Nigeria 419: By Any Other Name it’s Still a Scam

Editor’s note: Linda Markus Daniels is a founder of and principal in the Research Triangle Park law firm of Daniels Daniels & Verdonik, P.A.

RESEARCH TRIANGLE PARK, N.C. - About two weeks ago I got a referral from another attorney. He had a client who needed help with an international business problem, specifically that she had money in a Zimbabwean bank and was being asked to hire a specific lawyer there and pay lots of fees to get it out.

At first she didn’t want to tell me all the facts, but I recognized it immediately as a cousin to the well-know Nigeria scam. She had been contacted and told that there was money in the bank that she could claim, and the person who contacted her out of the blue would help her get it out if she would pay him a percentage of it.

Of course the only intention of the charitable stranger was to bilk her for as much money as he could before moving to the next victim. I’m not sure she believed me, however, and she may now be a victim herself. What exactly is this scam?

The Approach

In the early days, as long as twenty years ago, the solicitations came by mail and began more or less as follows:

This letter might surprise you because we have not met. I got your contact through some discreet inquiry from the chamber of commerce and industry, you and your organization were revealed as being quite astute in private entrepreneurship, one has no doubt in your ability to handle a financial business transaction.

The letters, the content of which is basically the same as the emails of today, then went on to explain how the writer had been involved with various contracts for the government of Nigeria, that he had been able to skim $40 million from those contracts and now needed help getting the money out of Nigeria. If the recipient would open a bank account (there needn’t be any money in it) and send the documentation for this plus some of my company letterhead, the writer would give me half of the money—less expenses of course.

Over the years, the scam has increased massively, both in size and dynamics, thanks in large part to technology advancements. First, the letters started to arrive by fax. Then with the increased presence of the Internet, the messages came by email: millions of them. Similar to the situation of the potential client who contacted me, I have had numerous entreaties from Barrister Daniels Briggs of Lagos, Nigeria advising me that he is the personal attorney of the last Eric Daniels of the United States.

Apparently Mr. Daniels was in a car accident on the Sagbama Expressway (a road that doesn’t exist) which resulted in his untimely death. Now Barrister Briggs, being the kindly person he is, has advised me that "CITI BANK PLC" has $9.8 million belonging to Mr. Daniels, and they will confiscate it if American kin does not claim it within 20 days. He can't find any relatives, but since I have the same last name if I would pretend to be a relative then we can get the money out of Nigeria and I can have a reasonable percentage of it. He even "guarantees that this will be executed under a legitimate arrangement that will protect [me] from any breach of the law."

The scam is no longer limited to Nigeria, however. In the recent past I have received the following requests for help, among many, from some very important international figures (but you must keep the requests secret as they are all private and highly confidential):

Engr. Ibrahim Molanga, the chairman of contract award committee Ivoire National Oil (Republic of Cote D`Ivoire) offered me 20% of $35 million that was taken from the World Bank by over-invoicing for replacement equipment after a refinery fire.

Laurent Mpeti Kabila (jnr), the second son of late president Laurent of the Democratic Republic of Congo (who was murdered by his opposition through his personal bodyguards in his bedroom on Tuesday 16th January, 2001) wants to share with me 5.5% of $25 million plus thousands of carats in diamonds in a guaranteed risk-free transaction. This money had been set aside to buy arms prior to the murder.

Oddly enough, Mrs. Thaddee Kabila, widow (the third wife) of the late president Laurent Kabila also has an offer for me. Apparently she and her son (not sure if it is the same son) left the Congo during the rebellion and are living in Amsterdam. Unfortunately for her, she has $22 million with her and is not allowed to open a bank account anywhere in the world, so the funds are in sealed baggage at a security company. I can have 25% for my assistance.

Emmanuel Koromah, the first son of the blessed memory former chief of defense staff and elder brother to Major Johnny Paul Koromoh the former Military Head of State of Sierra Leone, has $20 million of which I can have 20%. The funds were embezzled by his father prior to the West Africa Peace Keeping Forces (ECOMOG) overpowering the military regime.

Heri Golden, the first son of Peter Golden a farmer in Zimbabwe who was recently murdered in the land dispute, didn’t have as good an offer. He only offered me 10% of $4.5 million. This money was to have been used for the purchase of new machines and chemicals and establishment of new farms in Swaziland, but now they have fled and need to transfer the money to a reliable account.

Davis Baloyi, the chief auditor of NED BANK South Africa contacted only me with his offer to share 35% of $82 million (now that sounds better) from the account of the late Mr. Jerome N. Snaga, a foreigner and a miner at the Anglo Gold Platinum Mining Company in Mafikeng. He has determined that there is no beneficiary for the account

Loi C.Estrada, wife of Mr. Joseph Estarda, the former President of Philippines who is now in jail, offered me a percentage (I get to choose how much) of $30 million, which she “secretly siphoned” out of the Philippines.

How the Scam Works

The scam starts with an email which asks you to respond to an email address, usually different from the one from which it was sent. The scammer will ask you to set up a bank account, and send details of the account; sometimes the scammers also ask for letterhead or logos. This is not in an attempt to plunder the bank account, or misuse the letterhead, but rather part of hooking the victim. The scammers do not ask for money initially.

The next step is a request for documents required to move the money, documents that you cannot provide, such as foreign bank certificates, tax forms or even non-existent government forms. You are then referred to fake government officials, lawyers or bank officers who will help get the documents for a fee. After you pay the first fee, there are prompt and continuing demands for more money to cover more documents, for bribes or for travel expenses. In almost every case there is a sense of urgency. There are many forged official looking documents—but always another is needed. Eventually, the criminals disappear with all the money transferred to them.

Does the Scam Actually Attract Participants?

The scam wouldn’t be so prevalent if there were not “a sucker born every minute.” Law enforcement agencies continue to be amazed by the number of victims enticed into believing they have been singled out from the masses to share in multi-million dollar windfall profits for doing absolutely nothing. By most reports it is the world’s largest scam in terms of aggregate monetary losses; the FBI reports that it is the largest Internet scam impacting the United States. It is also reported to be between the second and fifth largest industry in Nigeria. The average loss in the United States is around $4,000, but there are many reported in the hundreds of thousands. Perhaps the most spectacular is that incurred by Ann Marie Poet, who embezzled $2.1 million dollars from her California employer against an expected pay off of $4.5 million.

What to do if You Get an Offer

The easiest thing to do is nothing, toss out the fax or delete the email. If you are adequately annoyed, however, you may also report the scammers to the FBI via its Internet Fraud Complaint Center or the Federal Trade Commission, but don’t expect any action to be taken as a result of such reporting.

Do not respond to the scammer in any way, this just attracts attention to you. With global crime on the increase, it is not a good idea to attract the attention of criminals, even if you think they are half a world away.

Finally, if you really can’t be convinced that the offer is a fraud and want to follow the dream of becoming a sudden multi-millionaire through the kindness of strangers, consider what would happen if it were true: Do you really want to risk jails in these countries after you are caught helping to steal this money from the government or banks?

What to Do if You Have Responded?

The first thing you want to do is terminate all contact. Block emails and refuse phone calls. During these transactions, the criminals act aggressively towards the victims, harassing them, insulting them and making threatening phone calls. If they persist you need to contact your local police and the FBI.

Recently, the criminals have been requesting that the victim visit Nigeria or even countries such as the Netherlands, the UK or even locations in the US. DO NOT GO UNDER ANY CIRCUMSTANCES. Once the victim arrives, local gang members impersonate high ranking officials. They produce fake documents, metallic boxes supposedly filled with marked US banknotes, briefcases filled with cash and other counterfeits. Victims are often asked to deal with fake private security company officials who demand payment before releasing the cash.

The situation is worse for those who travel to Nigeria. The criminals tell victims that they will facilitate their entry into Nigeria. They do this by bribing a custom officer who lets the victims into the country without a valid visa. There are heavy penalties in Nigeria a for visitor who enters the country without a valid visa. When the victim arrives on location, "problems" start to arise. The scammers tell the victim that a government official wants a bribe, that the bank requires a transfer fee, or other tales requiring the expenditure of money. At this point the victim must pay; if he tries to back out of the deal, he is blackmailed because of his illegal entry status. There are reported cases of unwilling victims being murdered.

If you have lost money in the scam, it is highly unlikely you will be able to recover it. You should, however, contact The United States Secret Service Financial Crimes Division 1800 G Street N.W. Room 942 Washington, D.C. 20223 Attn: Nigerian Scam

Daniels Daniels & Verdonik, P.A. has been serving the legal needs of entrepreneurial and high technology clients for more than 20 years. Linda Markus Daniels concentrates her practice in the representation of entrepreneurial and technology-based businesses, focusing on corporate, technology and international matters. Comments or questions can be sent to ldaniels@d2vlaw.com