INFORMATION ABOUT "419" FRAUD SCAM

1. What is a ¡¥419¡¦fraud scam!

  

The term 419 is derived from Section 419 of the Nigerian Criminal Code and means obtaining money or goods from a company or its representative, through deception.

The so-called Nigerian Letter Scam is intrinsically an advance fee fraud.  The fraud is also known as the ¡§419 scam¡¨ and is operated by a fraudster, usually a member of a Nigerian criminal syndicate. (It  must be noted, however, that though these scams originated  from Nigeria, syndicates of  other  West African countries, the DRC and lately even Zimbabwe, have  become  involved in these  advance fee  fraud scams).

 

2. Operation of the scheme

The scam is initiated with the fraudster contacting a targeted company, either by fax or mail.  However, approximately 80% of the latest fraudulent letters have been sent electronically via the Internet. A business proposal is made in the letter, fax or via e-mail, usually by a syndicate posing as senior government officials. The fraudsters claim that they are in possession of a large amount of over-budgeted money, usually American dollars. The proposal entails the transfer of the over-budgeted money to a bank account outside of the country where the scam originates, which is that of the targeted company. A plausible explanation is usually given for the transfer. It sounds appealing to the intended victim.  The person receiving the letter or fax is generally promised between 20 to 35 percent of the money to be transferred as commission for the use of his/her bank account. If  the  intended victim is interested in the  deal, they are requested to forward a variety of paperwork which  generally includes blank company  letterheads which are duly signed, blank invoices, telephone and fax  numbers,  and especially bank account  details, which  are  required to effect the transfer  of  the  money into the ¡§victim¡¦s¡¨ bank account.

            The money is obtained from the victim in a number of ways, such as:

    

¡P  Asking the victim to deposit money into a specified  bank account to help cover expenses for completing  the

      deal, which may include paying bribes to other parties in the country from where the scam is operated;

¡P  Once the original fee has been paid, ¡§complications¡¨  may arise which necessitate the payment of more fees;

¡P  Organising a meeting in certain countries and, once the  victim  is  in the said country, his  passport  is

   confiscated and he is detained until sufficient payment is received;

¡P  Using  the bank details on official letterheads  to transfer money out of the victim¡¦s bank account and into

      An account under the control of the criminals;

¡P Once  the money is lost, an ¡§official¡¨ may  contact the victim on the pretext of helping the victim retrieve

  the lost money, which in turn, also costs money.

    

One  might  think  that it is inconceivable  that  a person  could  fall  victim to such  a  questionable scheme.   People have, however, fallen prey  to  the scheme  to  such  an extent, that it  has  forced  a number of countries to set up specific units to deal with  these letters.  There are no reliable  figures which  can be used to illustrate the extent of  this scheme,  as  many of the victims do not  report  the incident due to the embarrassment it causes them.

 

3. The  South  African Police Service has  developed  a system similar to that of the United States  

    Treasury Department, through which all ¡§419¡¨ scam letters are put on  a  database from where they can be  managed 

    and  distributed for further investigation. The  required feedback is then   given to the international complainants.

    The police have stressed, however, that due to the number   of ¡§419¡¨ scam letters received, they will only able to act  

    and report back on cases where a financial loss has been suffered or where correspondence has been entered into

    between the  relevant parties.

 

        4. Other  strategies  that have  been  adopted  by  the  Commercial Crime Unit to address the situation

            are as  follows:

 

i)   The general public is warned via the media that they should not enter into suspicious agreements

     when approached by perpetrators.  In these warnings, the modus operandi and type of transactions

      used, are described;

               ii)   The matter has been discussed at the Banking Action Task Group, Business Against Crime (BAC)

                     and South African Reserve Bank (SARB) meetings; 

               iii)  Organised trade and industry are informed of the scam via the local media

    

         5.   The  Branch  of the Commercial Crime  Unit  and  the Minister of Trade and Industry  have criminalized the "419¡¨

               advance fee scam letters and gazetted this  in  Government  Gazette  No 22459 of 13 July 2001,  under General 

               Notice No 1643 of the same  date.   (Should missions  require a copy of the Gazette in question, please direct

               requests electronically to Route hda141 or hda149).

  

          6.   Foreign citizens and residents

    

             ¡P     Please  fax a copy of the ¡§419¡¨ correspondence received to the Commercial Crime Unit

             ¡P     Furnish banking data (if applicable)

             ¡P     State whether there has been  ¡§Loss¡¨ or ¡§No Loss¡¨

             ¡P     If there is a South African connection to the ¡§419¡¨ operation, please state clearly 

                      all relevant   details

             ¡P     Provide contact details and telephone number(s) of the individual affected

    

           The  above  information must  be  faxed  to  (27-12) 3391202,  marked for the attention of Superintendent SC  

           Schambriel.   He  can  also  be  contacted   by telephone in the event of an emergency: (27-12)  339 1203.

    

         7.   Should additional information be required pertaining to  these scams, members of the public are

               urged  to consult the South African Police Services¡¦ website at www.saps.org.za under

             ¡§crime prevention¡¨ and ¡§specific crimes¡¨ where details pertaining to the operation of the

   scheme, indicators of a possible scam, the number of ways in which money is obtained

   from the victim, as well as precautionary measures are outlined.

 

         8.   We would like to stress that the  ¡§419¡¨ advance fee fraud scam is an international problem

               and  that  these syndicates  target  countries  and individuals world-wide.  It goes without saying

              that schemes  of  this  nature  deceive  the  public  and unreasonably prejudice and/or unfairly

               affect consumers in general.