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BERMUDA | RSS PODCAST

By E. Kelvin Hastings-Smith Litigation Manager Appleby Spurling & Kempe

Out of someone else's misery there is often another who will try to profit.The September 11 attacks in New York City and Washington DC are but a relatively recent example.It was not long after the attacks that news came of telemarketers operating for fraudsters and scam artists, calling for donations to assist the rescue effort or for information on missing victims of the tragedy.

Out of someone else’s misery there is often another who will try to profit.

The September 11 attacks in New York City and Washington DC are but a relatively recent example.

It was not long after the attacks that news came of telemarketers operating for fraudsters and scam artists, calling for donations to assist the rescue effort or for information on missing victims of the tragedy.

Such scams take the form of virtually every other telemarketing scam.

The unsuspecting recipient of the call believes the bona fides of the caller, and makes a donation by giving their credit card number to the caller believing that only “$50 will be charged to the card”.

The reality, of course, is that the fraudster has been given an open credit to draw cash, make purchases or seek loans.

Perhaps because of sensitivities to the events in the United States, people seem more willing to give personal information, including social security and other identification information, over the telephone to perfect strangers.

This “identity theft” allows the fraudster to use the information to open up loan accounts, credit card accounts, and bank accounts in the name of the victim.

The fraudster then systematically draws as much money out of those accounts as he can.

However convincing a telephone marketer may sound, do not give any credit card information or personal details over the telephone unless you are certain that you know who you are dealing with.

Ideally, any donations to rescue efforts or charitable institutions should be made in cash unless you are dealing on a face-to-face basis with the charity concerned and you are satisfied with its bona fides.

I have highlighted the September 11 tragedies to underline the fact that fraud and fraudulent schemes never rest and have no regard for its victims.

But even in better times frauds and scams are part and parcel of everyday life.

Just the other day I received a notice in the mail informing me that I was guaranteed a payment of US$8,500 from an Australian lottery.

Not only was I guaranteed this sum of money but for an additional $50 I could put myself into the AUS$10 million lottery and buy myself 1,200 additional chances to win the big prize.

All that I had to do was return the notice with my payment — what could be easier?

The nice people had made it quite simple to reply by including a space for my credit card payment details.

I could also enter my date of birth for the “birthday bonus club” — whatever that was.

It looked too good to be true — and it was.

While the promise of US$8,500 requires me to do nothing other than return the notice, my guess is that the notice, when received by the organisation, will be put into the shredder.

Therefore, I actually have no chance of winning.

Indeed, on the reverse of the form is a notification that my chances of winning are one in 949,000.

On the other hand, if I took up the offer and purchased more chances to win (I have already been allocated 500 or so free goes) then there is little doubt that my entry form would receive attention and not be destined for the bin.

This is because the form contains my credit card information and my date of birth.

However, far from winning any money, I would be en route to suffering a financial nightmare.

This “lottery scheme” has all the hallmarks of a scam.

Armed with my credit card information, the lottery scam artists will obtain money from my bank/credit card.

Their withdrawals will not just be for the $50 they mention, but many variations of $50 — sometimes double or triple the amount.

Of course, fraudsters will sometimes go for broke and put through as much as they can on the card — many thousands of dollars.

The fraudster may use my credit card details and make purchases for him/herself at my expense, obtain loans and perhaps gain valuable identity information about me.

And all because I was gullible enough to put my date of birth on the form, which is often the next best thing to giving someone my social security number.

The notice I received is not authorised or endorsed by the Australian Government although the notice does bear the Australian coat of arms.

There is even a notice clearly saying that the organisation is merely a “subscription service”, in other words a “bootlegger” of lottery tickets.

In truth, they may or may not purchase tickets but they probably keep the winning ones for themselves if they do.

Lottery scams, telemarketing scams and identity theft prey on the impressionable, vulnerable and the elderly.

I have recently come across two harrowing cases of credit card/telemarketing fraud.

The first involved an elderly woman who received a telephone call telling her that she had won several thousand pounds sterling from the British Premium Bond prize scheme.

This is a legitimate scheme of the United Kingdom Government.

The caller asked some inconsequential questions and lured the elderly lady into a sense of security and confidence.

The caller told the lady that she would be sent a package containing the cheque, but required $4,500 as advance payment of the taxes which the fraudster claimed were due (there is no tax to pay on UK Premium Bond prizes).

All you have to do, the fraudster told the lady, is provide your credit card details.

Taking on the appearance of someone concerned with telephone frauds, the fraudster said she should provide her credit card number, with the exception of the last four numbers.

Otherwise, she was cautioned, there was the potential for fraud.

The fraudster told her that someone else would phone her, and only at that time would the last four digits of her credit card be required.

A couple of days passed and sure enough there was another call.

The elderly lady happily gave the last four digits of her credit card to the caller believing that he was genuine and was obviously following up on the call from that nice lady from the Premium Bonds Office.

No package ever arrived, and on her next credit card statement was an entry for the deduction of $4,500 and other deductions in the low thousands of dollars.

At that point, the victim knew that she had been the subject of a scam.

As heartless as it may seem to take advantage of a widow surviving on a limited income, the scam I have mentioned was not an isolated incident.

When the fraud was uncovered there was in excess of $500,000 which had been defrauded from this one scam.

Whilst these numbers look impressive, they are on the low side as these types of scams can net the fraudster millions of dollars before the fraudster closes down and opens up elsewhere.

The second incident that I have recently come across was in Canada where, again, an elderly resident received a telephone call telling her that she had won the Canadian Lottery.

Again, in order to collect the winnings, the elderly resident had to pay up to $4,500 for duty, fees and taxes.

Nearly everyone has had a Nigerian scam letter, fax or e-mail — the one in which the writer tells you that he has plundered or been left with many millions of dollars and he wants to send it to you!

Hopefully very few people have been tempted to respond, seeing it for what it is.

It is only human nature to take notice of a letter advising you of prize winning opportunities, free holidays or cars — thinking that they are genuine.

The only genuine certainty is that you will lose money.

If you want to play the lottery, go and get your ticket personally and pay cash to the authorised Government agency that is running it.

So what should one do when faced with this situation?

Ignore the notification.

Don’t send any money.

Don’t give up any credit card information.

Never give personal information to a stranger.

If you do not follow this advice and are caught up in a scam then the best advice is:

Notify the police.

Notify the Consumer Affairs Office.

Notify your bank/credit card company.

Cancel your credit card.

Consider changing/stopping other credit cards.

Press your credit card company to void the payment and credit your statement (this will take some months).

Assess your personal liability for the loss (there is generally an excess which the credit card company/bank will not pay).

Although this may reduce your ultimate loss, the best advice is not to get involved in any get-rich schemes in the first place.

If it sounds too good to be true, it probably is.