Sunday, March 31, 2013

Bank fraud scam in the Southern District

Bank fraud scam in the Southern District of Texas involving a bank officer!

http://www.justice.gov/usao/txs/1News/Releases/2013%20March/130328%20-%20Nelson.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Saturday, March 30, 2013

Debt Relief scam in the Southern District

Debt relief scam in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2013%20March/130328%20-%20Williams.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Friday, March 29, 2013

Telemarketing Fraud IX

OK - we have only touched the surface of telemarketing fraud (I know), but these series of posts, along with the FBI overview, is just intended to give an overview of telemarketing fraud. 

    Before we go off this subject, just a quick overview of the "second string" fraud.  This type of fraud goes by many names and "second string" is only one of these names. This type of fraud occurs AFTER a person has already been defrauded.  The telemarketer (or any other type of fraudster - it is not limited to telemarketers), will then call the victim AGAIN and tell them that they are part of a special "undercover" unit with the FBI or some other law-enforcement entity. 

     Then, the fraudster will collect either the same credit card or personal information or different information to collect even more money from a victim.

     It obviously goes without saying that unless the so-called "FBI agent" can properly identify himself, such personal information should never be given.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Wednesday, March 27, 2013

Telemarketing Fraud VIII

Continuing our discussion on telemarketing fraud:

     It also goes without saying that if someone is asking you to give your social security number, credit card information or other personal information over the phone on a first-time sales call, you should be extremely wary and cautious.  And, once again it goes without saying, you should not do it.

     Giving out such personal information on a first-time sales call is very dangerous.  It is one thing to give out such information to a recognized and respected vendor even if it is over the internet (such as amazon.com), but it is another matter entirely to give out such information to an unfamiliar party.

     Therefore, if a telemarketer is asking for your personal information and you are not familiar or do not recognize the vendor, it should be obvious that such information should not be released.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Tuesday, March 26, 2013

Telemarketing Fraud VII

OK - moving onto another aspect of telemarketing fraud which is linked in the FBI article - when the telemarketer does not want the mark to speak with a third person, such as another family member, an attorney, a CPA, a fraud expert, etc.

     This, of course, should be a dead giveaway.  It goes without saying that a fraudster does not want to give his mark the opportunity to speak with a third person about the "offer" that is being made.  The reasons are obvious - the third person may be able to see right through the telemarketer's pitch and inform the mark as to what is going on.  At the very least, the third person might be able to give the mark information to see the "offer" from a different angle, which may be all the mark needs to refuse the "offer."

     Any "offer," therefore, should give a person the time and opportunity to have it reviewed by a third person. Failure to allow such an opportunity is a giant warning label.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Sunday, March 24, 2013

Telemarketing Fraud VI

OK - continuing our discussions from yesterday.

     Why is it so important for a fraudster telemarketer to get you to agree to have a person appear at your door to sign for something?

     As we discussed yesterday, people are hesitant to give out personal information, such as credit card information, over the phone (with good reason).  Any experienced con artist will tell you that it is critical to make the personal connection with a mark to get the sale through.  Therefore, if a telemarketing scam will involve something to gain your trust, it will be in the fraudster's best interests to have someone appear in person to get a person to sign off on something.

     Therefore, if you are being asked over the phone to allow someone to appear in your house to get your personal informatio, be very careful.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

Have a great and fraud-free day.

 


 

----------à>>>>>>>>>>>>>>>gene tausk

 

Saturday, March 23, 2013

Telemarketing Fraud V

OK - another aspect of telemarketing fraud that is being used with greater frequency.

     One aspect of telemarketing fraud involves a type of lottery fraud (this type of fraud will be discussed further in another post in the future).  Telemarketers that are engaged in a certain type of fraud will inform the mark that a prize will be delivered to his house.  However, the key is that something will be delivered to the mark's house asking for information

    Many telemarketer fraudsters are aware that people are hesitant about giving personal or financial information over the phone.  They also know that it is easier to get this information in person because of the direct connection that is established from face-to-face contact.  Therefore, if the purpose of the telemarketing call appears to be to get your permission to allow someone to visit your house, you should be suspect.

    We will continue this conversation in the future.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Thursday, March 21, 2013

Telemarketing Fraud IV

OK - back to the discussion.  There is no easy or direct way to tell if a telemarketer is part of a fraud or legitimate.

     One basic factor that is necessary to most fraud, however, is that a fraudster will usuall ask for a quick resolution.  The fraudster wants an answer NOW.  The reason, of course, if obvious.  If the mark has time to consider the situation, he may get outside advice, he may change his mind, he may review the situation on the internet, etc.  The faster a deal is "closed," the better the chances of the fraudster winning.

     Therefore with a telemarketing call, the key here may be to see just how quickly the telemarketer wishes to "close."  If the telemarketer refuses to let you "think about it" or constantly applies pressure, there is a question of just how sincere is the offer.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk


 

Wednesday, March 20, 2013

Telemarketing Fraud III

OK - let's continue with our discussion regarding telemarketing fraud.  As stated in the last post, the important fact to remember about telemarketers is that they are attempting to get you (the recipient of the phone call) to divulge something over the phone, even if it is a simple "yes" to a sales pitch.

     First of all, let's make it clear from the outset that the vast majority of telemarketers are simply people that are working for a living with reputatable companies and are not "out to get" anyone.  But, like any venture, fraudsters are always there to take advantage of the gaps in the system.

     So - when you get a telemarketing call the first question that should always be asked is "what are they trying to get me to do?"  Before the industry was hit with the "no call" laws, most of the time it was a simple answer - the telemarketer is trying to get you to buy something over the phone.  And, there is the problem - the idea of "buying" something over the phone usually means giving out your credit card information.

     It should go without saying that giving out your credit card information to a complete stranger on the other end of the phone line is usually a very, very bad idea.  Obviously, once armed with your credit card information, this stranger now has the power to make purchases with your card. 

   So what can be done about this?


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Monday, March 18, 2013

Telemarketing Fraud II

  Telemarketing is, at its core, very simple: selling a product or service over the phone.  Sometimes telemarketers will be given lists of people to call who have already been contacted and are interested in receiving a phone call; sometimes telemarketers will simply be given lists of people to call without any prior invitation (known as "cold calling").  In either case, the idea is to sell to someone over the phone (which is technically more difficult than selling something person-to-person). 

 Telemarketers used to be a lot more common in the United States then they are at the present.  Various new laws which have gone into effect over the last few years have allowed people to be placed on "no call" lists which prevents them from receiving phone calls from telemarketers who sell products.  However, certain organizations such as charity groups are often exempt from such restrictions which means that their is still a probability that a person will receive a telemarketing call now or in the future.

     Like many other types of industries, however, telemarketing is rife with fraudsters and fraud schemes.  One of the biggest issues with telemarketing is that the entire essence of the phone call is designed to elicit information from the contact.  This means that, for a successful telemarketing call, the contact must give over some information, whether it is a credit card number, name, date of birth of even an affirmative "yes" statement.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk


     

Sunday, March 17, 2013

Telemarketing Fraud

This was posted the other day (with other Fraud information) from the FBI, but it bears repeating and since we will be discussing telemarketing fraud in the upcoming week, it is a good idea to review it:

Telemarketing Fraud

When you send money to people you do not know personally or give personal or financial information to unknown callers, you increase your chances of becoming a victim of telemarketing fraud.

Here are some warning signs of telemarketing fraud—what a caller may tell you:

  • “You must act ‘now’ or the offer won’t be good.”
  • “You’ve won a ‘free’ gift, vacation, or prize.” But you have to pay for “postage and handling” or other charges.
  • “You must send money, give a credit card or bank account number, or have a check picked up by courier.” You may hear this before you have had a chance to consider the offer carefully.
  • “You don’t need to check out the company with anyone.” The callers say you do not need to speak to anyone including your family, lawyer, accountant, local Better Business Bureau, or consumer protection agency.
  • “You don’t need any written information about their company or their references.”
  • “You can’t afford to miss this ‘high-profit, no-risk’ offer.”

If you hear these or similar “lines” from a telephone salesperson, just say “no thank you” and hang up the telephone.

Tips for Avoiding Telemarketing Fraud:

It’s very difficult to get your money back if you’ve been cheated over the telephone. Before you buy anything by telephone, remember:

  • Don’t buy from an unfamiliar company. Legitimate businesses understand that you want more information about their company and are happy to comply.
  • Always ask for and wait until you receive written material about any offer or charity. If you get brochures about costly investments, ask someone whose financial advice you trust to review them. But, unfortunately, beware—not everything written down is true.
  • Always check out unfamiliar companies with your local consumer protection agency, Better Business Bureau, state attorney general, the National Fraud Information Center, or other watchdog groups. Unfortunately, not all bad businesses can be identified through these organizations.
  • Obtain a salesperson’s name, business identity, telephone number, street address, mailing address, and business license number before you transact business. Some con artists give out false names, telephone numbers, addresses, and business license numbers. Verify the accuracy of these items.
  • Before you give money to a charity or make an investment, find out what percentage of the money is paid in commissions and what percentage actually goes to the charity or investment.
  • Before you send money, ask yourself a simple question. “What guarantee do I really have that this solicitor will use my money in the manner we agreed upon?”
  • Don’t pay in advance for services. Pay services only after they are delivered.
  • Be wary of companies that want to send a messenger to your home to pick up money, claiming it is part of their service to you. In reality, they are taking your money without leaving any trace of who they are or where they can be reached.
  • Always take your time making a decision. Legitimate companies won’t pressure you to make a snap decision.
  • Don’t pay for a “free prize.” If a caller tells you the payment is for taxes, he or she is violating federal law.
  • Before you receive your next sales pitch, decide what your limits are—the kinds of financial information you will and won’t give out on the telephone.
  • Be sure to talk over big investments offered by telephone salespeople with a trusted friend, family member, or financial advisor. It’s never rude to wait and think about an offer.
  • Never respond to an offer you don’t understand thoroughly.
  • Never send money or give out personal information such as credit card numbers and expiration dates, bank account numbers, dates of birth, or social security numbers to unfamiliar companies or unknown persons.
  • Be aware that your personal information is often brokered to telemarketers through third parties.
  • If you have been victimized once, be wary of persons who call offering to help you recover your losses for a fee paid in advance.
  • If you have information about a fraud, report it to state, local, or federal law enforcement agencies.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Friday, March 15, 2013

Good Fraud Overview

Good overview of fraud from the FBI

http://www.fbi.gov/scams-safety/fraud

We will discuss this in more detail in upcoming posts.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Wednesday, March 13, 2013

Hungarian Nationals Sentenced for Fraud

Hungarian Nationals residing in the U.S. sentenced for fraud.

http://www.justice.gov/opa/pr/2013/March/13-crm-293.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Monday, March 11, 2013

Fraud with the Jeffries Group

A story somehow I missed from January of this year.

http://dealbook.nytimes.com/2013/01/28/ex-trader-for-jefferies-is-charged-with-fraud/


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Sunday, March 10, 2013

Smuggling in the Eastern District

Customs violations in the Eastern District of Texas.  Not so much fraud per se, but customs violations do involve false statements.

http://www.justice.gov/usao/txe/News/2013/edtx-wang-021413.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Tuesday, March 5, 2013

Bankruptcy Fraud in the Southern District

Bankruptcy fraud in the Southern District of Texas.

http://www.justice.gov/usao/txs/1News/Releases/2013%20February/130225%20-%20Giventer.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Monday, March 4, 2013

Some reporting on the "Jamaican Fraud"

Interesting report by retired newscaster Dan Rather on fraud originating from Jamaica.

http://news.yahoo.com/just-hang-up-191057908.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Sunday, March 3, 2013

Counterfeiting in the Southern District

Counterfeiting and fraud in the Southern District of Texas

http://www.justice.gov/usao/txs/1News/Releases/2013%20February/130228%20-%20Henneberger%20et%20al.html


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Saturday, March 2, 2013

Texas State Sentencing IX

OK - let's wrap up our discussion on sentencing in the State of Texas.  As has been seen, the sentencing system in Texas is far different (and far less certain) than the sentencing for Federal crimes.  Federal crimes will give a very specific range of punishment and unless probation is specifically mentioned in the guidelines (usually by the indication of "0-6 months" with the 0 meaning probation), probation will not even be a factor.

     By comparison, the Texas State system is far less precise.  First, for a crime which involves theft or fraud, the amount of money stolen or defrauded must be computed.  Once this is determined, then the level of the crime can be found (misdemeanor, felony, etc.).  Once this occurs, then the sentencing range can be determined.  This sentencing range, however, is very broad and, in addition, does not even account for probation which can be given in many circumstances. 

     The Federal system, therefore, although much more severe in terms of punishment, is also more precise in the terms of punishment.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk

Friday, March 1, 2013

Texas State Sentencing VIII

OK - we saw that the punishment for a 3rd degree felony (in this case, insurance fraud) carries a punishment range of 2-10 years.  What are some of the factors that are included in determining a sentence when the range of punishment is so vast?

   Some of the factors include:

1.  Will the judge or jury be electing punishment?  This is a judgment call by the attorney.  Sometimes it is better to take sentencing to the jury, sometimes to the judge;
2.  Does the defendant have any criminal history and, if so, to what extent?
3.  Are there any witnesses that can testify for the defendant regarding character (not always allowed);
4. Is the defendant eligible for probation?

   These are some of the factors that must be considered.  Note the diffrence between these factors and the exactness of the Federal system.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

----------à>>>>>>>>>>>>>>>gene tausk