2009-08-02

Two Wolves And A Chump: A Fraudulent Business Venture Lands Man In Jail

If you're sleeping at the switch, or want something so bad (usually for most people that would be money) to the point of clouding judgment, you're vulnerable to immoral hacks, hustlers and criminals.

What follows is a true story about how innocence and ignorance are not a good combo in the face of fraud.

Someone close to the family, let's call him Max, was sentenced to 10 years in prison for his (unwitting) part in fraudulent activity in the United States. In a nutshell, while on vacation in the U.S., he befriended two men. Soon enough, a rapport was established and he was offered a partnership in a business venture in computer equipment.

Flag 1: Two men you barely know in a foreign country offering you a part in a lucrative business should raise your defense mechanism.

Looking for a chance to make a quick buck, Max did no such thing and jumped head first into it. The two men found their pawn - or fawn. They told him to not worry about anything; that they were well capitalized. All they needed him to do is cover a couple of things.

Flag 2: When two strangers start telling you specifics on how to open a bank account or register something, in this case he was told to make sure the account was 10 years-old, it might be wise to walk away.

Following their instructions, the plan was executed. Essentially, they were to sell equipment they never owned to companies in order to pocket the money. Unknown to Max but discounted in the minds of the criminals (which is why they're, well, criminals and needed a fall guy) was that the FBI was monitoring the situation. I don't know what led them to track these guys but they were.

Next thing Max knows - BUSTED!

Max truly believed he was getting involved in a legitimate business. Max wasn't all that successful in his life and was pushing 50. I assume he felt this was his last shot at financial glory. Interestingly, his father-in-law (not exactly the most moral of guys himself) is wealthy enough to support his three children and their entire families. I'm sure this was all fine and dandy to Max but he obviously wanted to do it on his own.

A court date was set, and the trial ensued. By now, Americans know that Max was as good as toast as Americans take fraud (and crime in general) extremely seriously. Canadians have grown accustomed to a more lax justice system. It should not surprise people most believed there was a chance he could get off seeing he was used extending the logic to he being a victim of fraud himself.

In the present immigration climate in the U.S., Max was easy pickings for the prosecutor. Max was painted as an illegal foreigner who came into the country to steal money off the backs of good, hard working Americans. Next thing he knows, he's sentenced to 10 years in jail.

Which brings me to the question of whether justice was served. I'm not sure. I may be wrong but the analogy of arresting a drug user as opposed to the pusher strikes me as appropriate here. Sure, Max was stupid for what he did and deserves to pay the price (we're all accountable for our actions) but the fact that the two ring leaders were never to be found and presumed to have escaped, makes me wonder if any message was truly sent.

They didn't nab the bad guys, instead what they got was a fool. Which makes them look like fools in the eyes of criminals.

Now Max leaves behind a wife and three children back home. A sad story indeed.

5 comments:

  1. A) I agree your Max was stupid.
    B) the story tells a lot more about what the USAers call a justice system than about Max.
    Yesterday I got an Email from Microsoft Online Foundation for the fight against poverty. I had won 1 million pounds (British that is) at a random draw of Email addresses. All I had to do to get my cheque was to send my home address, phone number, age, sex, and Email address, inreply mode to the Email.
    Simple enough...but I will not collect, stupid me.
    Googling the thing I got refered to a web page in Benin, a nice warm African country.

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  2. Those spam emails are impossible to legally defend against. All you have is your intelligence.

    As for the U.S. justice system, imperfect yes, but here in Canada it seems we take nothing too seriously: think about our laws against drunk driving, think Karla Homolka, think about activist judges over turning a parents punishment for their kids. In a similar case, our laws against fraud are weak.

    So, like public health, I would think twice about bragging about it.

    I know you weren't but I'm just musing about it.

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  3. No our system is not perfect and needs some overhauling from time to time. But at least we don't have judges up for reelection every 4 years as down there up to a certain level.

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  4. Is it not better to elect judges?

    What are the pros and cons?

    I have to think about this.

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  5. For one thing an elected judge has to please his electorate and his financial backers for his campaign. They con't come cheap. The conflict of interest situations are multiple especially in smaller communities.
    A life nominated judge, once installed has no one to keep on pleasing. He has to watch his behaviour if he does not want to be sanctioned by his peer review board. We have very well known judges who have been and who either resigned, took early retirement or awaited to be fired outright. But their demise did not come from a frustrated fickle electorate or because their campaign funds had dried up because mister so and so had been fined or got a decision he did not like.
    Such a thing is called Judicial Independance.

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Mysterious and anonymous comments as well as those laced with cyanide and ad hominen attacks will be deleted. Thank you for your attention, chumps.