Breaking down what MN HF0343 will really do for you

I know that a lot of you who read this blog and come to our website do so because you consider yourself the “average consumer” and know you can come to us to get the real information on things, without all of the legal or technical terms that only end up confusing you even more.  Recently I told you about Minnesota Bill HF0343, but let's look at it even closer.

Yes, you can do a search for Minnesota Bill HF0343 and find the online information, which allows you to read the bill text as it was introduced. Let me save you the time of searching . . . just click here and here for the State's information on this Bill.  Unless you have a background in law, you might read this and say “So what does that really mean, for me?”

In 2007 the MN Department of Alcohol and Gambling started a website called http://www.mnscams.org/ Why is the Department of Alcohol and Gambling even interested in scams and fraud? When Minnesotans were becoming victims of Lottery Scams, they began to reach out to the Minnesota Department of Alcohol and Gambling for assistance. In the video below you can watch an in-depth report on the great lengths that Minnesota law enforcement went to in order to track down these scammers.



This Bill would give the Department of Alcohol and Gambling greater power to subpoena and increase the variety of variations of these scams that the Department would have power to then go after.

This Bill will focus in on money transmitters, like Western Union and Money Gram, would have to have a anti fraud program, including a background check of agents and employees. This will raise the bar for these companies, and force them to look at the way that all of their authorized location are operating, and if one of those location are not upholding the rules and standards set forth, the company can be held accountable. If you have read up on scams and fraud, you have heard the stories of the employees working in a variety of businesses that have “turned a blind eye” to the fact that there are fraudulent transactions filtering through their company only to say “there is nothing we can do about it”. Even worse, there are cases when the employee is actually profiting from the scam.

In 2009 the FTC investigated Money Gram on charges that it allowed their system to be used for fraudulent activity. Money Gram ended up paying $18 million to settle.  According to the FTC, Money Gram was aware of the issue and turned a blind eye to the problem. There are many variations of the scams, and while businesses that carry out wire transfers do normally have information about these scams on their websites or on the bottom of their transfer forms, in very small print, these are normally not things that the average customer will see before they become a victim. This Bill will force for more attention to be put on this issue on the defensive side by spotting the warning signs and helping the customer to see them also. Really, it is about good customer service.

The part of this Bill that I am most impressed with is the portion that addresses that the money should go to who you designate on the form, and that they must pick it up where you designate. Now this might sound obvious . . . of course you want the money to go to the person you intended for it to go to, and to where you sent it, but it is not that simple. Right now, if I send money via wire transfer to Joe Schmo in Dallas, Texas and someone else knows the Wire Transfer Number and the Secret Question and Answer, they can pick up that money in any location in the world without having to show valid identification.   The Better Business Bureau pointed out this fact in one of their warnings on this type of scam.

How is this possible?!?!?! Well, here is the reasoning behind this “loophole”. What if my friend Joe Schmo had his wallet stolen, so he did not have any valid identification with him that he could show, and he needed that money to pay his bills. Joe would need a way to “prove” that he knew about the wire transfer and that it was intended for him. If I give him the Wire Transfer Number and tell him what the Secret Question and Answer are, he will now have that information, right? Problem solved. Wrong! Now you have just created a NEW problem. What if someone who is not Joe gets a hold of that information? They too can now go and pick up that wire transfer anywhere in the world, and once the money is picked up the transfer cannot be reversed . . . the money is gone.

The scammers understand this, and they use it to their advantage. They can use a pretend name and tell you that they live within the United States. They can tell you that you are sending the money to someone that is their accountant, client or shipping company . . . whatever fits their story that they have used to bait you into this scam. All of the warning signs of a scam alert you to sending money overseas, but you are just sending money to a shipping company in New York, so what do you have to worry about. This Bill would help to close that loophole and require that your money is only being sent to who you designate and that they are where you designate that they are.

It is sad that the scammers know all of this information better than the average American, but this is why these scams work so well. Besides the truth about how the money transfer businesses work, another point that the scammers seem to be better educated on than the average American is how the check clearing process works.

This is why we at Scam Victims United have been working since 2002 to educate people on scams and fraud, and especially the real way that wire transfers and check clearing works. Education is the key to fighting these scams, and you can sign our petition asking for the creation of Scam Education and Awareness Programs.

http://www.change.org/petitions/create-scam-education-and-awareness-programs

Scam Emails

Here is one where the subject and content of the email says that they are with the Attorney General's Office, but the "from" email address says Western Union Agent . . . and of course the reply to email address is a totally different address.

Subject: OFFICE OF THE ATTORNEY GENERAL ..

From: westunionagent@gmail.com

Reply To:

ericholder1961@yahoo.com.hk

OFFICE OF THE ATTORNEY GENERAL

441 4th Street NW, Suite 1145S

Washington, DC 20001

Attention: Sir,

We have received instruction from the Police Department ,Home land Security and the Federal Bureau of Investigation (FBI) here in the United States of America to prosecute you over allegations of money laundering and terrorist ($10m usd) related activities to which there is over whelming evidence of your involvement.

Note a copy of this email have been forwarded to the UNITED STATE OF AMERICA POLICE/AUTHORITIES and will be ordered for your immediate arrest.

The need for your urgent prosecution arose from your inability to secure the mandatory Clearance Certificate from the Economic And Financial Crimes Commission (EFCC), Nigeria inspite of several opportunities given to you by the Police Department,Home land Security and FBI.

Inview of the indicting report submitted to the Police Department ,Home land Security and FBI by the Economic and Financial Crimes Commission (EFCC), the Police Department ,Home land Security and FBI has recommended for your immediate prosecution.

You have to obtain the required Certificate from EFCC- DIRECTOR, DR. FRANK ALI.

CONTACT HIM ON THIS EMAIL ADDRESS : drfrankali@hotmail.com and the Cost of the Certificate is $170.00 only We are giving you notice of service of writ of summons after seven days of receiving this letter by mail.

If after the seven days and you are not able to obtain the Certificate to clear yourself before the Police Department ,Home land Security and FBI, Legal prosecution will begin immediately.

Justice delayed is justice denied.

Your's faithfully,

Attorney General

Eric Holder

Wire Transfers and scams

So many of the online scams involve the scammer sending a counterfeit cashier’s check or money order, asking the victim to wait for it to “clear” and then wire a portion of the money on to someone. The scammers make up all kinds of stories to make the reason for having to wire money to someone else make sense, and of course since the bank has already told you that the check is “clear” you feel like there is nothing to worry about.

Did you know this . . . when you wire money to someone, even if you write on the documentation that the wire transfer is to be picked up in Detroit, Michigan if the scammer has the test/security question and answer along with the wire transfer information then they can pick up the money at any location in the world . . . like Lagos, Nigeria.

These test or security questions are a feature put in place for emergency situations, when the person picking up the money has lost their photo id, which is normally needed to pick up a wire transfer. But if you give the scammer the test/security question information that is how they bypass the need for a picture id when picking up the money. This happens every day on sites like Craigslist. The scammer will pretend to be within the United States so as to not raise any red flags with the potential victim by mentioning that they are really in Nigeria.

With so many scams using wire transfering services like Western Union and MoneyGram we at Scam Victims United would like to see these companies increase their security by making it mandatory that the money must be picked up in the destination zone. If the documentation filled out by the customer says that the money is going to Detroit, Michigan, then the money should not be able to be picked up outside of the state of Michigan, no matter what information the person picking the money up has. This would help to reduce the number of scams going on because the scammers would then have to tell the victims to wire the money to Nigeria for them to be able to pick it up, and with so many people this would be a red flag because of the information about Nigerian scams.

In addition, wire transfering services could have a Fraud Alert posted in their store locations, and when anyone does fill out a wire transfer form and indicates Nigeria as the destination for the money to be picked up they could point out the Fraud Alert or have the customer sign a secondary document saying that they are aware that there are many internet scams coming out of the country of Nigeria which involve receiving a cashier’s check or money order and then wiring money.

I would like to propose laws that would require wire transfer services to implement and follow such security measures.  Since we cannot go to other countries and arrest the people running these scams we must do as much as we can to provide the correct information to the American public to educate them about these scams. This means that everyone must do their part, including the wire transfering services that the scammers use as a part of their business.

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Money order scams

My good friend, Denise Richardson of Give Me Back My Credit just sent me a link to a story that I think all of you should read.

http://www.mainstreet.com/article/smart-spending/truth-about-money-order-scams

I love that the author starts off by calling this a case of the clueless banks, because this is the way that I have felt for years. When we were hit with our Counterfeit Cashier's Check Scam, which works the same way as the Money Order Scam the author talks about in this story, our bank told us that the cashier's check would be verified as good and clear in 24 hours. When we questioned that answer they assured us that 24 hours was all that it took for it to be "verified".

Back then, I assumed that this meant that someone at the bank actually did something to "verify" that the cashier's check or money order was good. You would think with all of the computer programs out there that they could have a system where you enter the check information and it would tell you if it that check was written on a bad account or if the account had enough funds in it to cover that check . . . and last time I checked, the phone system still worked for the bank to call the issuing bank to "verify" all of this.

So, a week after we deposited the cashier's check that we were sent, we got a call from our bank telling us that it was counterfeit and that we were liable for the entire amount. I asked them how this could be true since they told us that the check was "good", "verified" and that the "funds were available". They informed us that when we signed the check we became liable for the full amount, and that if we wanted to know for sure that it was good we should have called the issuing bank . . . funny . . . that is what I thought THEY were going to do when they said that they were going to "verify" the check!

But it gets better . . . as we were battling the bank and speaking with the Loss Prevention Department my husband asked them "So, how long does it REALLY take for a cashier's check to clear?" After asking her supervisor, the person we were speaking with told us "24 hours", to which we responded, "If that were true, we would not be having this conversation with you right now."

And that is why I agree with the author of this article that the banks are clueless.

Shawn Mosch
Co-Founder of ScamVictimsUnited.com
There is strength in numbers!

Find us on Twitter, Facebook and more through
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http://shopittous.blogspot.com/

Scams and the Holidays

Thanksgiving is just over a week away, and it is time to start thinking about the Holiday Season. We at Scam Victims United usually see an increase in the number of scam victims during this time of year. Many people are looking for a way to make some extra money to pay for the gifts that they want to give to family and friends, so they may sell something they own at an online classified ad site, like Craigslist, or they may look for an extra part-time job. It is because of this need for the extra money to get through the Holidays that some people may let their guard down and become more vulnerable to online scams.

Common online scams include the overpayment scams, in the form of counterfeit cashier's checks and money orders, or work at home job offers such as the Secret Shopper Scam. Let's review the signs of both.

Counterfeit Cashier's check or Money Order Scam
You are selling an item over the Internet - it could be a used car or motorcycle, jewelry or even bred animals. You receive an email offer to purchase your item and the buyer says he'll send a bank cashier's check. The buyer is from Nigeria or "West Africa", but has a business associate in the United States who will send you the cashier's check. Then you are told that for some reason the check was already made out to you for an amount larger than your asking price. The buyer asks you to please deposit the check, wait for it to clear, and then send him the difference -- "but only after the cashier's check clears, of course."

You are skeptical - but, sure enough, the bank cashier's check arrives by Fed Ex, it looks real, your bank accepts the check, and the bank assures you the funds are in fact available. So you wait the time the bank recommends to verify that the check is clear and then you wire the difference to your buyer in Nigeria and prepare to ship your item.

A week later your bank calls: "We're very sorry, but the cashier's check was counterfeit" -- a superb copy, but worthless. Your account is frozen. You must pay the bank back the entire amount of the cashier's check. You may even be considered a fraud suspect yourself.

Secret Shopper Scam
The scammer will either place an ad in a legitimate classified listing, online or in print, or they will collect their victim’s names and email addresses off of resumes posted online. Some of them are even making “copy cat” websites of legitimate Secret Shopper companies to use in their scam to help convince the victim that this is all legitimate. For a listing of legitimate Secret Shopper companies, go to http://www.mysteryshop.org/

The victim will be told that they have been hired as a Secret Shopper and will be sent a cashier’s check or money order to cash and use on their assignments. One of the assignments is to review the service at a Western Union or Money Gram location. They are given a name and address to wire money to, from the check that was sent to them, and told to fill out an evaluation form on the service received and email or fax that back to the company they are working for.

Everything seems fine, and some victims may even complete a few “assignments” before the check is discovered to be counterfeit. On average, it takes about 10 business days for the bank to realize that the check is counterfeit, but we have seen some cases where it has taken over 6 months. Once the bank dose find that the check is counterfeit, they will contact you demanding the return of the money and deduct the full amount of the check from your bank account. This sometimes leaves the victims with negative bank accounts.

For more information on the check clearing process and the banking terms, please read
http://scamvictimsunited.blogspot.com/2009/08/banking-terms-not-as-clear-as-they.html


Shawn Mosch
Co-Founder of ScamVictimsUnited.com
There is strength in numbers!

Find us on Twitter, Facebook and more through
http://www.retaggr.com/page/ShawnMosch

Support Scam Victims United by shopping at
http://shopittous.blogspot.com/

Another story of a scam victim arrested

A while back I told you about a scam victim who was arrested. Stories like these always frustrate me because as a former scam victim I know the hurt and pain that you go through when you find out that you have been scammed, but these victims have that feeling plus more because they now have been arrested. They do not just face the financial recovery process that people like myself went through, but they also have to hire a lawyer to prove that they are the victim in the case and not the criminal. What happened to innocent until proven guilty?

This victim was also responding to a Secret Shopper ad.

Here is the story of this latest scam victim in her own words . . .

I responded with all the requested information the next day. Shortly after I responded to this email I was asked by a local company to come into their office for an interview. I did and became very hopeful that I would get the job. I totally forgot about even responding to the Mystery Shopper email and wasn't really expecting to hear anything from them. I few days later I received 2 Money Gram money orders @ $998.00 each sent to me via Fed Ex overnight mail. No other documents were inside. I couldn't figure out where these came from and was not even thinking about that one email response I sent for the Mystery Shopper position. I had read an email in my AOL inbox a week or two before that I was a part of a class action lawsuit against AOL for some "footer" issue. I assumed these checks may have been a result of the class action suit since I had 2 screen names with AOL. I attempted to call Money Gram and went online and could not get any information regarding the tracking numbers on them. NO ONE EVER EVEN MENTIONED POSSIBLE FRAUD. When I went to the Money Gram station at the local Lucky store (in the town I have lived for 34 years and am now raising my 13 year old son) to cash these money orders I was arrested immediately. I was frisked, my car searched my purse emptied all in front of the Lucky store here in the quaint little community where most people know everyone. The 3 responding officers were absolutely sure that I was some check fraud "ring leader!" They would ask me where the money orders came from, I would answer telling them that they were sent via UPS next day air but I was unsure by who. Then I was told to shut up and stop lying. One officer told me "you and I both know no one sent these to you. You made these yourself" I was then "escorted" to Alameda County Jail where I remained for the next 10 hours until my $10,000.00 bail bond (for check fraud) was processed.

Once released from jail I made it my mission to catch this dirty rotten scum bag who was responsible for what I had been through. So.....I responded to an email that he had sent to me (which I didn't even open until about 2 days after I was released from jail) indicating that he sent the package and instructions and he needs me to follow through with this task immediately (of sending his payment via Western Union) I played along with this guy to try to obtain as much information as I could. I advised him that the money orders were cashed and to please call me as I was a bit confused about something regarding his instructions. He called, about every other minute from that moment through the next 4 days. Once even forgetting to *67 therefore I was able to obtain his NIGERIAN telephone number. He even went so far as to send me text messages!!! He thought I had his money and he wanted it. I recorded our phone conversation on my MAC I MOVIE. I tracked down the gentleman whose email address they had hacked and were using to send the initial correspondence. He lived in S. Africa and was the administrator of a fishing forum. I explained to him my situation and advised him to contact the FBI before they contacted him as I had already given them his email information on my FBI report of this incident. He was grateful that I had taken so much of my time to track him down and explain this situation to him so that he could cancel his email address they were using before they had sent any further damaging money orders out to innocent people. I thought that since the local police didn't really care about catching these losers that I would!!

I have since retained a very good lawyer. We have met with the DA who still is unsure whether he plans to file charges against me or not. I appeared in court last week and at that time there were no charges filed yet BUT THE CASE WAS NOT DROPPED EITHER!!! I go back to court November 5th.

Ever since this happened I cannot STOP talking about it. It helps for me to get past the anger. Initially, I was consumed by researching scammers, trying to catch this guy and others like him. Then I realized that law enforcement officials are inexperienced and unequipped to handle situations like mine. They are not interested in catching the people responsible and therefore I needed to direct my ager somewhere else and for that reason, I would love to tell my story in hopes to make people aware of these scammers.