Legal Question in Criminal Law in California

I just got a letter and a check in the mail saying I won $85,000, was sent a "Wells Fargo" check for $3,920, was told I had to pay $1,980 for non resident taxes to UK and that I would receive the additional $81,080 after those taxes were paid. Normally, I don't tend to fall for things like this, but the check looked legit. I even called the "agent" number below to verify and get instructions. Luckily for me, the check was issued to the same bank I use, so I went into the branch to cash it, then deposit in my account. That's where they told me it was a fraudulent check. I have the copies of the check and letter, the bank has the originals. I don't want others to fall for this and would like to know if I can seek action to not let this happen to anyone else. When I asked the bank how a company could get away with this, they said that some people would just deposit the check via atm possibly, then get nailed with the $1,980 "tax fee." Please let me know if I have a valid suit and stop these guys from taking money from innocent people.

Thanks, Sacheen


Asked on 10/18/12, 11:09 am

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If you found out about the fraud in time to protect yourself, then you suffered no injury and I don't see a basis for a lawsuit.

Even if you had lost money, you would probably be stuck. Scammers like these are usually in other countries with weak law enforcement. Finding the person to serve him with legal papers would be difficult and costly, even assuming you could manage it. That would be on top of litigation's usual costs and headaches. You would then have to figure out how to enforce your judgment in the other country. And if you could manage all that, you would likely find that the fraudster has no readily-identifiable assets to collect from.

After going through all of this with nothing to show for it, your lawsuit would not deter the people who tried to cheat you. If anything, it would just deter their victims from suing. The effect would thus be the opposite of what you intend.

You can and should report this to the police and the FBI. They act in these cases where they can, but are hampered by the same obstacles I mentioned earlier.

Just be glad your bank tipped you off before you lost your money.

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Answered on 10/18/12, 1:01 pm
Terry A. Nelson Nelson & Lawless

Sure, if you want to spend the money and time to sue someone that you will never be able to find, let alone collect from.

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Answered on 10/18/12, 2:57 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I agree with both attorneys above. It's also a civil question not a criminal question, so repost there if you want to make doubly-sure you should just be happy you've lived & learned ;)

There are many scams out there every day, even some directed at attorneys ... of which even some attorneys fall for them! Here, if you did not enter any sweepstakes you could not win ... you know the old adage if it sounds "too good" to be true .... Then, just look at it for why you would get this/who would benefit ... there will always be someone. Here, it would be the person you are paying 'non-resident taxes' to ... therefore these situations are always a clear scam & you'll be able to spot them now.

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Answered on 10/18/12, 11:19 pm


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