Or the famous wife whose husband has died of cancer and now she is
suffering from testicular cancer.
Stewart
At 10:14 PM 3/20/2008, you wrote:
I have two technical legal points to make about dealing with this scam:
1. If you are ambushed or blind-sided by the appearance of the
cashier's check for MORE than the amount of the sale, that is, they
led you to believe the check would be for $5,000 (or whatever the
cost of the goods sold, for example), but when you open the
envelope, the check is for $8,000, you may adopt the position, for
at least as long as it takes to determine whether or not the
instrument is valid, that it is a gift received in the mail. Had
you received a $5,000 check, as you discussed, then that would not
have been a gift when it arrived. But, since you never discussed
the $8,000 check, use the USPS regs and statutes to call it a gift,
because, absent a prior bona fide business relationship with a
sender, anything you get in the mail that you didn't order or ask
for is a gift. That absolves you of any duty to send anybody
anything, on account of it. If the $8,000 check arrives, and is
accompanied by a writing saying how the additional $3,000 is to be
handled, then that might also make it not a gift, but you are then
free to send the whole thing back to the sender and say that this
additional transfer of funds wasn't part of the deal. Either of
these actions by you (calling it a gift and doing nothing, or
sending back the check with the overage amount) will reveal the
true nature of whoever is on the other side.
2. A forged check is NOT subject to the collection and
funds-availability of a genuinely-negotiable instrument. Just
because YOUR bank puts eight grand into your account after 3 or 5
days, as the case may be, doesn't mean there is a way for a forger
to know that. That is, if you deposit the check, and your bank pays
it, but you tell the buyer that your bank is still holding it for
collection (if you say something like, "The funds are still being
held by my bank, because there is some question about the authority
of the drawee bank [the bank on the face of the document; you could
also use the term "payor bank"] to pay the instrument," that will
be the absolute truth), only the honest buyer will have a bank to
go to ask if that check has been paid or not. Therefore, repeated,
and ostensibly-patient, inquiries by the buyer, over time, may be a
signal to you that there is no bank on HIS end with whom he can
check. Mutatis mutandis, if YOU were the buyer, and YOU sent
someone a REAL cashier's check, and your seller kept telling you
that his bank hadn't released the funds, yet, wouldn't YOU go,
sooner rather than later, to YOUR bank and see if it had been
presented through the clearinghouse? If he is a forger, you can
even smoke him out by saying, "Why don't you go to, or call, YOUR
bank, and see if they have been getting the inquiries from my bank,
and then get back to me and tell me what they say. Better yet, get
me a phone number of someone at your bank that the people at my
bank can talk to. I think that's the best way to clear this up."
3. Is there anyone please,on the list thast will help me to
move SIXTY-SIX TRILLION DOLLARS USD$ out of the country. My wife
she was the queen ,and these was her monies, but she was
assassinated dead, and now they want to kill me, too. And I am in
hidding. I am prepared to pay a goodly portion of these money to
whoever help me, TWENTY PERCENT (25%). I pick you because of your
upstanding character, honetsy and very large instrumentality. It is
well-known, even in my country, where I was the Minister of
Accounting and Treasuries. If this noble entreaty appeal to you and
you can be of your glorious and merciful assistance, then kindly to
be sending me please your credit card and bank information right a way.
Bob
Hey, yo, hepty-doop!
OK
End
--
No virus found in this outgoing message.
Checked by AVG. Version: 7.5.519 / Virus Database: 269.21.7/1335 -
Release Date: 3/19/2008 9:54 AM
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Rev. Stewart A. Marshall
mailto:[EMAIL PROTECTED]
Prince of Peace www.princeofpeaceozark.org
Ozark, AL SL 82
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