Unsolicited bogus checks not being prosecuted|[9/22/06]
Published 12:00 am Friday, September 22, 2006
Checks sent to some Vicksburg residents have actually been worthless – but if banks have honored them, the residents are not being prosecuted.
The unsolicited checks claim to represent prizes or lottery winnings but are, in fact, outright fakes.
“These checks come in waves, and people may or may not know these are fraudulent,” Warren County Assistant District Attorney Mike Bonner said.
He went on to explain the standard of proof to get a conviction for fraud by depositing or cashing a bad check.
“We have to prove the person knew it was fake and, so far, we haven’t been able to do that,” Bonner said.
Capt. Mark Culbertson, the Vicksburg Police Department’s chief of detectives, said that’s a problem because people might be encouraged to cash fake checks knowing they may not face jail time.
“We have sent some of these cases to the DA, and he sends them back to us and says he can’t prove the person knew the checks are counterfeit,” he said. “We’ve got stacks of them because people are going to banks and cashing these checks.”
Culbertson said cases involving bad checks are now sent to the U.S. Secret Service.
Many of the checks are written for about $4,000 or $5,000 and are accompanied by bogus letters from lottery corporations instructing recipients to cash the checks, send a portion of the money back to the senders and keep the rest.
At least two financial institutions here have cashed them, said Culbertson, who finds it hard to believe people don’t know they’re becoming part of a scam.
“You need to realize you don’t get something for nothing,” he said. “Some of this stuff is written so poorly that anyone with a grade-school education could figure it out.”
Still, people are attempting to cash the checks and, if they do, are complying with instructions to send a “rebate.”
“We have people with good money sending it to places like Bangladesh, Beirut and London,” he said. “They don’t even take the time to call these banks to see if they exist.”
Trustmark Bank and Mutual Credit Union, Culbertson said, have honored fraudulent checks, but may or may not have had losses.
“Some of the banks, if you open accounts with (the checks), will hold the funds until they clear,” he said. If they turn out to be bogus, then no withdrawal can be made.
“At other banks, people will open accounts and almost immediately draw the funds out,” Culbertson said. “That proves people know the checks are fake.”
Culbertson said in April, Vicksburg police arrested a man they say received a $4,795 check from Ontario Lottery and Gaming Corporation. He deposited the money at Trustmark after opening an account and was charged with forgery, Culbertson said.
“But there was no evidence a crime was committed,” Bonner said.
Culbertson said he thinks the promise of money – even fake money – is too tempting.
“Maybe greed just overwhelms them,” he said. “Some of these people are so greedy, they cash the check and keep all the money. But a small percentage of people actually do send a part of the money back.”
A public relations representative from Trustmark could not be reached. Betty McAlister of Mutual declined comment.
Some of the bogus letters filed with Vicksburg police are from “The National Lottery,” “Austrian Lotto Corporation,” “International Lottery, Inc.,” “G.S.S. Financial Inc.” and “Citi Finance.” Some of those may be legitimate firms, whose names and logos have been pirated.
Culbertson said people who receive suspicious checks and letters should forward them to Vicksburg police or call 601-636-2511.