A car scam that I've heard
about [on the inside] years ago is back, but in a new guise that's
catching out hundreds of buyers.
The original scam
goes like this, a "spot delivery service in which buyers get
their new
vehicle"on the spot" but are later
told they have to make bigger payments because their original credit
application wasn't approved. Now, shady dealers have gone several
steps further by repossessing cars and refusing to return deposits or
trade-ins. This trick has become known as the "yo-yo" car
scam and recently attracted the attention of the Center for
Responsible Lending (CRL).
What many
car
buyers don't
realize is that when they sign an auto finance deal, the contract the
dealer draws
up is often sold to a third party financial organization at a price
the dealer has to negotiate. When the dealer can't get the price they
want, they demand you return the car. They may do this several times
over. Sometimes, dealers knowingly offer interest rate deals they
will never be able to sell to a finance
house but they offer them anyway to stop you from going elsewhere to
buy. They take in a down payment
and trade-in before yanking the yo-yo string. Crooked dealers will
imply the financing is firmly arranged when you buy and assure you it
won't be changed, while insisting you sign a form that makes clear in
the small print that the purchase is conditional on the dealer
securing the financing later.
A CRL survey of
2,100 complainant buyers found that more than a quarter of them were
hit by yo-yo car scams, and almost half of these victims subsequently
had trouble getting their down payment or trade-in back. In some
cases, the dealer threatened legal action unless the car was promptly
returned, or presented victims with a bill for mileage driven in the
car or supposed wear and tear.
"In some
cases, the dealer may threaten to call law enforcement on charges of
auto theft if the consumer does not return the vehicle immediately,"
CRL explains in a newly published report. Under the mounting pressure
of the situation, many consumers agree to the new loan terms. A
dealer's refusal to return the trade-in vehicle or down payment
pressures the consumer to agree to a more expensive loan. The threat
of legal action or involvement of law enforcement adds even more
leverage for the dealer."
Alongside the
Federal Trade Commission (FTC), CRL is calling for a change in the
law to stop conditional spot delivery contracts.
So what can
you do?
Regardless
of your beliefs about the honesty of car
dealers, the
fact is that the cards are always stacked in their favor. So, I
recommend
(as I advised last time) that you don't take the vehicle from the
dealer until you're sure the financing deal is complete. Better
yet, arrange your own financing -- if you can -- through your bank or
other legitimate lending institution. Shop around for the best deal.
Check out the
full CRL report -- Deal
Or No Deal: How Yo-Yo Scams Rig the Game -- which you can
download from the organization's website.
More
Auto Scams
As if yo-yo deals
weren't bad enough, a number of other auto scam tricks have surfaced
recently, targeting people who already own their vehicles.
Here are a
couple to be on the lookout for:
- The
windshield offer. You may not be planning to sell but you find a
note on your windshield, tucked under the wiper, from someone saying
they want to buy your car, offering such a great price that you
decide to sell. The buyer pays
by check, you sign over the title, then the check bounces. The "buyer"
has disappeared by now and the vehicle is often sold on to another
unwitting victim.
Action:
You'd be crazy to fall for this, but some people have! Don't part
with your car, or that DMV pink slip, until the payment has cleared
the bank. And, of course,
if someone offers you an outrageously high price for your car, you
can be pretty sure it's a scam.
- The
car-wrapping scam. Pressed for cash, you fall for an offer to "wrap"
your auto in advertising for a big name company, in return for a
large sum of money. The offer comes
via spam email or even in flyers distributed in your neighborhood. The use of well
known brand names makes it seem legitimate and you're delighted when
the check arrives.
But this is
nothing more than an advance payment scam. As requested,
you deposit the check and wire part of the sum to the person who
will supposedly be doing the paintwork. But, of course,
the money is going to the scammer and your untraceable cash is in
his pocket before you find out the check bounced.
Action:
Just don't do this. The chances of such a proposal being legitimate
are tiny -- and if you're asked to wire cash then you know for sure
it's a scam.
And
The Old Favorite
Just time enough
to remind you of one of the simplest and most common auto scams --
people selling cars that victims pay for and never receive. According
to the FBI, 14,000 buyers, yes 14,0000, have fallen for this one in
the past three years -- being sucker-punched by prices that are
simply too good to be true, and then wiring money untraceably for
vehicles they've never seen. Buying a car is one of the biggest
one-off purchases you make in life and there are lots of crooks out
there just waiting to trick you.
What
more reason do you need to keep all your wits about you? Double-check
everything you do when you buy or
sell a car, never
wire money to people you don't know, never sign anything without
reading the small print, and don't take delivery of or part with a
car until the financial arrangements are complete and watertight.
Follow these
rules and you'll be well placed to steer clear of a car scam.
The
online video site
YouTube is one of the most successful and heavily used
areas of the Internet, with over 3 billion videos viewed every day
and uploads equivalent to 240,000 feature films every week. Sadly,
that popularity also makes it a lucrative target from crime, ranging
from scams and account hijackings to illegal use of the YouTube name
and abusive videos and comments. YouTube, which is owned by Internet
giant Google, has lots of security checks in place and offers
guidance on things like phishing and hijacks, but the sheer scale of
the operation makes it virtually impossible for the organization to
monitor videos and comments as they're posted. So, for example, the
Better Business Bureau claims there are at least 23,000 YouTube
videos promoting fraudulent investment schemes. Let me show you a
small a look at the most common types of YouTube scams and other "red
flags," and what you can do to prevent them catching you out.
Phony
Products
From
pyramid schemes to claims you can run your car on water -- you'll
find them all on YouTube. The problem is that promoting an idea or
product via video somehow gives the claims extra credibility. I'm
more inclined to believe what I see, especially if the video is
disguised to look like a TV news bulletin or an interview with a
supposed happy customer. One current investment scam to be aware of
is a video presentation inviting viewers to get in ahead of initial
public offerings (IPOs) of new technology stocks. The Financial
Industry Regulatory Authority (FINRA) has more details in their
article Pre-IPO
Offerings--These Scammers Are Not Your Friends, .
Link
Click Tricks
There
are all sorts of ways crooks use the YouTube name to lure victims
into giving away personal details or downloading malware. For
example, they send you an email with a link supposedly to a YouTube
video. Instead you're taken to a page that looks exactly like the
real thing but you're asked to sign on, thus enabling the scammer to
hijack your account. In one common case, you're asked to provide your
cellphone number before you can view, and you're then charged via
your phone bill, either for a one-off viewing or some sort of
recurring service. Other link click tricks they use include emails
claiming to be from YouTube itself and inviting you to get in touch
(via a link) because your video has been removed or because it's the
most popular item on YouTube. Alternatively, you may get a message
saying your version of the Adobe Flash video application needs to be
updated before you watch. When you click the "update and
install" link, a virus is actually installed on your PC. Another
frequent virus trick is to send victims an email or post a message on
their Facebook page claiming a revealing video of them has been
posted on YouTube. Again, you're taken to a spoof YouTube
page that uploads malware.
Typosquatting
Tricksters
set up websites with very similar names to genuine sites. They just
change one letter, or swap the letters around, to take advantage of
users mistyping the sitename (a mistake commonly referred to as a
"typo").
Depending on where you end up, you may be the
victim of a scam or just bombarded with advertisements. A well-known
typosquatting address (and I'm not giving it out!) takes you to a
page that looks similar to YouTube, but it doesn't use the name and
thus stays within the law. There you're asked to complete a "survey,"
which involves giving personal details including your cellphone
number. Again, you'll find a charge on your phone bill.
Phony
Comments
One
of the key elements of the YouTube
service is
the ability for subscribers to leave comments on videos. This is used
for a range of tricks involving bogus postings. For example, a phony
product video of the sort mentioned above may also have favorable
comments from fake customers. In other cases, posters use the comment
facility to promote their own products or include malware links.
Abuse
and Pranks
Some
YouTube videos contain nasty scenes, unsuitable for most adults, let
alone children. In other cases, individuals post abusive and
offensive comments, peppered with foul language. In the meanwhile,
unsavory characters prowl the YouTube listings looking for videos
that have innocently been uploaded by children or teens (of
themselves). I don't need to tell you what these nasty people are up
to. Just make sure your kids are aware of the risk.
And
a word of warning to parents of tweens and younger kids: Iwas shocked
to discover that the #1 result when searching for a certain cable
all-cartoon channel was an adult film with an expletive laden
description of the "cartoon." Sometimes even innocent
searches can return some nasty results. Be aware.
Sometimes,
of course, people produce videos that pretend to be of genuine events
but are really spoofs.
YouTube
is full of these and they are mostly harmless -- provided you realize
at the outset that they're not real. However, a group of young
pranksters were recently arrested for faking an attack in a parking
lot, which they were recording for a YouTube video!
What
You Can Do About YouTube Nasties
I've
only just exposed the tip of an iceberg when it comes to potential
YouTube related scams. The organization itself posts numerous
warnings on its site. The best starting point to learn more about how
to protect yourself is the YouTube
Safety Center.
Beyond
that, the key to staying safe is to follow these five rules:
- Be
wary about clicking on links to YouTube videos. If you do click,
check the address bar carefully when you arrive to ensure that it
contains "YouTube.com." If it contains another word before
that -- like "Anotherword-YouTube.com" -- it's not
YouTube.
- Even
if you key in the address yourself, check that you spelled it
properly.
- Be
skeptical about the videos you watch and never take action purely on
a recommendation you see either in a video or comments. Always take
further advice. Similarly,
be skeptical about videos that seem to portray something
sensational. It may just be a clever spoof.
- Be
aware yourself and warn your children about the public nature of any
videos you or they post. It
is possible to post videos for private sharing only. The option
presents itself when you upload.
- Be
prepared to be shocked -- and, again, warn your kids appropriately.
If
you see a video or comment you find offensive, report it to YouTube.
You can also click the "flag as inappropriate" icon located
just below the video, to the right. The advent of YouTube has turned
us into a nation of amateur filmmakers, and it's a great way of
sharing experiences and ideas both with friends and the public
generally. But YouTube works best only if it's used responsibly,
viewed cautiously and considered skeptically.
The
term white collar crime encompasses a wide variety of criminal acts
that are committed in a business or professional setting to achieve
financial gain. This article provides general information about a few
of the more common types of white collar crime: conspiracy,
embezzlement, tax evasion and money laundering.
Conspiracy
Under
18 U.S.C. § 371 (Conspiracy to commit offense or to defraud United
States), it is a separate federal crime for anyone to conspire or
agree with someone else to do something which, if actually carried
out, would amount to another federal offense. Basically, a conspiracy
is an agreement or a partnership to carry out a criminal act in which
each member becomes the agent or partner of every other member.
In
conspiracy cases, the prosecution need not prove that the
conspirators actually succeeded in carrying out the illegal act. This
is because the essence of a conspiracy offense is the making of the
agreement itself, followed by the commission of any overt act. An
overt act is any action, even one which may be entirely innocent by
itself, but which is knowingly committed by a conspirator in an
effort to carry out the conspiracy.
To
establish a case for conspiracy, the prosecution must prove that: two
or more persons came to a mutual understanding to try to accomplish
an illegal plan; the person willfully joined such conspiracy; and one
of the conspirators knowingly committed at least one overt act in
furtherance of the conspiracy or in an effort to accomplish the
conspiracy's objective.
Embezzlement
Embezzlement
is the misappropriation of the property of another by a person who
has lawful possession of the property. One of the most common forms
of embezzlement is employee theft. To establish a case for
embezzlement, the prosecution must typically show that there was a
fiduciary relationship between the defendant and the party who lost
the property; the property came into the defendant's possession
through that fiduciary relationship; the defendant fraudulently
assumed ownership of the property; and the defendant intentionally
misappropriated the property. The penalty for embezzlement is
generally determined by the value of the property that is
misappropriated.
Tax
evasion
Tax
evasion (26 U.S.C. § 7201. Attempt to evade or defeat tax) is one of
the more common types of tax crimes. Essentially, tax evasion is the
intentional and illegal avoidance of paying mandatory taxes to the
government.
There
are several different types of tax evasion. First, individuals can
evade income taxes by failing to file a tax return or making false
statements, such as fake deductions or not reporting income on a
return or writing off personal expenses as business expenses so that
they do not have to pay taxes on them. Another form of tax evasion is
an abusive trust scheme, which is a scheme in which one purports to
transfer money into another's possession, but actually does not do
so. The "transfer" cancels the taxes on the individual's
income. A third type of tax evasion is when businesses misstate
income or expenses. This can be done in several ways. First, with
respect to payroll, employers may keep tax withholdings for
themselves and pay employees in cash or file false payroll tax
returns. Next, it is possible for retail stores to find ways to avoid
sales tax, such as failing to report sales tax reimbursement
collected from customers.
Money
laundering
Money
laundering refers to the criminal practice of filtering "dirty"
money or illegally obtained funds through a series of transactions so
that the funds are "cleaned" to appear as if they were
proceeds from legitimate and legal activities. There are three
distinct steps in money laundering. The first is called placement, in
which the ill-gotten funds are moved or placed, through deposit, wire
transfer, money order or other methods, into a financial institution
such as a bank, brokerage house or insurance company. The next phase
is layering, in which the proceeds of criminal activity are separated
from their origin through the use of layers of complex financial
transactions so that tracing the origin of the money is difficult.
The third step is integration, which is the "cleaning" of
the money by using additional transactions to create the appearance
of legally obtained money by purchasing assets.
The
United States has several regulations aimed at curbing money
laundering, including the Bank Secrecy Act (12 U.S.C. § 1951 et
seq.), Money Laundering Control Act of 1986, The Annunzio-Wylie
Anti-Money Laundering Act of 1992, the Money Laundering Suppression
Act of 1994 and the Money Laundering and Financial Crimes Strategy
Act of 1998.
-Birdy
The
connection between drugs and crime is reflected in at least three
types of crimes:
- Drug-defined
crimes, such as the possession, use, or sale of controlled
substances, which violates drug laws.
- Crimes
committed by drug users to get money to buy more drugs or crimes
committed by persons under the influence of drugs.
- Organized
criminal activities, such as money laundering and political
corruption, in support of the drug trade.
The
decline in the crack market
Crack
has played a key role in pushing rates of violent crime up and down.
When crack arrived in New York City in 1985, it created a big market
for users and dealers. It was sold in small amounts that gave an
intense high that required users to constantly find more. Thousands
of unskilled, unemployed men from New York's poor inner-city
neighborhoods entered the crack business as sellers, and to protect
themselves from business competitors, they acquired handguns. Due to
the combination of the crack epidemic and the increased firepower of
more handguns on the streets, instances of violent crime surged
starting in 1985. Crime rates began to fall in 1991. The turning
point came when youths began to turn against smoking or selling crack
and police stepped up efforts to seize handguns from criminals and
juveniles.
A
deadly caution
Deadly
violence by young people remains a pressing problem. A Department of
Justice study shows that while the nation's overall homicide rate
fell in 1997 to its lowest level in three decades, the number of
firearm homicides by young people is still very high. The report
offers no explanation for this discrepancy, but criminologists point
to the spread of illegal handguns among young people that began with
the start of the crack epidemic around 1985 as a major reason for the
continuing high level of violence. The number of firearm homicides
committed by those in the U.S. who are 25 and older declined between
1980 and 1997, by about 50 percent. Those crimes committed by adults
ages 18–24 actually increased during the period by about the same
percentage. The 6,076 killings by this age group in 1997, though
fewer than the all-time record of 8,171 gun homicides in 1993, is
almost double the number reported in 1976, the year the FBI began
compiling such statistics.
Crime
is associated with drug use, but drugs usually don't cause crime.
First, only a small percentage of burglaries and robberies are drug
related. Second, studies of high-rate offenders show that many of
them began their criminal careers before using drugs. Most experts
agree that even if we could succeed in eliminating drug abuse, there
would be only a small reduction in robberies, burglaries, and similar
crimes.
The
amount of illegal drug use
The
1995 National Household Survey (which collects self-reported
information from 4,000 to 9,000 individuals each year) indicates that
drug use has declined but that illegal drug use among teenagers (ages
12–17) increased from 1990 to 1995. A second survey, the 1995 Drug
Use Forecasting (DUF) program (which collects urine specimens and
self-reported data on drug use from arrested persons) reports that a
majority of male arrestees in U.S. cities tested positive for drugs.
Drug
laws
The
first major drug law, the Harrison
Act
(1914), required persons dealing in opium, morphine, heroin, cocaine,
and derivatives of these drugs to register with the federal
government. The Comprehensive
Drug Abuse Prevention and Control Act
(1970) forms the basis of federal enforcement efforts today. This law
sets up five schedules which classify narcotic drugs according to the
abuse potential. In 1988, the U.S. Republican leadership stepped up
the war on drugs. It passed the Anti-Drug
Abuse Act,
which substantially increased the penalties for recreational drug
users. Other important federal drug laws include the Crime
Control Act
(1990) and the Violent
Crime Control and Law Enforcement Act
(1994). The former doubled the appropriations to state and local
communities for drug enforcement and created drug-free school zones
by increasing penalties for drug crimes occurring close to schools.
The latter provided $245 million for rural anti-crime and drug
efforts.
Alcohol
abuse and crime
Even
though the abuse of alcohol is rarely discussed in the same terms as
the use of controlled substances, alcohol abuse has serious
consequences for abusers as well as the criminal justice system.
First, alcohol is often a factor in the commission of crimes, drunk
driving being a prime example. Sometimes the use of alcohol lowers
inhibitions and leads to other, serious crimes, such as criminal
assaults. Second, the processing of alcohol-related crimes consumes
large amounts of criminal justice resources. For example, between
1970 and 1992 arrests for drunk driving soared 200 percent across the
United States. Today, police make about one million drunk driving
arrests annually, more arrests than for any other crime except drug
abuse and larceny-theft. In 20066 police made about 850,000 arrests
for public drunkenness, another crime related to alcohol abuse.
The
Federal Bureau of Investigation (FBI) designates certain crimes as
Part
I
or index
offenses
because it considers them to be the major crimes plaguing society in
the United States.
- Murder
is the unlawful killing of one human being by another. In 2011,
128,541 murders came to the attention of police departments in the
United States. First-degree murder is premeditated, deliberate
criminal homicide. Second-degree murder is an intentional killing
that is generally unplanned and may happen “in the heat of
passion.” Firearms are the weapon of choice in most murders.
- Forcible
rape
is “the carnal knowledge of a female forcibly and against her
will.” Statutory rape differs from forcible rape in that it
involves sex with a female who is under majority age. Forcible rape
is the least reported of all violent crimes. Estimates are that 40%
of all rapes are not reported by the victims.
- Robbery
is the unlawful taking or attempted taking of property that is in
the possession of another, by force or the threat of force. Guns are
fired in 30% of robberies, US wide. In Canada, Robbery is the most
prevalent of all crimes, followed by a variety of other property
associated crimes.
- Aggravated
assault
involves the unlawful, intentional inflicting, or attempted or
threatened inflicting, of injury upon another person. In an
aggravated assault, the perpetrator either uses a weapon or hurts
the victim so badly that the victim requires medical assistance. In
some States Assault has several definitions, where elements of
crimes are either more or less penalized, i.e., Assault 1st
Degree, Assault 2nd
Degree, etc.
- Burglary
is unlawful entry of a structure, vehicle, or vessel without force,
with intent to commit a felony. Now this also includes motor
vehicles, which was previously called “car prowl.”
- Larceny-theft
is the unlawful taking or attempted taking of property from the
possession of another, by stealth, without force, with intent to
permanently deprive the owner of the property. It includes such
crimes as shoplifting, pocket picking, purse snatching, and bike
stealing. Larceny-theft makes up over 50%of the crime committed
annually in the United States, making it the largest crime category.
- Motor
vehicle theft
is the unlawful taking or attempted taking of a vehicle owned by
another with the intent to deprive the owner of it. This definition
is not to be confused with Car
Jacking,
which is on the rise in all American States, but is almost
nonexistent in Canada, or Europe.
- Arson
is the burning or attempted burning of property with or without the
intent to defraud.
Sources
of Information on Crime
Two
sources of information, compiled by the federal government, provide
data on crime in the United States. The FBI produces its annual
Uniform
Crime Reports (UCR),
giving estimates of arrests and crimes reported to the police. The
U.S. Justice Department also conducts an annual National
Crime Victimization Survey (NCVS),
which is the product of an annual random sampling of households. The
Victimization Survey picks up crimes not reported to the police.
The
UCR
The
UCR reports Part I crimes in terms of both crimes known to the police
and arrests. Part I crimes are reported in terms of arrests. Part II
includes, but is not limited to, some victimless crimes. Since
citizens often don't report victimless crimes and police find them
difficult to detect, it makes sense to use arrest statistics for
information on this type of crime. During 1996, law enforcement
agencies made about 15 million arrests for Part II crimes. The
highest arrest counts were for drug abuse violations, larceny-thefts,
and driving under the influence, each at 1.5 million.
One
of the UCR's key features is the Crime
Index,
which is the sum of Part I crimes for a given year. In 1996, the
Crime Index was 13.5 million offenses. Nonviolent property crimes
made up almost 90 percent of the total number of index offenses.
The
crime
rate,
or the number of Part I offenses that occurred in a given area for
every 100,000 people living in the area, is calculated as follows:
total Crime Index divided by population multiplied by 100,000 equals
crime rate. The UCR also figures crime rates for specific crimes. For
example, the national murder rate in 1997 was 770 murders per 100,000
people.
What
does it mean when the official Part I crime rate increases? One or
more of three things can be happening:
- More
people are committing crimes.
- Offenders
have higher individual crime rates.
- A
higher proportion of crimes committed are being reported or
recorded.
An
advantage of the UCR is that it includes homicides in its calculation
of the violent crime rate (which the NCVS by its nature cannot). The
main disadvantage of the UCR is that much crime is never reported to
the police and never shows up in the UCR. Thus, UCR estimates of the
volume and rates of crime are always lower than the actual
frequencies of such occurrences because crime is subject to both
nonreporting by citizens and nonrecording by the police. Trends in
official statistics may be the result of changes in public reporting
and police recording practices, not of actual changes in the amount
of crime.
The
NCVS
The
NCVS is an ongoing survey of households that consists of interviews
with 100,000 persons in 50,000 households twice each year. It asks
residents of the United States about their victimizations from crime
and reports on rape, sexual assault, robbery, both simple and
aggravated assault, theft, household burglary, and motor vehicle
theft. It omits murder and drug crimes. The latter is an important
omission because a shift in criminal activity from an included crime
(for example, burglary or robbery) to drug dealing would appear as a
decrease in the overall crime rate when no actual decrease had
occurred. NCVS data reveal the following facts about crime and
victimization.
- The
actual amount of crime is several times greater than the UCR shows.
- Crime
touches about 23 million households in the United States each year.
- The
total personal cost of crime to victims is about $13 billion each
year.
- The
chance of being the victim of a violent crime is much higher for
young African-American males than for any other group of the
population.
- Violent
criminal victimizations are extremely rare events.
- Most
crimes against individuals are absorbed by the victims without
reporting them to the police.
Drawbacks
to this report are that some people may incorrectly remember events
as crimes that were not crimes and the high cost of door-to-door
interviewing.
Crime
Decreases
One
of the bigger myths about crime is that it is always increasing. The
2008 UCR shows that serious crime fell across the nation in 2007, the
sixth consecutive annual decrease. Violent crimes declined by 5 %,
led by 9 % decreases in murders and robberies. Property crimes
declined by 18%, led by an 18 % drop in arson. Similarly, the NCVS
shows that the number of violent crimes fell more than 11% in 2005.
Violent victimizations dropped from 13.9 million in 2004 to 11.9
million in 2005. Property crimes continued a 20-year pattern of
decreasing rates. Why is crime decreasing?
A
strong economy
The
booming economy of the 2000s has helped to reduce crime rates. It has
provided legitimate jobs to some urban young people who had worked in
the drug trade.
Changing
demographics
The
age distribution in the United States has been changing. In 1997,
more than 20 million people were between 15 and 19 years old. By
2007, that population group had dropped to 17.5 million. Similar
drops have occurred in the 20–24 age group, a group with a high
crime potential. Overall, the nation is aging, and older men don't
commit as much crime as younger men.
Police
manipulation of crime data
Senior
police officials around the nation voiced concern in 2008 that the
sharp drop in crime in the 1990s had produced pressure on police
departments to show ever-decreasing crime statistics. In 20088,
charges were leveled against police officials in New York,
Philadelphia, Atlanta, and Boca Raton for falsely reporting crime
statistics.
A
common thread running through many of the incidents of police
officials' alteration of crime statistics is that police commanders
responded to pressure from politicians, the media, and the public to
lower crime rates by downgrading felonies by intentionally
mislabeling felonies, such as aggravated assault and burglary, as
misdemeanors. Such a practice deflates rates of serious crimes and
inflates rates of non serious crimes. Experts say they believe these
incidents do not
mean that the nationwide drop in crime is illusory. They point to the
fact that victimization data, which are not subject to police
manipulation, indicate the same downward trend as the FBI's UCR.
Although laws are
being tightened all the time -- in some states more than others --
the practice of predatory lending is still flourishing. There seems
to be no official definition of the term and that, in many cases, the
process may actually operate inside the law -- it may be unjust and
unfair but it's not always illegal. Frequently, predatory lending
occurs in the housing market, charging high-interest rates and fees.
But you might encounter it with other kinds of loans, especially
those supposedly designed to help get you out of debt or provide a
short-term advance.
What
is predatory lending, exactly?
In a report issued a
few years back, the US General Accounting Office (GAO) explains it
involves "charging excessive fees and interest rates without
regard to borrowers'
ability to repay, refinancing borrowers'
loans repeatedly over a short period of time without
any economic gain for the borrower,
and committing outright fraud or deception -- for example, falsifying
documents or intentionally misinforming borrowers about the terms of
a loan."
That's quite a catalog of woes but, says the GAO,
there's no detailed statistical information on the scale of the
problem. However, there's little doubt that most of the victims are
among those who can least afford to be ripped off or those who don't
understand the processes, such as some seniors or immigrants. What I
also know is that over the past few years, a number of firms have
been forced to repay hundreds of millions of dollars for predatory
lending practices.
Typical
"tricks of the trade" include:
- Deceiving
borrowers by offering low interest rates that turn out to be
promotional terms that expire after a few months, to be replaced by
unreasonably high rates.
- This
promotional aspect is either not made clear or is hidden in the fine
print.
- Disregarding
predatory
lending laws (notably the Truth
in Lending Act) that require them to disclose the true
annual rate equivalent of a short-term interest rate. A 3% monthly
rate, for example works out at more than 42% a year.
- Offering
consolidation loans, then inflating rates and fees because the
borrower is considered a high risk. Sometimes, repayments are made
to appear low because the victim repays interest only -- never
clearing the debt.
- High rates
for high risk are not illegal but some consumer groups suggest they
often do not fairly reflect the increased risk.
- Requiring
borrowers to take out high-premium credit insurance in case they
can't make payments because of accident or death.
- These
policies often don't require medical checks, which is why they cost
so much, but the premiums (on which the lender earns commission) may
become part of the loan so victims can't see how high they are --
plus, they then have to pay interest on them!
- Persuading
borrowers to make untrue and fraudulent claims in loan
applications
to increase the likelihood of success.
According to
another GAO investigation, the number of complaints alleging
predatory lending and dubious debt-counseling has doubled since 2007.
Some of the firms identified in the study claimed to have religious
affiliations or to be part of government debt relief programs, in
order to enhance their credibility.
Steps
To Avoid Predatory Lending
If you plan to
borrow money, being aware that predatory lending practices still
exist is an important first step to ensuring you don't get snared by
the scammers.
Here are some
other measures you can take:
- Educate
yourself about the way interest rates are figured. You'll find a
number of online calculators that convert monthly interest rates to
annual percentage equivalents.
-
Learn what legal
protection your state has enacted. Most states do have their own
predatory lending laws, mainly relating to real
estate lending and so-called payday loans. Start with
your state government website (usually the name of the state
followed by ".gov").
- Check out
your would-be lender online, with a simple search. If they've been
operating illegally or inappropriately, others will likely have
already written about them.
- Be wary
about temptingly low interest rates. Often you'll find you don't
qualify or that the rates will quickly ratchet up once you've
signed. The old adage about "if it looks too good to be true it
probably is" applies here.
- Preferably,
work with known lenders that have an established reputation -- or
seek recommendations from a reliable advisor or family members.
- Never agree
to make an untrue statement on a loan application.
- Never sign a
blank or incomplete document that a representative says they will
fill in later.
- A useful
stepping-off point to learn more about this subject and predatory
lending in general is Americans
for Financial Reform, an independent coalition of national and
state organizations.
- No matter
how much we improve our laws, some people will always be desperate
enough to fall for lending con tricks or high interest rates.
- But by
heeding our advice, talking to reputable and existing lenders, and
discussing your needs with family and trusted advisors, there's no
need for you ever to fall victim to predatory lending.
Always
Remember:
Once a scam is successful with a few victims, it catches on like a
wild-fire, and pretty soon everyone will be fooled before the proper
authorities closes it down. Your money is what crooks and other low
life pond scum want, even using children to get into your pocket
book, if you suspect that something is “just not quite right”
don't do it!
-Birdy
Americans spend more than $700
million a year on olive oil, but most of that may be money down the
drain because of a big-time olive oil scam. As much as two thirds of
the high quality olive oil we buy -- and maybe even more -- is not
what it says on the bottle. We're being duped into paying premium
prices for a poor quality product that may contain little or no olive
oil at all. And even if it does, it likely won't be of the quality
you think you're paying for. A book published late last year lifted
the lid on the great olive oil scam but it's been known for years
that, knowingly or unknowingly, the people who sell the stuff to us
may be offering a phony product. For example, a report produced in
2010 by UC-Davis found that more than two thirds of common brands of
extra virgin olive oil being sold in California were nothing of the
sort.
Sellers
of inaccurately labeled oil included one of the biggest names in
grocery
retailing in
the US, though there's no suggestion the store chain knew of the
deception. In fact, of the dozens of stores whose sales were
analyzed, only six were selling the genuine product.
There are actually hundreds of
varieties of olives but only a few main classifications for olive
oil, including:
- Extra virgin, which is
literally the "juice" of freshly picked olives. It is
produced by pressing or a low heat process but, importantly, does
not use chemicals of the type employed in the refining of other
oils.
- Virgin olive oil,
produced the same way but comes from riper olives or a second
pressing, though it is still wholesome.
- Blends -- sometimes
referred to as "light" or "pure." That they may
be, but they include "refined" olive oil, which usually
means some or all of it has been chemically processed.
- Poor quality oil, known
as "lampante," using the Italian word for lamp oil --
considered unfit for human consumption -- which may be derived from
old, rancid olives, often ones that have been lying on the ground
for some time, and likely has been chemically processed.
In fact, lampante often turns
up in olive oil mixtures. But, if the oil is phony, it's just as
likely to contain mainly a cheap seed oil like sunflower oil.
Just last year, two Spanish
businessmen were jailed for selling supposed extra virgin olive oil
that was, in fact, 75% sunflower oil. And in 2007, some 10,000 cases
of labeled olive oil seized by US law enforcement officers were found
to contain only soy oil. The popularity of olive oil is due to its
supposed health giving properties; it is, after all, the only oil
produced in any quantity from fruit rather than nuts or seeds. And
the reason for the olive oil scam is simple -- money. Growing,
nurturing and harvesting quality olives is an expensive business. So
if you can pass off cheap substitutes as the real thing you can make
a lot of money. This is the theme Tom Mueller picks up in his book
"Extra Virginity: The Sublime and Scandalous World of Olive
Oil."
He says that producers are
being forced out of business because of the olive oil scam, since
they can't compete with the low prices of the phony product.
"The honest people are
getting terribly undercut," he said in a recent NPR broadcast.
"There's a huge unfair advantage in favor of the bad stuff. At
the same time, consumers are being defrauded of the health and
culinary benefits of great olive oil."
The crooks and even legitimate
producers have many ways to fool the public, apart from simply lying.
For example, labels might
imply the oil was produced in Italy when, in fact, it was only
bottled there, having been produced say in Africa or the Middle East
-- not that there's anything wrong with those sources, but implying
the oil is from Italy enables suppliers to charge a premium.
Sometimes, the real source may be declared, but buried in the fine
print on the label. Furthermore, strict labeling requirements and
quality checks in Europe are driving the olive oil scam across the
Atlantic where disclosure rules are less stringent. Bad or rancid
olive oil does not have the antioxidant and anti-inflammatory
elements of olive oil, says Mueller, adding:
"What (good olive
oil) gets you from a health perspective is a cocktail of 200-plus
highly beneficial ingredients that explain why olive oil has been the
heart of the Mediterranean diet," he says.
"Bad olives have free
radicals and impurities, and then you've lost that wonderful cocktail
...that you get from fresh fruit, from real extra-virgin olive oil."
So, is there any way you can
tell if you're the victim of an olive oil scam, or even whether
you're being intentionally or unintentionally misled by the labeling
on a bottle? Well, first you can download that UC-Davis
report, and learn more about the content and flavors that
contribute to the olive quality - as well as seeing which stores were
selling what! Second, you can read the transcript
of the NPR interview with author Mueller.
Here
are 8 more tips:
- Be suspicious of anything
described as extra virgin that costs less than $10 a liter. It
likely isn't the real thing (although some prices come close).
- Look for the seal of the
International Olive Council (IOC) on the label (though, of course,
crooks can forge this). Not all products have the seal, but it's a
good sign if it's there.
- Look for a harvesting
date or description on the label, rather the same as you find on
wine labels. If there's a date and/or harvest description, it's
probably genuine (though, again, this could be forged).
- Educate yourself more
about olives at the International
Olive Council site.
- Understand that anything
labeled as "light" or "pure" olive oil likely
has been processed and is not "virgin" quality.
- Opt for
California-produced oil. It's less likely to be part of the olive
oil scam than something from Italy or other countries.
- If you're able to smell
the oil before you buy, do so. "It should smell fresh and
fruity, without any hint of mustiness," says Mueller.
- Shop for oil in dark
bottles. A lot of genuine extra virgin oil (excluding the big
grocery stores' own brands) is bottled this way to protect the oil
from harmful sunlight.
Now I don't want to suggest
that products that fail to meet the requirements we've listed are
necessarily phony. It's just that, on balance, you're more likely to
get a genuine product by following these guidelines, sidestepping the
possibility of an olive oil scam.
Summer's
here -- and so are the summer jobs scams that go with it. And the
bad news is that the further we get into the season, the more likely
a temporary
job offer
will turn out to be a scam. That's because many legitimate summer
vacancies have been filled by now. Scammers know this. And they know
that students and other temporary
job
seekers are
more desperate to find that elusive employment. Several state
Attorneys General have already issued warnings about summer jobs
scams and, sadly, the media are full of stories about victims who
have either lost a lot of money or have given away personal
information that can be used in identity theft.
Here's a rundown of the most
common summer jobs scams, how to spot them and actions you can take
to avoid getting caught out.
Advance
Fee Scams
This is a variation of the
well-known check cashing and money wiring scam. In this case, the
trick involves receiving a check in connection with a job you've been
offered, with a request that you cash it and wire part of it back to
the sender or to a third party. This year, to make the job and the
check seem more genuine, scammers have taken to passing themselves
off as belonging to a religious organization -- notably a pastor
traveling around the country -- or summer camp organizer. Victims
get a worthless check to cover services they're supposed to perform,
like booking venues or events, and must wire the cash to the supposed
service provider.
They deposit the check in their own bank account,
withdraw some or all of it and wire the cash to the "provider,"
who is, of course, the scammer. The check bounces and the victim is
out the amount of money they withdrew.
Payment
Requests
There have been numerous
reports in the past couple of months of bogus employers seeking a
payment for drug tests, job uniforms, credit record vetting and other
supposed expenses. This may be for a relatively small sum -- $50 is
common -- but job seekers who pay by credit card may also leaving
themselves open to...
Identity
Theft
All
sorts of ruses are used to try to fool job
applicants
into giving up personal information.
For
example: Providing credit card information for the sort of payments
outlined in the previous item, or simply requesting bank account
details and Social Security numbers in
application forms
or phony job
offer
letters.
Recurring
Phone Charges
This is a real sneaky summer
jobs scam. Victims are invited to complete an online application
form, which includes a request for a cell phone number. Hidden in
the fine print -- or maybe not disclosed at all -- is the fact that
what you're really doing is signing up for a monthly subscription
service like ringtones or jokes.
Work
from Home Scams
This is probably the most
common type of job scam. Most of the bogus jobs on offer this summer
include forwarding of illegally-obtained goods ("mule"
scams) and refund claims (often a variation of the advance fee scam
mentioned above).
Doorstep
Selling
Students are a popular target
for phony door-to-door sales of magazine subscriptions and artworks.
You may actually receive
payment in the form of commission to keep you innocently working for
the crooks, but you could be selling non-existent products and become
entangled with law enforcement.
Telltale
Signs of a Summer Jobs Scam
Here are 10 signs that suggest
a supposed summer job is really a scam:
- It looks like easy money
-- the pay seems too good to be true.
- The
offer is unsolicited -- you haven't even advertised your services or
posted on a job
site.
- The "employer"
doesn't seem interested in your qualifications or background. They
don't ask for references or details of past experience.
- The
job
description
is vague. If you ask questions or seek more details, you don't get
them.
- The "employer"
refuses to meet you and you have no contact details beyond, maybe, a
cell phone number.
- Their email address is
generic -- that is, it comes from the likes of Gmail, Hotmail or
Yahoo!, rather than from a company.
- You're asked to provide
personal information at a very early stage of the recruitment
process.
- The job description or
offer is written in poor English, with spelling and grammar
mistakes.
- The "employer"
claims to be either out of the country or traveling around.
- You have to pay some kind
of expenses upfront.
How
to Avoid a Summer Jobs Scam
Being wary of the points
outlined in the previous section should provide you with a firm
foundation against being scammed with a bogus job offer.
Four other things you can do
are:
- Check out the supposed
employer carefully. Having what appears to be a legitimate website
means nothing. Try a search using their name and the word "scam."
Ask for a full address and landline phone number plus contact
details of other employees.
- Simply don't pay in
advance for anything. Most, if not all, genuine employers would
never ask for this -- and certainly not until the final stages of a
job offer. And never, never, never wire payment to someone you don't
know.
- Don't
supply personal information until you've had a job offer AND you're
100% sure it's genuine. Don't include personal contact information
in a job-wanted posting -- instead use a service where replies have
to come through the jobs
board.
- Read the fine print on
any application form or job contract you receive.
Do these four things, look out
for the telltale signs we have listed, and you should be well placed
to defend yourself against summer jobs scams.
Footnote
warning!
Tens of thousands of people
have fallen victim to a recent identity theft scam that claims a
Government stimulus program will pay your utility bills. Victims
receive an automated phone call asking for personal information
including Social Security Numbers. They subsequently get a check in
the mail, which prompts them to tell their friends about it. The
check bounces, but by then their friends have already been roped in,
which is why the scam has spread like wildfire.
Be forewarned -- and let your
friends know: There's no such utility bills stimulus
program.
There
are hundreds of things you might do to protect yourself from scams
and, as some of my loyal readers know, it seems not a week goes by
that I don't see a scam in process. In fact, there are so many it's
very difficult to remember them all. But what if I could distill all
that advice into just a few "golden rules" that would
pretty much guarantee you won't get caught in a scam? That's what I
have set out to do here -- boiling down the lessons into just these
tips, viz., golden rules to protect yourself and others from
becoming a victim of the myriad of scams going on today, so read on!
Before
I start though, it's important to point out that sometimes, by
following them, you may end up rejecting perfectly honest approaches
and very good opportunities. My aim is to keep you out of trouble.
And, if you observe these rules to protect yourself from scams,
adding just a dash of common sense, you'll almost certainly do that.
Don't
buy or invest in something that seems too good to be true
It's
one of the oldest tricks in the book -- offering a beautiful bargain
that seems almost irresistible. Sadly, these days, you can't even
trust someone you believe you should -- whether that's a "friend,"
a relative or an investment adviser. They may be up to no good or
they may have been scammed themselves.
Exception:
A seller you know well.
Don't
accept that someone is who they say they are
Don't
allow someone, whom you didn't request or invite, to come into your
home. Do not open your door! Even if someone phones to arrange a
visit, always find or check their number independently. Or if someone
on our doorstep says it's an emergency -- like the need for a
bathroom visit or to make an urgent call. Do not let them enter your
residence! Wherever you encounter them, remember that an
introduction, or a business or identity card proves nothing. Nor does
a vehicle with a name on it. Or a phone call that sounds like it
comes from someone you know.
Don't
spend money to get or earn money
This
applies, for example, to lotteries, other supposed competition wins
or inheritances, and people claiming they want to share money they
won or found. Don't pay in advance for debt restructuring, job
"opportunities" or promises of tax savings. Don't pay for
training "kits" or supplies for work-from-home programs
unless you know, for sure, they work. This is another very old scam.
Don't
buy/rent from someone you don't know or haven't checked out
This
may seem harsh but it's especially important when making an online
purchase. There are so many phony websites, door-to-door traders,
contractors, directories, home rentals, etc. It's a simple matter to
check them out in the phone book or by doing a Google, Yahoo! or Bing
online search on the company name. Seek references. What do others
say about them? And NEVER give any card information to strangers,
unless you have checked them out, even if they seem legitimate, don't
do it!
Protect
yourself and your confidential information
Don't
give it out in response to an inquiry that you didn't initiate. Use
services like PayPal,
one-off credit card numbers (from your card provider) and prepaid
debit cards to limit your exposure to card fraud. When buying online,
check for "https" in the address line. If that "s"
is not there, don't give any information and don't buy. And leave
your Social Security card and unneeded credit/store cards at home.
There is always a chance that someone, somewhere will appropriate one
of your unused credit cards or a piece of your identification. Woo
is he who carries with him stuff that he does not need.
Don't
make hasty decisions
No
matter how persuasive an offer seems or how much a rep insists you
need to agree on a deal now to get a discount, don't do it! Never
agree to buy something on the spot, especially at your front door or
in response to a telemarketing call. An honest person would allow you
time to think over an offer. An exception might be an advertised
limited-time offer, but even some of these are phony. Always be sure
that you know the seller, even them take time to consider the
merchandise before making an 'on the spot' decision. Caution is the
best policy.
Only
donate to charities you know
Don't
give money to panhandlers or doorstep collectors. Don't donate to
store collection boxes or "tin-rattlers" unless you know
for sure their cause is genuine. I encourage you to donate to
charities but send your money directly to them, and then only after
checking them out. Remember that scammers will do almost anything to
get at your hard earned cash, including stooping so far as forming a
bogus charity.
Use
reputable security software on your PC and keep it up to date
Opt
for products with "Internet Security" or similar wording
rather than straight anti-virus programs -- and preferably ones that
integrate with your web browser. Regularly check that you're using
the latest version and that it automatically updates its malware
definitions, such as Norton,
which I highly recommend. Ignore pop-ups and other warnings
that your machine is infected that don't come from this program. And
never pay more money in response to such warnings.
Don't
click on links and attachments in unsolicited, unchecked messages or
social networks
You
can't trust the sender or poster, even if you know them. I am sure
you'll be tempted to do so sometimes but if you absolutely want to
avoid all risks, just don't. Otherwise, if you really must, or it's
something like an e-card greeting, write to the sender and confirm
they sent it before doing anything else. Remember, a scammer would
like nothing better than to get at your personal information – even
on your own computer, programs like keylogger, mertz, and granheim,
can be loaded into a simple message or link, implant itself on your
computer... Need I say more?
Never
wire cash
Unless
you're sending money to someone you know, don't use electronic cash
transfer services. And never send partial refunds from "overpayment"
or "secret shopper" checks you received.
Oftentimes
scammers target children, seniors or other vulnerable people. If you
have such people in your family, do everything you can to make them
aware of the risks, and to protect them. First, as I always advise,
you can avoid most scams just by being a natural skeptic. Start from
the position that what you're being told or offered, or the web page
you landed on, might be a scam; that way, you'll actually spot most
of them. Then, assume that the more a person tries to convince you
it's a great deal, the more likely it is a scam!
As
I have said, some of these rules might seem a little harsh and you
might want to temper them with a little bit of common sense. But be
warned: The more you do, the more likely you are to become a scam
victim. To truly protect yourself from scams, play it safe! Caution,
it seems, is the best advice that I can give you.