Questions about 419 Scam Emails

419 scams happen every day. Many do not know what a 419 scam is and what the implications are. Simply put, a 419 scam is an attempt to steal money from people based on the premise that extra money will be gained if they advance a small amount of money. Many of the 419 scams are initiated through email. Below are the top 419 scam questions answered by the Lawyers on JustAnswer.

What is a 419 scam?

Fraud is the act of acquiring something from someone through deceit. It is a material misrepresentation of fact that is known to be false by the person making the misrepresentation, and intends the misrepresentation will be acted upon out of ignorance about the falsification. A 419 scam is a type of fraud and involves paying an amount over cost for an item at an auction site, or an attempt to steal money from people based on the premise that the person will gain extra money if they advance a small amount.

If a 419 scam case was dismissed by a criminal court, can the bank still sue?

When a 419 scam case is dismissed by the criminal court, the bank would still have a CIVIL claim (conversion, breach of contract, etc). The bank would then try to collect through a civil court. If they feel they have a valid claim, you will need to go to a civil trial to determine if you are liable or not. The burden of proof in a civil suit is not nearly as high as in a criminal suit.

In a 419 scam case from Nigeria, would it be better to cooperate or refuse comment to Corporate Security?

Every citizen is morally and legally required to cooperate with corporate security and provide whatever information they later seek. That may include providing records, testifying, providing sworn affidavits, etc. However, each situation may not be simple and you may need legal counsel if your statements are likely to implicate you. To understand your legal standing in a 419 scam case, a first step could be to ask a lawyer on JustAnswer and seek expert legal insights.

Can a victim of investment fraud/419 scam write off the money lost as either investment fraud or loss/theft?

The loss of a 419 scam victim is considered to be a personal casualty loss. You may deduct losses (subject to limitations) in the year in which you discover the loss. However, no deduction may be possible if the loss is subject to reimbursement or if there is a reasonable prospect of recovery. Further, you may only deduct property in which you have a tax basis. Thus, if the money you lost was part of pre-tax assets (i.e. you deducted the contribution to the 419 plan) you may not deduct the loss.

I have been sent a letter by a British law first asking me to send money. Is this a 419 Scam?

There are numerous 419 fraud scams out of Nigeria and other West African countries using fake British law offices. This could be a type of a 419 scam. If you are being asked to send money to anyone you don't know personally, then you should check with the Better Business Bureau or the FBI before doing anything. If you have more 419 scam questions the bring your questions to criminal law Experts on JustAnswer.

Many 419 scams originate via email. Never send money to anyone if you do not know the validity of the email. If you have further questions about 419 scams or are not sure whether you could be a victim of a 419 scam, it would be wise to consult experts before. A quick and affordable option is to ask a Lawyer on JustAnswer.