes filling out Immigration forms for other people who are not your immediate family (ex - your spouse and your children under the age of 18 are generally considered your immediate family).
People who do not have a law license but fill out Immigration forms for other people, therefore, are practicing law without a license. And, this leads to trouble and sometimes disaster for many innocent people.
Here is a quick outline on the subject: https://www.oag.state.tx.us/oagNews/release.php?id=128
www.tauskvega.com
As always, have a great and fraud-free day.
------------->>>>>>>>>>>>>>>>>>>>>>>gene tausk
As stated in an earlier post, the practice of Immigration law is a complex process. It is not simply "filling out forms." Immigration law involves a knowledge of the Immigration and Nationality Act of 1952, as amended and other United States laws. Immigration law is Federal law (only the Federal government has the authority to enact and enforce Immigration laws), but it affects State law as well and vice-versa. This area of law is complex and, once again, Byzantine. The State of Texas, as well as other states, recognize Immigration law as a specialty and it is possible to become Board Certified in Immigration and Nationality Law.
As a matter of fact, the "outline" of Immigration law, published by Ira Kurzban, is about 1200 pages in length. Keep in mind, this is just the outline.
It is made even further complex by the myriads of court decisions. Immigration law is decided in Federal courts, appealed to Federal units such as the Board of Immigration Appeals and the Appeals Administration Office, and appealed and counter-appealed at the various Federal courts of appeals and even the Supreme Court of the United States.
In summary, this is a complex area of the law.
As an attorney, therefore, it is frustrating to see people who are not authorized to practice law hold themselves out as "Immigration Consultants" or "Immigration Helpers" or the all-purpose catch phrase - "notarios." These are people who do not have a law license but practice Immigration law.
The practice of Immigration law, incidentally, as defined by the United States Citizenship and Immigration Service includes filling out Immigration forms for other people who are not your immediate family (ex - your spouse and your children under the age of 18 are generally considered your immediate family).
People who do not have a law license but fill out Immigration forms for other people, therefore, are practicing law without a license. And, this leads to trouble and sometimes disaster for many innocent people.
Here is a quick outline on the subject: https://www.oag.state.tx.us/oagNews/release.php?id=128
www.tauskvega.com
As always, have a great and fraud-free day.
------------->>>>>>>>>>>>>>>>>>>>>>>gene tausk
Tuesday, June 21, 2011
Born in the USA (Sort of) VI
Let's examine once again the I-129 form which is used for H1-B and other work visas:
http://www.uscis.gov/files/form/i-129.pdf
A cursory inspection reveals that this form asks a great number of questions, many of which are very intrusive. Look at the requirements, for example, for an 'E' visa. Not only does all of this information need to be provided on the form, the supporting documents must be provided as well.
These documents, by the way, are also subject to scrutiny by the United States Citizenship and Immigration Services ("USCIS").
Which is the topic of this discussion. All documents that are provided to the USCIS as part of a visa application also have to be true and correct. The presentation of false documents to the USCIS is also visa fraud. So, it is not only the answers on the Immigration forms that are subject to USCIS scrutiny; the documentation and evidence that is provided to the USCIS is also subject to the same level of scrutiny. This is also a point where individuals or corporations attempting to obtain a visa for an individual (or an individual who is applying for such visa) must ensure that the documentation provided is true and correct.
The submission of false documentation is part of Visa fraud which not only can lead to a visa or status being denied by Immigration, it can also potentially lead to criminal prosecution.
(By the way, it is important to note that "visa" fraud of course does not refer to the credit card)
So - it is important to remember that the documents submitted to Immigration must also be true and correct, not only the forms themselves.
www.tauskvega.com
As always, have a great and fraud-free day.
---------------->>>>>>>>>>>>>>>gene tausk
http://www.uscis.gov/files/form/i-129.pdf
A cursory inspection reveals that this form asks a great number of questions, many of which are very intrusive. Look at the requirements, for example, for an 'E' visa. Not only does all of this information need to be provided on the form, the supporting documents must be provided as well.
These documents, by the way, are also subject to scrutiny by the United States Citizenship and Immigration Services ("USCIS").
Which is the topic of this discussion. All documents that are provided to the USCIS as part of a visa application also have to be true and correct. The presentation of false documents to the USCIS is also visa fraud. So, it is not only the answers on the Immigration forms that are subject to USCIS scrutiny; the documentation and evidence that is provided to the USCIS is also subject to the same level of scrutiny. This is also a point where individuals or corporations attempting to obtain a visa for an individual (or an individual who is applying for such visa) must ensure that the documentation provided is true and correct.
The submission of false documentation is part of Visa fraud which not only can lead to a visa or status being denied by Immigration, it can also potentially lead to criminal prosecution.
(By the way, it is important to note that "visa" fraud of course does not refer to the credit card)
So - it is important to remember that the documents submitted to Immigration must also be true and correct, not only the forms themselves.
www.tauskvega.com
As always, have a great and fraud-free day.
---------------->>>>>>>>>>>>>>>gene tausk
Monday, June 20, 2011
Born in the USA (Sort of) V
OK - let's leave marriage fraud behind for a moment. We will discuss visa application fraud.
Simply put, this is when an applicant knowingly lies on a visa application. (NOTE - the "knowing" standard may not always apply).
As we discussed previously, most visitors to the United States need to complete a visa application form to receive a visa. Note that there are dozens of types of "visas" to the U.S. Some are tourist visas (ex - B1/B2), which allow a person to come to the U.S. as a tourist, but not to work. Other types of visas are for working in the U.S. (ex - H1-B, L, O). Still other types of visas are for study in the U.S. (ex - 'F'). The standard denominator here, however, is that an applicant has to complete a visa application and, by doing so, states that the information that he is providing is true and correct.
Here is an example of a visa form: http://www.uscis.gov/files/form/i-129.pdf
This is for a work visa (actually for several types of work visas). The most important part is where the person is stating that the information provided is true and correct to the best of their knowledge. In other words, the person is making these statements, for all intents and purposes, under oath. Making a false statement, therefore, amounts to perjury.
This is why Immigration law is more than just "filling out forms." It is serious.
We will continue this discussion tomorrow.
www.tauskvega.com
As always, have a great a fraud free day.
------------->>>>>>>>>>>>>>>>gene tausk
Simply put, this is when an applicant knowingly lies on a visa application. (NOTE - the "knowing" standard may not always apply).
As we discussed previously, most visitors to the United States need to complete a visa application form to receive a visa. Note that there are dozens of types of "visas" to the U.S. Some are tourist visas (ex - B1/B2), which allow a person to come to the U.S. as a tourist, but not to work. Other types of visas are for working in the U.S. (ex - H1-B, L, O). Still other types of visas are for study in the U.S. (ex - 'F'). The standard denominator here, however, is that an applicant has to complete a visa application and, by doing so, states that the information that he is providing is true and correct.
Here is an example of a visa form: http://www.uscis.gov/files/form/i-129.pdf
This is for a work visa (actually for several types of work visas). The most important part is where the person is stating that the information provided is true and correct to the best of their knowledge. In other words, the person is making these statements, for all intents and purposes, under oath. Making a false statement, therefore, amounts to perjury.
This is why Immigration law is more than just "filling out forms." It is serious.
We will continue this discussion tomorrow.
www.tauskvega.com
As always, have a great a fraud free day.
------------->>>>>>>>>>>>>>>>gene tausk
Sunday, June 19, 2011
Born in the USA (Sort of) IV
OK - we discussed last time the issues of getting married. As discussed, when a person marries an American citizen, they are entitled to a Green Card. However, getting a Green Card does not occur automatically. The applicant (petitioner) still needs to go through the Immigration process and apply for a Green Card. This is where the interview, mentioned last time, will occur.
If the petitioner receives a Green Card, however, it does not stop there. Marriages to a U.S. citizen will allow the Petitioner to receive a Conditional Green Card. This Conditional Green Card (CGC) is good for two years. Shortly before this two year period expires, the petitioner must apply to have the condition removed and receive an actual Green Card, which is good for 10 years.
Once again, please note that this is not intended to be attorney advice nor should it be taken as such. A person seeking such information should consult with a reputable Immigration attorney.
Once the person files for removal of the condition and the receipt of an "actual" Green Card, the petitioner will have to supply documentation to the United States Citizenship and Immigration Service (USCIS) to demonstrate that the person is still married. If they are married, the USCIS might demand an interview.
However, if the Petitioner is divorced, then the USCIS has the right to demand information from the Petitioner outlining the marriage, the dissolution of the marriage and other factors that the USCIS may deem important in its decision as to whether to allow the Petitioner to remove the Condition on the Green Card and receive an actual Green Card.
These measures were enacted by the USCIS in its efforts to combat marriage fraud and sham marriages for Green Cards. Remember from an earlier post - sham marriages are actually a criminal offense and not just an Immigration violation.
Prosecutions do occur for this crime: http://www.examiner.com/crime-in-chicago/feds-announce-charges-sham-marriage-immigration-scheme
Next post, we will move on to other issues in Immigration Fraud,
www.tauskvega.com
As always, have a great and fraud-free day.
----------------->>>>>>>>>>>>>>>>>>gene tausk
If the petitioner receives a Green Card, however, it does not stop there. Marriages to a U.S. citizen will allow the Petitioner to receive a Conditional Green Card. This Conditional Green Card (CGC) is good for two years. Shortly before this two year period expires, the petitioner must apply to have the condition removed and receive an actual Green Card, which is good for 10 years.
Once again, please note that this is not intended to be attorney advice nor should it be taken as such. A person seeking such information should consult with a reputable Immigration attorney.
Once the person files for removal of the condition and the receipt of an "actual" Green Card, the petitioner will have to supply documentation to the United States Citizenship and Immigration Service (USCIS) to demonstrate that the person is still married. If they are married, the USCIS might demand an interview.
However, if the Petitioner is divorced, then the USCIS has the right to demand information from the Petitioner outlining the marriage, the dissolution of the marriage and other factors that the USCIS may deem important in its decision as to whether to allow the Petitioner to remove the Condition on the Green Card and receive an actual Green Card.
These measures were enacted by the USCIS in its efforts to combat marriage fraud and sham marriages for Green Cards. Remember from an earlier post - sham marriages are actually a criminal offense and not just an Immigration violation.
Prosecutions do occur for this crime: http://www.examiner.com/crime-in-chicago/feds-announce-charges-sham-marriage-immigration-scheme
Next post, we will move on to other issues in Immigration Fraud,
www.tauskvega.com
As always, have a great and fraud-free day.
----------------->>>>>>>>>>>>>>>>>>gene tausk
Saturday, June 18, 2011
Born in the USA (Sort of) III
OK - let's get back to marriage fraud. As discussed yesterday, this normally means marrying someone for the purpose of receiving a Green Card. This is an arranged marriage, more commonly known as a "sham" marriage according to the United States Citizenship and Immigration Services (USCIS) and United States Immigration and Customs Enforcement (ICE).
Congress and lawmakers have created several barriers to make it easier to catch people who engage in this activity. First, to be eligible to apply for a Green Card based on marriage to a U.S. citizen, two people (obviously) have to be married. Second, one of the parties must be a U.S. citizen. Third, not everyone is automatically eligible to become a Green Card holder simply because they married an American citizen. The person may not have the appropriate immigration status (ex - as of this writing, the person had to make an ENTRANCE into the U.S., not simply "cross the border"). NOTE - it is important to state that the information in this column is for INFORMATION PURPOSES ONLY and any questions regarding Immigration should be taken to a competent Immigration attorney.
However, assuming that the appropriate criteria are met, the appropriate paperwork must be filed with Immigration (USCIS). At some point, the person will be called into the local USCIS office for an interview. One of the purposes of the interview is to determine if the marriage is legitimate. This means that the USCIS interviewer has the legal authority to ask all appropriate and necessary questions to determine if the marriage is legitimate. For example, the officer can ask how the couple knows each other, where they met, what are their individual interests and interests as a couple. Do they plan to have any kids? When? What are their views on certain subjects?
If the officer determines that there is an issue of possible fraud, then the officer has the right to separate the couple and interview the persons individually. The officer has the right to compare the answers given to see if this couple actually knows each other and knows each other as a married couple should.
All of this is designed, of course, to fight marriage fraud. If the officer determines that the couple has not met the burden to prove that they are a married couple or that the marriage is legitimate, the officer can ask for further information, deny the application or even call for a criminal investigation.
Once again, this goes to the earlier post that sham marriages are not only Immigration fraud, but a criminal act.
Even if the Green Card is granted, however, the story does not end there. We will revisit this at the next post.
Here is further information: http://abcnews.go.com/Politics/immigration-green-card-marriage-young-couple-faces-feds/story?id=10738962
As always, feel free to visit our website: www.tauskvega.com
Have a great and fraud-free day.
--------------->>>>>>>>>>>>>>>>>>>>gene tausk
Congress and lawmakers have created several barriers to make it easier to catch people who engage in this activity. First, to be eligible to apply for a Green Card based on marriage to a U.S. citizen, two people (obviously) have to be married. Second, one of the parties must be a U.S. citizen. Third, not everyone is automatically eligible to become a Green Card holder simply because they married an American citizen. The person may not have the appropriate immigration status (ex - as of this writing, the person had to make an ENTRANCE into the U.S., not simply "cross the border"). NOTE - it is important to state that the information in this column is for INFORMATION PURPOSES ONLY and any questions regarding Immigration should be taken to a competent Immigration attorney.
However, assuming that the appropriate criteria are met, the appropriate paperwork must be filed with Immigration (USCIS). At some point, the person will be called into the local USCIS office for an interview. One of the purposes of the interview is to determine if the marriage is legitimate. This means that the USCIS interviewer has the legal authority to ask all appropriate and necessary questions to determine if the marriage is legitimate. For example, the officer can ask how the couple knows each other, where they met, what are their individual interests and interests as a couple. Do they plan to have any kids? When? What are their views on certain subjects?
If the officer determines that there is an issue of possible fraud, then the officer has the right to separate the couple and interview the persons individually. The officer has the right to compare the answers given to see if this couple actually knows each other and knows each other as a married couple should.
All of this is designed, of course, to fight marriage fraud. If the officer determines that the couple has not met the burden to prove that they are a married couple or that the marriage is legitimate, the officer can ask for further information, deny the application or even call for a criminal investigation.
Once again, this goes to the earlier post that sham marriages are not only Immigration fraud, but a criminal act.
Even if the Green Card is granted, however, the story does not end there. We will revisit this at the next post.
Here is further information: http://abcnews.go.com/Politics/immigration-green-card-marriage-young-couple-faces-feds/story?id=10738962
As always, feel free to visit our website: www.tauskvega.com
Have a great and fraud-free day.
--------------->>>>>>>>>>>>>>>>>>>>gene tausk
Thursday, June 16, 2011
Born in the USA (Sort of) II
OK - let's hit the ground running and talk about marriage fraud.
A few years back there was a (terrible) movie with Gerard Depardieu (sp?) in which a Frenchman (duh) gets married to an American for a Green Card. Of course, they are investigated and, as my brother would say, hi-larity ensues as the two who originally married for a Green Card actually fall in love with one another. Only in Hollyweird.
Let's start with the basics. Marriage to an American citizen is one of the most sure-fire ways to receive a Green Card. A Green Card is an Immigrant visa which gives the person Lawful Permanent Residency status in the United States. Yes, I know those are a lot of words to swallow. Basically, a Green Card lets a person reside permanently in the United States and work here as well. After a certain number of years, the person also gets to apply for his citizenship.
Marriage fraud, as the words imply, occurs when people get married for the exclusive purpose of getting one person a Green Card. There is no real "relationship" per se. There is an agreement, whether implicit or explicit, that after the person gets the Green Card, the marriage will end.
First, let's be clear about one thing - this is a crime, pure and simple. Getting married for the purpose of evading U.S. Immigration laws so that someone can benefit from a marriage and receive Lawful Permanent Residency in the United States is probably one of the more clear definitions of fraud that exists.
Usually, but not always, the American Citizen who is part of this arrangement will get money for his or her "services." Usually as well, the American Citizen who is performing this fraud will do the same scam again and again.
Let's get back to that "crime" thing: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01948.htm
Yes - a sham marriage not only is against the Immigration and Nationality Act, it is also a crime, specifically a federal felony which can lead to actual jail time.
No joke.
We'll explore this more tomorrow. In the meantime, remember, just because you saw a (really bad) Hollywood movie about this does not make it legal or proper.
As always, feel free to examine our website: www.tauskvega.com
Have a safe and fraud-free day.
---------------->>>>>>>>>>>>>>>gene tausk
A few years back there was a (terrible) movie with Gerard Depardieu (sp?) in which a Frenchman (duh) gets married to an American for a Green Card. Of course, they are investigated and, as my brother would say, hi-larity ensues as the two who originally married for a Green Card actually fall in love with one another. Only in Hollyweird.
Let's start with the basics. Marriage to an American citizen is one of the most sure-fire ways to receive a Green Card. A Green Card is an Immigrant visa which gives the person Lawful Permanent Residency status in the United States. Yes, I know those are a lot of words to swallow. Basically, a Green Card lets a person reside permanently in the United States and work here as well. After a certain number of years, the person also gets to apply for his citizenship.
Marriage fraud, as the words imply, occurs when people get married for the exclusive purpose of getting one person a Green Card. There is no real "relationship" per se. There is an agreement, whether implicit or explicit, that after the person gets the Green Card, the marriage will end.
First, let's be clear about one thing - this is a crime, pure and simple. Getting married for the purpose of evading U.S. Immigration laws so that someone can benefit from a marriage and receive Lawful Permanent Residency in the United States is probably one of the more clear definitions of fraud that exists.
Usually, but not always, the American Citizen who is part of this arrangement will get money for his or her "services." Usually as well, the American Citizen who is performing this fraud will do the same scam again and again.
Let's get back to that "crime" thing: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01948.htm
Yes - a sham marriage not only is against the Immigration and Nationality Act, it is also a crime, specifically a federal felony which can lead to actual jail time.
No joke.
We'll explore this more tomorrow. In the meantime, remember, just because you saw a (really bad) Hollywood movie about this does not make it legal or proper.
As always, feel free to examine our website: www.tauskvega.com
Have a safe and fraud-free day.
---------------->>>>>>>>>>>>>>>gene tausk
Wednesday, June 15, 2011
Born in the USA (Sort of) I
Let's move on to another area of concern for law enforcement officials and a "hot" topic for fraudsters- Immigration fraud.
America is a country of immigrants and we are proud of this tradition. It was not until the later part of the 19th century that laws began to be enacted which dealt with immigration restrictions in a large scale way. For a great deal of American history, it was simply "get on the boat and come over."
Today, of course, it is completely different. The Immigration laws of the United States are vast and byzantine, requiring specialized attorneys (Immigration attorneys) to work with and handle the complexities of applying for visas, green cards or citizenship. Except for those lucky citizens of nations that do not require a visa (ex - Germany, Japan, Great Britain, Iceland, etc.), a visitor to this country needs a visa to even enter, much less remain.
Of course, when there are difficulties in obtaining a visa, there is always fraud. Immigration fraud is one of the major concerns of law enforcement agencies, both Federal, State and Local, which have task forces to deal with the issue. And, the penalties are severe. Convictions for Immigration fraud can usually start with jail terms of five years. If the person is not a U.S. citizen, after conviction they can be returned (removed) back to their home countries, never to be allowed in the U.S. again.
In this next series of columns, we will discuss three major areas of Immigration fraud: (1) fake marriages; (2) visa application fraud and (3) unauthorized practice of law concerning Immigration. Immigration fraud is a vast subject and we will return to it in the future. But, for now, this will give us a lot to talk about.
See our website at: www.tauskvega.com
As always, have a safe and fraud-free day.
--------------->>>>>>>>>>>>>>>gene tausk
America is a country of immigrants and we are proud of this tradition. It was not until the later part of the 19th century that laws began to be enacted which dealt with immigration restrictions in a large scale way. For a great deal of American history, it was simply "get on the boat and come over."
Today, of course, it is completely different. The Immigration laws of the United States are vast and byzantine, requiring specialized attorneys (Immigration attorneys) to work with and handle the complexities of applying for visas, green cards or citizenship. Except for those lucky citizens of nations that do not require a visa (ex - Germany, Japan, Great Britain, Iceland, etc.), a visitor to this country needs a visa to even enter, much less remain.
Of course, when there are difficulties in obtaining a visa, there is always fraud. Immigration fraud is one of the major concerns of law enforcement agencies, both Federal, State and Local, which have task forces to deal with the issue. And, the penalties are severe. Convictions for Immigration fraud can usually start with jail terms of five years. If the person is not a U.S. citizen, after conviction they can be returned (removed) back to their home countries, never to be allowed in the U.S. again.
In this next series of columns, we will discuss three major areas of Immigration fraud: (1) fake marriages; (2) visa application fraud and (3) unauthorized practice of law concerning Immigration. Immigration fraud is a vast subject and we will return to it in the future. But, for now, this will give us a lot to talk about.
See our website at: www.tauskvega.com
As always, have a safe and fraud-free day.
--------------->>>>>>>>>>>>>>>gene tausk
Tuesday, June 14, 2011
Interludes
Before we get started with the next issue in fraud and white collar crime, I'm going to take a moment to give props to an organization that does an excellent job in fighting fraud and white-collar crime worldwide.
It's called Transparency International. You can check out their website at: http://www.transparency.org/
As the name suggests, this organization prints information about fraud and white collar crime and every year publishes an index of the most corrupt and non-corrupt countries on the planet.
Take a moment to explore their website and we will resume our discussions tomorrow.
As always, have a great and fraud-free day.
www.tauskvega.com
--------------->>>>>>>>>>>>>>>>>>gene tausk
It's called Transparency International. You can check out their website at: http://www.transparency.org/
As the name suggests, this organization prints information about fraud and white collar crime and every year publishes an index of the most corrupt and non-corrupt countries on the planet.
Take a moment to explore their website and we will resume our discussions tomorrow.
As always, have a great and fraud-free day.
www.tauskvega.com
--------------->>>>>>>>>>>>>>>>>>gene tausk
Sunday, June 12, 2011
419 is the loneliest number - conclusion
Sorry - took the day off yesterday. Let's conclude our discussion of the 419 scam.
As I stated the other day, the entire goal of the scam is to continue to get money from the mark. There is no "Big Payoff." The mark will never receive any money. The entire point is for the mark to continue to send money to the scammers. There will always be some excuse as to why more money is needed.
At some point, the mark may have enough and quit the entire scam. He may have lost hundreds of dollars, possibly thousands, but at least he emerged perhaps the wiser. But, the scammer still made money from him.
Remember - the entire goal of the scammer is to delude the target into thinking that he is being drawn into a lucrative venture. The mark must believe in the potential success of the deal in order to look past the constant barrage for money and monetary demands. The "hook" must be constantly replenished.
Not all 419 scams end, however, with the person simply losing money. Sometimes the mark becomes so psychologically bound to the entire scam that he continues to give money and more money. Sometimes, the mark becomes so involved that the scammers know that they can continue to get more and more money from the mark.
And, this is where it gets dangerous. But, that is a story for another time. We will revisit the 419 scam again in the future.
In the meantime, the best way to protect yourself from a 419 scam is to NEVER trust any offer over email without first verifying it with a qualified person, such as a Fraud Examiner. At the very least, get a second opinion from a trusted friend of family member. And, if the email says to "keep it secret," well, this is all you really need to know.
If something seems to good to be true, it usually is.
As always, feel free to examine our website: www.tauskvega.com
Have a great and fraud-free day.
------------------->>>>>>>>>>>>>>>>>>>gene tausk
Friday, June 10, 2011
419 is the loneliest number IV
OK - the mark has taken the bait and the fraud continues.
After the first payment is made, the scammer will come up with no end of excuses as to why future payments should be made. There are more "processing fees." Certain officials need "payments" to ensure that The Big Payoff is made. There is another civil war or violent unrest in the country which is causing delays and money is needed to smooth things over. There are "transfer fees." Sometimes the scammers will even invoke personal matters, saying that somone's mother or child is sick and fees are needed for a hospital so that The Big Payoff can go through without the scammer having to worry about personal issues.
As I said in the last post, the inventiveness of these scammers is unbelievable when it comes to finding ways to make people feel sympathetic towards them.
Of course, there is no "Big Payoff."
The whole point of a 419 scam is that the victim constantly faces the prospect of either losing his initial payments or paying even more fees, hoping for The Big Payoff. In this way, thousands of dollars are swindled.
The scammers swear that each fee is the last, but oversights, errors, complications or temporary difficulties, as listed above, demand additional payments which lead to further delays.
THE COLLECTION OF THESE ADVANCE FEES IS THE REAL OBJECTIVE OF THE SCAM.
The scammers are not blind to the psychology of the situation either. Once the mark becomes hooked, the mark becomes blind to the prospect that the entire process is a scam. The mark becomes invested, psychologically as well as financially, in the deal. Denial prevents people from realizing they are being scammed until the whole house of cards collapses.
We'll wrap up our discussion on 419 scams tomorrow and then talk about how these scams can be avoided.
As always, the Firm of Tausk & Vega stands ready to assist you with all fraud and white collar crime questions.
www.tauskvega.com
Have a great and fraud-free day.
----------------->>>>>>>>>>>>>>gene tausk
After the first payment is made, the scammer will come up with no end of excuses as to why future payments should be made. There are more "processing fees." Certain officials need "payments" to ensure that The Big Payoff is made. There is another civil war or violent unrest in the country which is causing delays and money is needed to smooth things over. There are "transfer fees." Sometimes the scammers will even invoke personal matters, saying that somone's mother or child is sick and fees are needed for a hospital so that The Big Payoff can go through without the scammer having to worry about personal issues.
As I said in the last post, the inventiveness of these scammers is unbelievable when it comes to finding ways to make people feel sympathetic towards them.
Of course, there is no "Big Payoff."
The whole point of a 419 scam is that the victim constantly faces the prospect of either losing his initial payments or paying even more fees, hoping for The Big Payoff. In this way, thousands of dollars are swindled.
The scammers swear that each fee is the last, but oversights, errors, complications or temporary difficulties, as listed above, demand additional payments which lead to further delays.
THE COLLECTION OF THESE ADVANCE FEES IS THE REAL OBJECTIVE OF THE SCAM.
The scammers are not blind to the psychology of the situation either. Once the mark becomes hooked, the mark becomes blind to the prospect that the entire process is a scam. The mark becomes invested, psychologically as well as financially, in the deal. Denial prevents people from realizing they are being scammed until the whole house of cards collapses.
We'll wrap up our discussion on 419 scams tomorrow and then talk about how these scams can be avoided.
As always, the Firm of Tausk & Vega stands ready to assist you with all fraud and white collar crime questions.
www.tauskvega.com
Have a great and fraud-free day.
----------------->>>>>>>>>>>>>>gene tausk
Thursday, June 9, 2011
419 is the loneliest number III
OK - so now the mark has taken the bait. The mark paid the first fee, whether it was labeled a "transfer tax," "performance bond," whatever. The key is that the scammer knows that the mark is now on the hook and complied with the demand of the scammer.
Most of us know where this is going next. If the mark pays the first fee, the scammer will come up with even more complications that will require more money. The complications, which require the sending of more money, will continue until the mark quits, runs out of money, or in extreme cases, is actually killed.
This is, of course, how the scammers make their money. The scammers will continue to send letters or emails to the mark demanding more money for some complication or new transaction that must be paid before the "big payoff" can continue.
Most of the time, the first fee that is requested by the scammers is relatively small - a few thousand dollars. The scammer relates to the mark that the deal has hit some sort of snag - some person or organization is holding up the transfer and these funds are needed to smooth things over. The key element for which the scammer is looking is to see if the promise of the big payoff in the end (usually tens of millions of dollars) is enough to convince the mark that he should be liable for the "paltry" sum of a few thousand dollars. Usually, with this kind of money dangling out in front of the mark, the money requested does not seem unreasonable and the scam can proceed.
However, there are instances where the scammer will ask for enormous amounts of money because of a serious snag in the process - such as "government lawyers" wanting a percentage of the money, say $200,000.00. Of course, most marks would balk at turning over this much money. The scammer then goes on to say (in a series of emails) that he has negotiated the price down and down and now the fee is lower (i.e. goes from $200,000 to $25,000.00). This is, of course, a test to see how much the mark can absorb.
As can be seen, the inventiveness of these scammers is incredible. Further, these scammers have an innate knowledge of human psychology. They know that in these scams, the mark constantly faces the prospect of losing his initial payments or paying even more fees, hoping for the big payoff.
We will, of course, continue this tommorrow.
Sometimes, the victims of these scams will take revenge their own way. This is an old new story, but worth reading: http://www.wired.com/culture/lifestyle/news/2003/02/57760
As always, the Firm of Tausk & Vega stands ready to assist with any fraud-related or white-collar crime matter. www.tauskvega.com
Have a great and fraud-free day.
---------------->>>>>>>>>>>>>>>>>>gene tausk
Most of us know where this is going next. If the mark pays the first fee, the scammer will come up with even more complications that will require more money. The complications, which require the sending of more money, will continue until the mark quits, runs out of money, or in extreme cases, is actually killed.
This is, of course, how the scammers make their money. The scammers will continue to send letters or emails to the mark demanding more money for some complication or new transaction that must be paid before the "big payoff" can continue.
Most of the time, the first fee that is requested by the scammers is relatively small - a few thousand dollars. The scammer relates to the mark that the deal has hit some sort of snag - some person or organization is holding up the transfer and these funds are needed to smooth things over. The key element for which the scammer is looking is to see if the promise of the big payoff in the end (usually tens of millions of dollars) is enough to convince the mark that he should be liable for the "paltry" sum of a few thousand dollars. Usually, with this kind of money dangling out in front of the mark, the money requested does not seem unreasonable and the scam can proceed.
However, there are instances where the scammer will ask for enormous amounts of money because of a serious snag in the process - such as "government lawyers" wanting a percentage of the money, say $200,000.00. Of course, most marks would balk at turning over this much money. The scammer then goes on to say (in a series of emails) that he has negotiated the price down and down and now the fee is lower (i.e. goes from $200,000 to $25,000.00). This is, of course, a test to see how much the mark can absorb.
As can be seen, the inventiveness of these scammers is incredible. Further, these scammers have an innate knowledge of human psychology. They know that in these scams, the mark constantly faces the prospect of losing his initial payments or paying even more fees, hoping for the big payoff.
We will, of course, continue this tommorrow.
Sometimes, the victims of these scams will take revenge their own way. This is an old new story, but worth reading: http://www.wired.com/culture/lifestyle/news/2003/02/57760
As always, the Firm of Tausk & Vega stands ready to assist with any fraud-related or white-collar crime matter. www.tauskvega.com
Have a great and fraud-free day.
---------------->>>>>>>>>>>>>>>>>>gene tausk
Wednesday, June 8, 2011
419 is the loneliest number pt. 2
So, let's continue our examination of how a 419 scam proceeds.
After the mark answers the email, the mark will then receive an email answer. The answer will be full of "thank you" and other forms of flattery. Other emails will follow with details of the transfer, what needs to be done, the estimated time for the transfer, how things will proceed, etc.
Keep in mind, as all this is going on, the emails will also usually contain information about the turmoil in the host country (i.e. Nigeria). The mark will receive emails about how the person is under investigation or there is the possibility of a civil war or some other tragedy or disaster. The reason for this is that the scammers want the mark to feel that the person doing this transfer is placing his life at risk so the mark feels some sense of urgency and some feeling that the scammer is doing the mark a favor.
Also, at this stage, the mark will receive numerous documents with official looking stamps, seals, or logos which testifies to the authenticity of the alleged transfer to that the mark is given a sense of security.
The next step, for the scammer, is the most important part. Part four of the scam (after the "thank-you" emails) is that the mark will now receive a request for an an advance fee. This fee may be called by many names: a transfer tax, a performance bond, a bribe (although this is not as common), a refund, an "good faith" fee. This is the critical stage of the scam for the scammer. If the mark will pay this advance fee, the rest of the scam is in place.
Keep in mind - this is how the scammers make their money. They have to convince the mark that fees are required. These fees are usually sent via Western Union or some other money transfer device. However, it is also not uncommon for the scammers to ask for bank account numbers, credit or debit card numbers or some other source of identification.
If the mark sends the money, the rest of the scam can proceed. The scammer now has not only successfully baited the mark, the mark has swallowed the bait and it is time to move forward.
We will continue with an analysis of the next step of the 419 scam in the next post.
As always, have a great and fraud free day.
--------------->>>>>>>>>>>>>>>gene tausk
After the mark answers the email, the mark will then receive an email answer. The answer will be full of "thank you" and other forms of flattery. Other emails will follow with details of the transfer, what needs to be done, the estimated time for the transfer, how things will proceed, etc.
Keep in mind, as all this is going on, the emails will also usually contain information about the turmoil in the host country (i.e. Nigeria). The mark will receive emails about how the person is under investigation or there is the possibility of a civil war or some other tragedy or disaster. The reason for this is that the scammers want the mark to feel that the person doing this transfer is placing his life at risk so the mark feels some sense of urgency and some feeling that the scammer is doing the mark a favor.
Also, at this stage, the mark will receive numerous documents with official looking stamps, seals, or logos which testifies to the authenticity of the alleged transfer to that the mark is given a sense of security.
The next step, for the scammer, is the most important part. Part four of the scam (after the "thank-you" emails) is that the mark will now receive a request for an an advance fee. This fee may be called by many names: a transfer tax, a performance bond, a bribe (although this is not as common), a refund, an "good faith" fee. This is the critical stage of the scam for the scammer. If the mark will pay this advance fee, the rest of the scam is in place.
Keep in mind - this is how the scammers make their money. They have to convince the mark that fees are required. These fees are usually sent via Western Union or some other money transfer device. However, it is also not uncommon for the scammers to ask for bank account numbers, credit or debit card numbers or some other source of identification.
If the mark sends the money, the rest of the scam can proceed. The scammer now has not only successfully baited the mark, the mark has swallowed the bait and it is time to move forward.
We will continue with an analysis of the next step of the 419 scam in the next post.
As always, have a great and fraud free day.
--------------->>>>>>>>>>>>>>>gene tausk
Monday, June 6, 2011
419 is the loneliest number
I probably will not have time to update my blog tomorrow (6-7-2011), so I thought I would do it tonight.
Also - a correction to the previous day's blog - I meant to say at one point Enron was the 7th largest company in America, not in the world.
Anyway, let's put Enron aside for a while. Don't worry - we'll get back to it. It's too tempting a target.
Well, let's get to the inevitable. It's impossible to talk about fraud without speaking about the infamous, ever famous "Nigerian" scam. You know about what I am speaking. If you have not received some variation of this email, you will at some point in your life:
"Dear Sir: having consulted with my colleagues in the Nigerian Oil Industry, I have the privilege to request your assistance to transfer the sum of $50,000,000.00 (FIFTY MILLION DOLLARS) into your account. We are ready to transfer these funds. But, we need your help. In return for your assistance, we will split this as follows: 75% for us, 5% for processing fees, 20% for you."
This is, of course, an abbreviated version of an email that normally takes up several pages with various platitudes and highfalutin' language graciously thanking the recipient for their time, telling them how they will be made rich, etc., etc. Like I said, if you have not received such an email yet, consider yourself very lucky (or you don't check your email all that often)
These fraud schemes are known in popular terms as "Nigerian" frauds, although the more correct term is "419" frauds, since this is the section of the Nigerian penal code that addresses fraud schemes.
How do these frauds work? Let's examine it, step by step.
The first step, of course, is that a person receives the email.
The second step, is that the person, or I guess the "mark" ANSWERS the email. And so begins a chain of events that will end with the mark losing a lot of money. Let's stop here for now, and we will move onto part 3 of the scam on the next post.
Here is also a rundown of the scam from the Snopes website: http://www.snopes.com/fraud/advancefee/nigeria.asp
We will examine this more in detail on the next post.
In the meantime, as always, have a great and fraud-free day.
--------------->>>>>>>>>>>>>>>>gene tausk
Also - a correction to the previous day's blog - I meant to say at one point Enron was the 7th largest company in America, not in the world.
Anyway, let's put Enron aside for a while. Don't worry - we'll get back to it. It's too tempting a target.
Well, let's get to the inevitable. It's impossible to talk about fraud without speaking about the infamous, ever famous "Nigerian" scam. You know about what I am speaking. If you have not received some variation of this email, you will at some point in your life:
"Dear Sir: having consulted with my colleagues in the Nigerian Oil Industry, I have the privilege to request your assistance to transfer the sum of $50,000,000.00 (FIFTY MILLION DOLLARS) into your account. We are ready to transfer these funds. But, we need your help. In return for your assistance, we will split this as follows: 75% for us, 5% for processing fees, 20% for you."
This is, of course, an abbreviated version of an email that normally takes up several pages with various platitudes and highfalutin' language graciously thanking the recipient for their time, telling them how they will be made rich, etc., etc. Like I said, if you have not received such an email yet, consider yourself very lucky (or you don't check your email all that often)
These fraud schemes are known in popular terms as "Nigerian" frauds, although the more correct term is "419" frauds, since this is the section of the Nigerian penal code that addresses fraud schemes.
How do these frauds work? Let's examine it, step by step.
The first step, of course, is that a person receives the email.
The second step, is that the person, or I guess the "mark" ANSWERS the email. And so begins a chain of events that will end with the mark losing a lot of money. Let's stop here for now, and we will move onto part 3 of the scam on the next post.
Here is also a rundown of the scam from the Snopes website: http://www.snopes.com/fraud/advancefee/nigeria.asp
We will examine this more in detail on the next post.
In the meantime, as always, have a great and fraud-free day.
--------------->>>>>>>>>>>>>>>>gene tausk
Examination of Fraud pt. III
OK - getting back to ENRON again - how and why did the investors in ENRON suddenly get "spooked?" Why did they suddenly decide that there was something wrong with ENRON that would lead to them beginning to question the company? After all, ENRON was doing incredibly well (at one point, it was the 7th largest company in the world and ranked as the most innovative company by Forbes magazine).
ENRON always had its detractors. Some investment advisors refused to do business with ENRON because they did not know how ENRON made its money.
Once again, from Wikipedia: On March 5 (2001) , Bethany McLean's Fortune article Is Enron Overpriced? questioned how Enron could maintain its high stock value, which was trading at 55 times its earnings. She pointed out how analysts and investors did not know exactly how Enron was earning its income. McLean was first drawn to the company's situation after an analyst suggested she view the company's 10-K report, where she found "strange transactions", "erratic cash flow", and "huge debt." She called Skilling to discuss her findings prior to publishing the article, but he brushed her off, calling her "unethical" for not properly researching the company.
This, of course, in hindsight is the first clue. When one of the most senior ranking people in the company starts to have an adversarial relationship with the press, especially when the reporter is asking a very reasonable question, something is definitely up.
But, it gets more interesting.
Once again, from Wikipedia: In a conference call on April 17, 2001, now-Chief Executive Officer (CEO) Skilling verbally attacked Wall Street analyst Richard Grubman, who questioned Enron's unusual accounting practice during a recorded conference call. When Grubman complained that Enron was the only company that could not release a balance sheet along with its earnings statements, Skilling replied "Well, thank you very much, we appreciate that ... asshole."
This, of course, became the start of a series of events that would lead to the loss of investor trust in ENRON. And, when this begins to happen, the company better start explaining what it is doing or have some plan to restore trust in the company.
We're going to put ENRON on the back burner for now and talk about other things. We'll get back to it later.
Here is some reading for today about Medicare fraud: http://www.lasvegassun.com/news/2011/may/18/judge-sentences-woman-medicaid-fraud/
As always, have a great and fraud-free day.
ENRON always had its detractors. Some investment advisors refused to do business with ENRON because they did not know how ENRON made its money.
Once again, from Wikipedia: On March 5 (2001) , Bethany McLean's Fortune article Is Enron Overpriced? questioned how Enron could maintain its high stock value, which was trading at 55 times its earnings. She pointed out how analysts and investors did not know exactly how Enron was earning its income. McLean was first drawn to the company's situation after an analyst suggested she view the company's 10-K report, where she found "strange transactions", "erratic cash flow", and "huge debt." She called Skilling to discuss her findings prior to publishing the article, but he brushed her off, calling her "unethical" for not properly researching the company.
This, of course, in hindsight is the first clue. When one of the most senior ranking people in the company starts to have an adversarial relationship with the press, especially when the reporter is asking a very reasonable question, something is definitely up.
But, it gets more interesting.
Once again, from Wikipedia: In a conference call on April 17, 2001, now-Chief Executive Officer (CEO) Skilling verbally attacked Wall Street analyst Richard Grubman, who questioned Enron's unusual accounting practice during a recorded conference call. When Grubman complained that Enron was the only company that could not release a balance sheet along with its earnings statements, Skilling replied "Well, thank you very much, we appreciate that ... asshole."
This, of course, became the start of a series of events that would lead to the loss of investor trust in ENRON. And, when this begins to happen, the company better start explaining what it is doing or have some plan to restore trust in the company.
We're going to put ENRON on the back burner for now and talk about other things. We'll get back to it later.
Here is some reading for today about Medicare fraud: http://www.lasvegassun.com/news/2011/may/18/judge-sentences-woman-medicaid-fraud/
As always, have a great and fraud-free day.
Sunday, June 5, 2011
Examination of Fraud pt. II
We were looking at the whole ENRON matter from the viewpoint of Skilling and Lay the last time we discussed things. Now, ENRON is sort of a "code word" in contemporary society for fraud in general, so I could spend the rest of my life just writing about this one subject and still not run out of things to say. But, fraud and white-collar crime in general is so much more than ENRON, at some point we would have to move on.
Getting back to Skilling and Lay - they claimed that they were themselves the victims of a "run on the bank" and they were caught by surprise as much as anyone else about the whole thing. A run on the bank, a holdover term from the Depression (if not earlier), means that suddenly investors take their money from the bank in great numbers and soon the number of withdrawals exceeds the number of deposits and credits with the bank. This usually happens when the bank is viewed by all parties as a bad investment or unsafe depository and people lose confidence in the bank, or other financial institution. During the Great Depression, it was not uncommon for banks to suddenly become insolvent this way.
Usually, an event or some other news item occurs before a run on the bank happens. In other words, there has to be a triggering event before a bank is viewed as a bad place to store money (or invest). Was there such a triggering event for ENRON? Again, Wikipedia:
By the end of August 2001, his company's stock still falling, Lay named Greg Whalley, president and COO of Enron Wholesale Services and Mark Frevert, to positions in the chairman's office. Some observers suggested that Enron's investors were in significant need of reassurance, not only because the company's business was difficult to understand (even "indecipherable") but also because it was difficult to properly describe the company in financial statements. One analyst stated "it's really hard for analysts to determine where [Enron] are making money in a given quarter and where they are losing money." Lay accepted that Enron's business was very complex, but asserted that analysts would "never get all the information they want" to satisfy their curiosity. He also explained that the complexity of the business was due largely to tax strategies and position-hedging.Lay's efforts seemed to meet with limited success; by September 9, one prominent hedge fund manager noted that "[Enron] stock is trading under a cloud." The sudden departure of Skilling combined with the opacity of Enron's accounting books made proper assessment difficult for Wall Street. In addition, the company admitted to repeatedly using "related-party transactions," which some feared could be too-easily used to transfer losses that might otherwise appear on Enron's own balance sheet. A particularly troubling aspect of this technique was that several of the "related-party" entities had been or were being controlled by CFO Fastow.
Now, this "run on the bank defense" would seem to have some triggering point, so perhaps Lay and Skilling had some merit to their argument (although, as seen from the outcome at trial, the jury certainly did not buy it). But, notice the wording in the article - the triggering event appears to have been that the investors suddenly, or not so suddenly, realized that they did not know how ENRON was making its money. Lay did nothing to dispel this by saying the "business...was due largely to tax strategies and position hedging." This obviously does nothing to reassure investors.
Why did the investors become concerned about ENRON's complexity? That, of course, is another story and another post.
As always, have a safe and fraud-free day.
Getting back to Skilling and Lay - they claimed that they were themselves the victims of a "run on the bank" and they were caught by surprise as much as anyone else about the whole thing. A run on the bank, a holdover term from the Depression (if not earlier), means that suddenly investors take their money from the bank in great numbers and soon the number of withdrawals exceeds the number of deposits and credits with the bank. This usually happens when the bank is viewed by all parties as a bad investment or unsafe depository and people lose confidence in the bank, or other financial institution. During the Great Depression, it was not uncommon for banks to suddenly become insolvent this way.
Usually, an event or some other news item occurs before a run on the bank happens. In other words, there has to be a triggering event before a bank is viewed as a bad place to store money (or invest). Was there such a triggering event for ENRON? Again, Wikipedia:
By the end of August 2001, his company's stock still falling, Lay named Greg Whalley, president and COO of Enron Wholesale Services and Mark Frevert, to positions in the chairman's office. Some observers suggested that Enron's investors were in significant need of reassurance, not only because the company's business was difficult to understand (even "indecipherable") but also because it was difficult to properly describe the company in financial statements. One analyst stated "it's really hard for analysts to determine where [Enron] are making money in a given quarter and where they are losing money." Lay accepted that Enron's business was very complex, but asserted that analysts would "never get all the information they want" to satisfy their curiosity. He also explained that the complexity of the business was due largely to tax strategies and position-hedging.Lay's efforts seemed to meet with limited success; by September 9, one prominent hedge fund manager noted that "[Enron] stock is trading under a cloud." The sudden departure of Skilling combined with the opacity of Enron's accounting books made proper assessment difficult for Wall Street. In addition, the company admitted to repeatedly using "related-party transactions," which some feared could be too-easily used to transfer losses that might otherwise appear on Enron's own balance sheet. A particularly troubling aspect of this technique was that several of the "related-party" entities had been or were being controlled by CFO Fastow.
Now, this "run on the bank defense" would seem to have some triggering point, so perhaps Lay and Skilling had some merit to their argument (although, as seen from the outcome at trial, the jury certainly did not buy it). But, notice the wording in the article - the triggering event appears to have been that the investors suddenly, or not so suddenly, realized that they did not know how ENRON was making its money. Lay did nothing to dispel this by saying the "business...was due largely to tax strategies and position hedging." This obviously does nothing to reassure investors.
Why did the investors become concerned about ENRON's complexity? That, of course, is another story and another post.
As always, have a safe and fraud-free day.
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