- protecting your email address and mobile phone number online
- deleting suspicious emails without opening or replying to them
- checking the terms and conditions of anything you sign up for – for example, are you consenting to receive commercial messages?
- using spam filtering software
- boosting your internet security to ensure that spammers can’t send spam via your computer through zombie spam and spoofing
- using internet resources designed to protect children and young people online
- learning more about email scams and fraud
Posted on Wednesday, July 30, 2008
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The Embassy does not have the resources, manpower, or assets to investigate these scams.
The person at the other end of the computer usually isn't who they say they are when they're asking for your money (Graphic: US Embassy Cote d'Ivoire)
The Standard Scam:
Send me money, so that I can give you millions in return. This is an old con known as the "advance fee scam" and it dates back to the early 1900's through the United States Postal Service. The principal lure is that someone has a large sum of money hidden somewhere (a secret bank account, a trunk held in storage house or in a foreign customs) and that they cannot get the money out of the country safely. However, if you provide them some small "advance fee", the "attorney" will arrange to transfer a percentage of the money (usually in the millions of US dollars) to you if you pay certain "advance" fees to cover the expenses.
The American Embassy in Cote d'Ivoire receives many inquiries a week about such scams. These victims have wired large sums of money to these "fraud baiters" posing as heirs (usually widows or orphaned children) to some lost fortune, whom they corresponded with through an unsolicited e-mail. The "orphaned children" will soon start to call victims "Uncle" or "Aunt", and then soon move up to calling them "Dady" or "Momy" in an attempt to create an emotional bond to use the "adoption" or "marriage" ruse to lure you into their web with the promise of this hidden money.
The Strategy of the Scams:
They will send you photographs, documents, files, court agreements, or anything you ask for to prove their legitimacy. They will pose as attorneys, government officials, embassy officials, religious figures, and sympathetic characters to further support this illusion. The bottom line is everything is in all likelihood false. Every person is likely fictitious and probably the same person acting all roles. All documents provided are usually no more than worthless computer generated paper. Whatever proof you ask for, they will generate it on the computer, but in the end it normally will all be counterfeit. All photographs provided can be of anyone – a stolen photo, or out of a magazine. The photographs are all untraceable and anonymous. It is often true that it is not the real people behind these scams.
All addresses provided are likely illegitimate, fictitious, or non-existent. They will provide you fake websites or Yahoo! E-mail addresses (most preferred). They have created very authentic looking websites through domains located in other countries to protect their trail. They have even assumed the identities of real persons, attorneys, government officials, and even members of the clergy. This impersonation of real persons (identity theft) allows them to create further illusions to their bona fides should someone attempt to conduct a due diligence on them. In the end, they are all invisible, faceless people hiding behind the Internet anonymously in a West African country where the odds of them ever being identified, caught, or prosecuted are almost non-existent.
All telephone numbers provided will be cell phones. In Cote d'Ivoire, all cell phone numbers start with 05, 07, or 08. They do not generally provide landline telephone numbers, since these numbers can be easily traced to a physical location. Anyone in Cote d'Ivoire can easily purchase an inexpensive cell phone on a street corner and then purchase anonymously a pre-paid SIM card to operate their "business" out of this cell phone number, without ever having to provide any subscriber information. If they believe that they are being traced, identified, or near arrest, they can abandon their fake identities by tossing these pre-paid cell phone and any tools of their trade into a public trashcan and walk away, thus protecting their true identities.
For faxes, they will provide hard-line numbers to public Internet or Cybernet Cafes to further hide their clandestine operations and anonymity (and where they operate their e-mails and fake websites too). Over the Internet, they are "pretenders" and can assume the identity of anyone whom they want to be, and they can provide you any fake document or photo you want as proof. Since many names, stories, and modus operandi are similar to other scams here, it is suspected that the same ring is running several scams at once.
Many victims refuse to believe that they have become a target or a victim, or that they can "out con" these professional scam artists. Whenever a victim instructs the "attorney" or "heir" to contact the US Embassy, they will always provide the victim reasons why they cannot do this. The victim must realize that if these people have cell phones, have access to their e-mail and the Internet, and travel freely to a bank or Western Union / MoneyGram to retrieve wired funds, then they certainly are capable of contacting or visiting the US Embassy. It is usually at this time that the scam artists know the scam has been recognized, and will quickly abandon the scam and break off communications with the victim, or then pose as law enforcement officials to "assist" them further with retrieving their lost funds. Of course, there will be new additional "advance fees" to do this.
Any money wired to them will be forever lost and irretrievable. If they hook a victim, they will always insist money be wired through WesternUnion or MoneyGram. They prefer WesternUnion and MoneyGram because these funds can be easily retrieved at any branch (thousands of them) throughout the country using their false ID. The branch location where they retrieve the wired funds are virtually impossible to identify or locate in Cote d’Ivoire. And, without a subpoena, WesternUnion and MoneyGram (in the US) will not provide any information to the victim or law enforcement agency.
The 419 artists will seldom provide legitimate bank account numbers as these can be traced back to tangible locations. If they provide a specific account to a specific bank, successful surveillances have been made to arrest the "fraud baiters." They learn from their mistakes, and their share "lessons learned" within their sub-cultured network. These 419 "fraud baiters" are smart, devious, and heartless. They are also dangerous and ruthless. They have lured victims to West Africa where they have kidnapped them for ransom, killed them, or both. They will not hesitate to bribe judges, officials, or witnesses, and they will not hesitate to kill anyone who interferes with their organized crime operations, or anyone who cooperates with the police investigating them. They operate invisibly and are nearly impossible to identify, locate, arrest, and prosecute. This is why 419 scams are the fourth largest industry in West Africa.
They prey upon the greed, gullibility, loneliness, and the sympathies of their intended victims, many of whom are quite educated. Most 419 "fraud baiters" are Nigerian Muslim males who often pose on singles websites (Matchmaker or Christian singles websites) posing as Christian women or men. These are also known as 419 "Lonely Hearts" scams, and have successfully duped many trusting and lonely Christians out of large sums of money.
They have posed as priests, ministers, evangelists, missionaries and even nuns being persecuted in Muslim countries, and they are trying to find ways to get the tithes of their church out of the country. Of course, these riches they promise will require you to provide them some "advance fee" for the attorney, licenses, and new unforeseen bureaucratic requirements that will be never ending.
The first fees will be small, but one bureaucratic problem leads to another requiring just "one more" payment to create the illusion that you are almost there. This dangle or "carrot" of just one more payment to receive all of these millions will eventually add up to thousands of dollars. By then, it is too late.
If such money did exist, they will not share it with a complete stranger they met over the Internet in exchange for assisting them. If such money existed, they would have family, friends, and political contacts who would gladly help them. Remember; if you send any money to these people consider it lost forever.
Regretfully, some have contacted us too late after losing their entire life's savings (hundreds of thousands of dollars) expecting to receive these millions in return, to adopt an orphaned refugee, or find a new love, spouse or companion they met over the Internet.
Posted on Sunday, July 27, 2008
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The e-mail tells the recipient their e-mail address was randomly selected, and they have won a substantial cash prize.
The lucky winner is then asked to contact an 'assigned claims agent', either by email or phone, to provide information such as your name, address, age, occupation, and phone number.
Detective Inspector Brian Hay, Fraud and Corporate Crime Group, said it is likely the person you contact will then ask for your bank account details and a small administration fee to process your winnings.
"It's a guarantee that you will never see a cent of the enormous amount of riches you have been promised," Detective Inspector Hay said.
"More likely, by responding to an email like this, a person will find all their hard-earned savings disappearing very quickly from their bank accounts.
"Additionally, not only do you surrender your identity but your name will probably go onto a 'Suckers List', and you will be offered further 'enticing' opportunities in the future.
"Our warning is very clear - never respond to e-mails such as these, simply delete them straight away."
Posted on Thursday, July 24, 2008
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Criminals send out millions of these fraudulent spam emails to random email addresses in the hope of enticing someone to respond.
Although the stories in these scams vary widely, after an initial exchange of conversation or emails with the victim, they all usually ask victims to provide bank account or personal details in order to receive a fictitious financial windfall.
The promised windfall may be lottery winnings, a huge inheritance, a multi-million dollar bank transfer, etc. While the windfall payment is never made, victims pay large sums of money to cover various false costs and fees.
As a general rule, we recommend that you apply the standard 'physical world' test to any online proposition: if it sounds too good to be true, it probably is. You can learn more about scams at www.scamwatch.gov.au.
Posted on Tuesday, July 22, 2008
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Some Internet Service Providers (ISPs) offer a free spam filtering service, while other ISPs offer filters for a fee. You can also purchase spam filtering software from computer shops.
While filters are useful, they sometimes fail to identify spam and mistakenly block genuine, non-spam messages. To address these problems, you can:
* direct your spam into a 'spam folder', rather than automatically blocking it. This way you can scan your spam folder for genuine messages that your filter may have mistakenly identified as spam.
* if you use web-based email, such as Hotmail or Yahoo, you can check whether your provider offers an anti-spam setting as part of the email service.
More information on filtering, anti-virus and personal firewall software is available on the Internet Industry Association security website at www.security.iia.net.au/ and from your local computer shop. Your ISP should also be able to offer advice on obtaining security software.
Posted on Sunday, July 20, 2008
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The Web site at "unsub.us" mimics the language, look, and navigation of the Web site for the National Do Not Call Registry, a legitimate free service of the federal government. The unsub.us site is not run or authorized by the FTC.
The FTC is concerned that the "unsub.us" site could be part of a high-tech scam that uses a deceptive Web site to trick consumers into disclosing their e-mail address or other sensitive personal information. This site may be a ruse to collect valid e-mail addresses to sell to spammers. The result could be even more spam for consumers who sign up for this "registry." Or it may be even worse - some scammers have collected information through bogus web sites like this one that mimic those of legitimate organizations, and then used the information to commit identity theft.
The FTC is advising consumers not to submit their e-mail addresses or any other personal information to any site claiming to be a "National Do Not E-mail Registry." The agency's Bureau of Consumer Protection says the best way to avoid scams like this one is to keep your personal information to yourself - including your e-mail address - unless you know who you're dealing with.
Should you get an e-mail claiming to represent a "Do Not E-mail Registry," an organization to stop spam, or even the FTC itself, report it to the FTC at www.ftc.gov or 1-877-FTC-HELP. If you believe you have already been scammed, file your complaint at www.ftc.gov, then click on www.ftc.gov/idtheft to learn how to minimize your risk of damage from identity theft.
The FTC is studying the feasibility of creating a National Do Not Spam Registry, and will issue a report in June 2004. At this time, there is no legitimate "National Do Not E-mail Registry."
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint, or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1 877-382-4357), or use the complaint form at www.ftc.gov. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Media Contact:
Office of Public Affairs
202-326-2180
Posted on Thursday, July 17, 2008
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One of the latest emails to be circulated has the subject title 'CONGRATULATIONS YOU HAVE WON!!!' and goes on to tell the recipient they have won a portion of a multi-million dollar lottery prize as part of a soccer World Cup promotion.
Recipients are then asked to provide personal information, including your bank account details, phone numbers, address details, occupation and a scanned copy of your passport or driver's licence.
Detective Inspector Brian Hay, Fraud and Corporate Crime Group, said this email was yet another blatant attempt to steal people's identities and gain access to their bank accounts.
"Under no circumstances should any person consider responding to such emails," Detective Inspector Hay said.
"The consequences of identity theft can last for many years and the provision of this information could see crime committed in numerous countries under the names of innocent victims."
Detective Inspector Hay said to protect themselves from email-distributed scams, people should delete emails if they don't know the sender, it claims to be from a bank, or it offers employment, investment or money-making opportunities.
"Do not open it, do not read it, just delete it," Detective Inspector Hay said.
Posted on Wednesday, July 16, 2008
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Tragic incidents such as 9/11, Hurricanes Katrina and Rita, and the recent earthquake in China have prompted individuals with criminal intent to solicit contributions purportedly for a charitable organization and/or a good cause. Therefore, before making a donation of any kind, consumers should adhere to certain guidelines, to include the following:
* Do not respond to unsolicited (spam) e-mail.
* Be skeptical of individuals representing themselves as officials soliciting via e-mail for donations.
* Do not click on links contained within an unsolicited e-mail.
* Be cautious of e-mail claiming to contain pictures in attached files, as the files may contain viruses. Only open attachments from known senders.
* To ensure contributions are received and used for intended purposes, make contributions directly to known organizations rather than relying on others to make the donation on your behalf.
* Validate the legitimacy of the organization by directly accessing the recognized charity or aid organization's website rather than following an alleged link to the site.
* Attempt to verify the legitimacy of the non-profit status of the organization by using various Internet-based resources, which also may assist in confirming the actual existence of the organization.
* Do not provide personal or financial information to anyone who solicits contributions: providing such information may compromise your identity and make you vulnerable to identity theft.
Posted on Tuesday, July 15, 2008
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Do not comply with this fraudulent request. This email was not sent by the Ministry of Transportation.
We are investigating this situation. The police have been notified. Do not, under any circumstances, respond to this e-mail. If you receive further e-mails from the same source, or anyone you know receives a similar e-mail, please notify the Licensing Administration Office at lao@mto.gov.on.ca and attach the suspect e-mail to your correspondence.
To safeguard your security we recommend prudence when communicating personal information in e-mail or online. The Internet is not always a secure communications vehicle.
The Government of Ontario is committed to privacy protection. The safety and integrity of personal information are top priorities. Ontario's e-government services are built on secure technologies and processes to ensure privacy. We do not tolerate any misuse of your personal information.
Posted on Monday, July 14, 2008
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WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) late today notified the business community and general public to a "phishing" e-mail circulating to companies that purports to be from the federal agency regarding a harassment complaint. The bogus e-mail contains a Trojan Horse Virus that is likely to harm a recipient's computer if the user clicks on the referenced web link and/or downloads the attached file.
The phony e-mail to employers - being circulated under the subject "Harassment Complaint Update For"-- contains links where the respondent can allegedly access details of a fake discrimination claim. The EEOC has reported the issue to appropriate authorities.
The EEOC's policy is to notify an employer of the filing of a charge of employment discrimination using the U.S. Postal System. Because of security concerns, the EEOC does not notify employers of the filing of a charge of discrimination via e-mail. Consequently, if a company receives an e-mail notification which purports to advise the respondent of the filing of a charge of employment discrimination with the EEOC, the federal agency urges users to delete it immediately.
The contents of the phishing e-mail include an EEOC logo under the subject line and contain purported language from the EEOC under a subject heading, "Employer Liability for Harassment." Excerpts of the phishing e-mail are highlighted below:
FROM: Equal Employment Opportunity Commission
SUBJECT: "Harassment Complaint Update For"
This is an automated email that confirms the registration of harassment complaint #number...this harassment complaint can lead to law enforcement action. You can download and print a copy of this complaint to keep for your personal records here...Our staff will keep you updated regarding the status of our investigation...To check the status of your complaint access:
The EEOC enforces federal laws prohibiting employment discrimination.
Posted on Sunday, July 13, 2008
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Find out how to protect yourself from fraud while investing on the Internet and obtain information about safe online trading.
* Cyber Crime Information
Obtain general information from the Department of Justice about cybercrimes and how to protect yourself. Also find information about legal and policy issues surrounding cybercrimes.
* FBI Kids' Page - Internet Safety Tips
Get advice from the FBI on how to be safe when using the Internet.
* FBI Warning about False FBI E-mails
Read this warning about false e-mails that claim to be from the FBI, but contain the w32/sober virus.
* Financial Crimes (International)
State Department brouchure about common internet schemes that originate overseas, like the Gorgeous People in Trouble, Long-Lost Inheritance, Work Permit schemes and more.
* Fraud and Identity Theft Trends
View current trends in consumer fraud and identity theft. The trends are based on consumer fraud and identity theft complaints received by the Federal Trade Commission (FTC) and over 60 U.S. and Canadian federal, state, and non-governmental organizations.
* Identity Theft Information
Visit the U.S. government's central website for information about identity theft.
* Internet Do's and Don'ts for Kids
Kids can find the do's and don'ts of using the Internet on this Department of Justice kids' site.
* Internet Protection Information for Consumers and Businesses
View documents from the Federal Trade Commission (FTC) that can help you protect yourself or your business against internet fraud.
* Kids' Privacy and the Internet
Parents, teachers, and children can learn about protecting kids' privacy while using the Internet.
* Personal Information and Computer Security
Information security tips from the Federal Trade Commission.
* Phishing Scams
Learn to not get hooked by "phishing" scams that use spam or pop-up messages to deceive you into disclosing your credit card numbers, bank account information, Social Security number, passwords, or other sensitive information.
* Spyware
Spyware software monitors or controls your computer use. It may send you pop-up ads, redirect your computer to websites, monitor your Internet surfing, or record your keystrokes, which could lead to identity theft.
* Statistical Data and Reports on Internet Fraud
Get timely information on fraud. These statistics are based on complaints received from the Internet Fraud Complaint Center, a joint partnership between the FBI and the National White Collar Crime Center.
Posted on Thursday, July 10, 2008
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Immigration Related Websites. Many other non-governmental Websites (e.g., using the suffixes ".com," ".org" or ".net") provide legitimate and useful immigration and visa related information and services. Regardless of the content of other Websites, the Department of State does not endorse, recommend or sponsor any information or material shown at these other Websites.
Other Impostor or Fraudulent Websites and Email. A few other Websites may try to mislead customers and members of the public into thinking they are official Websites. These Websites may attempt to require you to pay for services such as forms and information about immigration procedures, which are otherwise free on the Department of State Visa Services Website, or overseas through the Embassy Consular Section Websites. Additionally, these other Websites may require you to pay for services you will not receive. These web sites may contact you by email to lure you to their offer. Additionally, be wary of sending any personal information that might be used for identity fraud/theft to these websites.
A Few Words about the Diversity Visa Program. There have been instances of fraudulent websites posing as official U.S. Government sites. Some companies posing as the U.S. Government have sought money in order to "complete" lottery entry forms. To learn more, please see the Federal Trade Commission Warning . Applicants selected in the Diversity Visa random drawing are notified by the Department of State, Kentucky Consular Center by letter, NOT email and are provided instructions on how to proceed to the next step in the process. No other organization or company is authorized by the Department of State to notify Diversity Visa lottery applicants of their winning entry.
Posted on Wednesday, July 9, 2008
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- Hurricane Katrina Relief Fraud
- Based Investment Schemes
- Do not send any money or financial account information if you receive one of these e-mails (or a letter or fax of a similar nature). See the U.S. Secret Service Financial Crimes Division web page for more information.
- If you have responded to one of these online solicitations and have lost money, please contact the Internet Crime Complaint Center, a joint venture of the FBI and the National White Collar Crime Center, and use the ICCC's online complaint form.
- Medical Products and Devices
Forward investment-related spam e-mails to the U.S. Securities and Exchange Commission at enforcement@sec.gov.
- Investments
- General
Posted on Tuesday, July 8, 2008
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A variant, "vishing" uses telephone systems. A vishing scam occurs when a consumer receives a recorded message telling them a credit card and/or financial institution account has been breached and to immediately call a number provided in the message. The phone number leads the consumer to a fraudulent call center where people are asked to supply or verify pertinent financial account, social security or credit card information.
NCUA does not ask credit unions members for personal information. Anyone who receives an supposed e-mail or phone call from NCUA that asks for account information should consider it a fraudulent attempt to obtain their personal account data for an illegal purpose and should not follow the instructions in the e-mail or phone call.
If you inadvertently respond and provide confidential account information, please notify your credit union immediately. You should change affected accounts and PINs, and take any additional action recommended by your credit union to protect your account.
Posted on Monday, July 7, 2008
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The emails often appear to come from a respected official,such as a bank manager or a government agency. They explain that they have discovered secret funds that must be moved out of their country and ask for your help to move them to the UK. They will offer to deposit large sums in your bank account temporarily and in exchange you will get a share. They will have elaborate explanations about why they need to use your bank account. There are many variations but they all seek to con victims out of their money. The OFT advises recipients not to reply, to report it and then delete the email.
These scams are nicknamed '419' scams after the relevant section of the Nigerian Criminal Code. Many, but not all, originate from Nigeria and West Africa. Classic 419 scam scenarios include being contacted by:
- a Nigerian bank official wanting help in transferring millions from the account of a deceased individual before the bank freezes the funds
- an employee of a large corporation, often an oil company, needing outside help to spirit away company funds generated by over-invoicing contractors.
New and innovative scenarios are always emerging and are often topical, such as:
- a war reporter who has unearthed Saddam's missing millions and needs to deposit them in your account in return for a share
- a young person orphaned by the tsunami disaster asking for help in moving their parents millions out of an overseas bank
- some new versions mention Hurricane Katrina and the 7 July London bombings.
All the scams share a common theme. The victims are ultimately asked to pay money in advance, to cover eventualities like, taxes, insurance, legal fees, handling fees and bribes that amount to thousands of pounds.
Christine Wade, Director of Consumer Regulation Enforcement said:
'If you are targeted, recognise the 419 for what it is - an attempt to defraud you. Do not reply and do not give your personal details out. You are not about to become rich. These scams bear the hallmarks of professional criminals - use your common sense and don't become their next victim.'
Nuhu Ribadu, the Executive Chairman of the Economic and Financial Crimes Commission (EFCC) of Nigeria, the law enforcement agency collaborating with the OFT to stop '419' scams at source said:
'419 and other Nigerian variants of cyber crime, have done unquantifiable damage to Nigeria's image and credibility. The government has resolved to deal a fatal blow to the cyber crime networks operating from Nigeria and the West African sub region'.
The EFCC is taking action on a range of measures to combat '419' scams, such as monitoring activity at cyber cafes in Nigeria, signing a memorandum of understanding with Microsoft to tackle cyber crime and taking on a significant number of cases against fraudsters based in Nigeria.
As a supporter of the London Action Plan (LAP) on spam which is holding a summit in London at present, Nigeria has agreed to work with the other 26 member countries to fight cross border spam.
Posted on Sunday, July 6, 2008
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- Remember there are no get-rich-quick schemes: the only people who make money are the scammers.
- Do not let anyone pressure you into making decisions about money or investments: always get independent financial advice.
- Do not open suspicious or unsolicited emails (spam): delete them.
- NEVER reply to a spam email (even to unsubscribe).
- Never send your personal, credit card or online account details through an email.
- Money laundering is a criminal offence: do not agree to transfer money for someone else.
Posted on Thursday, July 3, 2008
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The scammers usually contact you by email or letter and offer you a share in a large sum of money that they want to transfer out of their country. They may tell you about money trapped in central banks during civil wars or coups, often in countries currently in the news. Or they may tell you about massive inheritances that are difficult to access because of government restrictions or taxes in the scammer's country.
Scammers ask you to pay money or give them your bank account details to help them transfer the money. You are then asked to pay fees, charges or taxes to help release or transfer the money out of the country through your bank. These 'fees' may even start out as quite small amounts. If paid, the scammer make up new fees that require payment before you can receive your 'reward'. They will keep making up these excuses until they think they have got all the money they can out of you. You will never be sent the money that was promised.
Posted on Wednesday, July 2, 2008
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Send me money, so that I can give you millions in return. This is an old con known as the "advance fee scam" and it dates back to the early 1900's through the United States Postal Service. The principal lure is that someone has a large sum of money hidden somewhere (a secret bank account, a trunk held in storage house or in a foreign customs) and that they cannot get the money out of the country safely. However, if you provide them some small "advance fee", the "attorney" will arrange to transfer a percentage of the money (usually in the millions of US dollars) to you if you pay certain "advance" fees to cover the expenses.
The American Embassy in Cote d'Ivoire receives many inquiries a week about such scams. These victims have wired large sums of money to these "fraud baiters" posing as heirs (usually widows or orphaned children) to some lost fortune, whom they corresponded with through an unsolicited e-mail. The "orphaned children" will soon start to call victims "Uncle" or "Aunt", and then soon move up to calling them "Dady" or "Momy" in an attempt to create an emotional bond to use the "adoption" or "marriage" ruse to lure you into their web with the promise of this hidden money.
Posted on Tuesday, July 1, 2008
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Adult Website Operation Settles FTC Charges Unwitting Consumers Exposed to X-Rated Spam
In 2005, the FTC cracked down on seven companies that illegally exposed unwitting consumers, including children, to graphic sexual content, in violation of federal laws. Five of those cases were previously settled. The settlement announced today with Cyberheat, Inc., ends the litigation in that case, and brings the total combined civil penalty amount in these cases to over $1.6 million.
The FTC's Adult Labeling Rule and the CAN-SPAM Act require commercial e-mailers of sexually-explicit material to use the phrase "SEXUALLY EXPLICIT: " in the subject line of the e-mail message and to ensure that the initially viewable area of the message does not contain graphic sexual images. The Rule and the Act also require that unsolicited commercial e-mail contain an opportunity for consumers to opt out of receiving future e-mail and provide a postal address, among other things. The FTC charged that the affiliate marketers sent sexually-explicit e-mail messages that:
* Violated the Adult Labeling Rule requirements;
* Violated the requirement to provide a clear and conspicuous opt-out mechanism; and
* Violated the requirement to provide a postal address.
While Cyberheat did not send e-mail directly to consumers, they operated an "affiliate marketing" program in which they paid others who used spam to drive traffic to Cyberheat’s Web sites. The government's complaint alleged that under the CAN-SPAM Act, the defendant is liable for the illegal spam sent by its affiliates because the defendant induced them to send it by offering to pay those who successfully attracted subscriber to its Web sites.
The settlement bars future violations of the CAN-SPAM Act and the Adult Labeling Rule and requires the defendant to closely monitor its affiliates to ensure that they are complying
with the law. In addition the defendant will pay $413,000 in civil penalties. The settlement contains standard bookkeeping and record keeping provisions to allow the FTC to monitor the company for compliance.
The Commission vote to accept the settlement was 5-0.
The proposed consent judgment was filed in United States District Court for the District of Arizona on March 4 by the Department of Justice which conducted the litigation at the request of the FTC. It is subject to court approval.
Posted on Tuesday, July 29, 2008