|
D
o you believe that someone has used your love and trust in order to
steal your money? Did they claim they loved you, would marry you,
take care of you, start a business with you - and all you had to do was
provide the financing for everything? Did they disappear overnight
or just walk out on you after you ran out of money? Did they
refuse to pay back any of the money they received, claiming that you
gave it to them willingly as a gift? Did you learn after they left
that they were involved with another person at the same time they were
promising you the world and taking your money? Then you are the
victim of a sweetheart scam - a growing epidemic of fraud that is fueled
by the anonymity of the Internet and the laxity of law enforcement to
prosecute when a "friend" steals from a friend.
CUFF helps victims of sweetheart scams obtain
justice by providing information that can be used to prosecute or sue
the thief. We have worked with thousands of victims, some of whom
have successfully convinced the police to issue criminal charges against
the person who stole from them.
Some of the victims we have worked with have
learned how to sue the thief pro se (representing themselves in court),
have obtained civil judgments and have collected their money by levying
the thief's bank account, garnisheeing paychecks or having the sheriff
seize personal property. Some of the victims have been able to
gain the emotional strength to fight back through e-mail and phone
support from CUFF victims who have volunteered to share their
experiences and time with other victims.
Your journey to justice may be rocky and at
times very discouraging, but there is justice if you persevere.
Review the links and information below and if you feel you still need
additional help or have questions, contact CUFF in the Contact
form.
If you need assistance with a specific
case, complete a
File
a Fraud Report.
|
| WHAT
CUFF CAN DO TO HELP YOU |
*1 First,
we will run a background check on the person in order to
determine whether or not there are outstanding warrants, civil
judgments, bankruptcies, aliases, multiple social security
numbers, real property owned, etc. This is essential when
beginning an investigation because you obviously do not know the
person well or certainly not as well as you thought you
did...and you must learn who they are and what they have done in
the past in order to know what to do about the fraud. You
may be shocked to learn that the person has an outstanding
felony warrant or multiple civil judgments for fraud. This
information would benefit your case if you attempt to file
criminal charges with the police. If you sue, it will help
you determine what assets they may have.
The fee to run the background check
is $59.00 which is used
to fund CUFF's work with victims and law enforcement.
Order a Background
Search to begin the
research process..
*2
Once we complete the background
check, we will e-mail the results to you within three
days. If it is apparent that the person is using multiple
identities or has questionable gaps in their address history, we
will recommend what should be done to expand the
investigation. If, however, it is clear to us that you are
dealing with a con artist who is on the run, we will take your
case for free and begin the process of hunting down the person
and working with law enforcement.
*3
If any kind of warrant has been
issued for your con artist, including non-extraditable warrants,
and/or if you have obtained a civil judgment against the con
artist, we will enter the person in the
CUFF
Fugitive Database at
no charge so others can help you find him. Fugitives in
the CUFF database can be searched with over 45 characteristics,
which makes it virtually impossible for a fugitive to hide
behind an alias or a mustache. If you have a photo, we'll
include it. Thanks to law enforcement, victims and
concerned citizens, the fugitive database currently contains
over 900 fugitives and is growing daily.
CUFF has successfully
located EVERY fugitive we have actively tracked, and we
have put many of them in jail. We have helped victims
learn the true identity of the con artists who stole from them
and most of them turned out to be fugitives with warrants for
fraud. View our
Success
Stories
to see some of our
successful efforts.
If you already know the person has an outstanding warrant or
criminal history, you can Submit
the Person to the CUFF Fugitive Database
for free. Let others help you find the person and help
forewarn other victims by taking the few minutes required to
enter the person in the database. When you enter the
information, it is not searchable on the Internet until CUFF verifies it in court documents or with law enforcement and
your personal data is never available to anyone unless you
authorize it.
*4
If you want to sue the
person civilly, go to our
Get
Even Legally
page to see an overview of
the options available to you. You can sue in small claims
court without an attorney even if it is far less than the money
owed. If the thief does not have assets and therefore
going for the full amount lost is financially impractical, it
may still be worth it to sue in small claims court in order to
obtain a judgment that will give you the power of
subpoena. If there are warrants for the person, these
subpoenas can be used to find the person and then turn them into
the police. Once you obtain a judgment, Submit
the Judgment to the CUFF Database. Winning
a judgment will also give you the power of subpoena to obtain
the defendant's cell phone bills, utility bills, bank account
records, credit report, etc. This information can help you
find the defendant and determine what assets are available to
seize.
*5
You should also enter your
civil judgment in the
Internet
Civil Judgment Registry. The
ICJR will send the defendant a letter advising that the
judgment against them will be entered in the Internet
Registry if payment is not made within 30 days. The
Registry database can be searched by anyone for free. You can
include your contact information with the judgment so that a
searcher can inform you of the whereabouts of the defendant or
you can use the Registry's contact information and they will
contact you with any tips.
*6 You
can also enter the person who defrauded you in the Internet
Swindlers Database, a
proprietary database that is not searchable on the Internet and
your personal information is not available to anyone. This
database is for con artists who do not have a criminal record,
outstanding warrants or civil judgments and therefore cannot be
entered into the CUFF Fugitive
Database. If you believe
the person who defrauded you really is a con artist who will
continue to swindle others, enter the information about the
person in the Swindlers Database so that it can be matched
against con artists already in the database and those entered
subsequent to your entry. CUFF will contact you via e-mail
if we make a match so that further action may be taken. At
that point you may wish to contact the other victim(s) to see if
collectively you can convince law enforcement to charge the
person. If evidence is clear that this person is a con
artist, CUFF will work for free with you to obtain justice.
* 7
If
you don't believe the criminal justice system is equipped to
handle the growing epidemic of fraud,
Join
CUFF,
America's fastest growing grassroots anti-fraud movement that is
working to change the laws and social attitude which have
contributed to the laxity in prosecution.
Top |
|
WHAT
YOU CAN DO TO HELP YOURSELF AND OTHERS |
FILE A FRAUD REPORT WITH THE POLICE
*1
Complete the CUFF Fraud Form,
print it and and take it
in person to the police. Police
Fraud Report
Form
But before you spend time and energy going to the police, make
sure that the fraud you have suffered fits the legal definition
of fraud. Otherwise, no matter how certain you are that
you have been conned, neither the police nor the prosecutor will
be able to help you. A crime must have been committed
based on the current laws. (If you agree with CUFF that these
laws are not strong enough or clear enough, let your legislator
know how you feel.) Here
is the Current Legal Definition of Fraud.
*2
Here are some of the laws already on the books that may
apply to your fraud. If the police don't want to
investigate, referring to these laws may help:
Theft by Deception
Theft by Conversion
Larceny by Conversion
Fraud Schemes
Larceny by False Promise
Theft of Services (This is a good law for landlords
who were scammed out of rent by a con artist)
Fraudulent Business Practices
Uttering Forgery (Using documents known to be
forged or invalid)
Financial Elder Abuse
Check the criminal code or
statutes in your state to see what similar laws are available to
charge the person with fraud. You can find these codes on
the Internet by searching in a search engine for "Nevada
State Statutes," "Minnesota State Statutes,"
etc. If you cannot find them, search for the governor's
office for your state, then look for a link to the statutes
there. If you cannot find your statutes, Contact
Us us and we will find them for
you and forward the link to your e-mail.
*3
Below are are some tips that can help victims in civil and criminal
cases. All of these have been used successfully by
victims:
(a)
Civil Judgment Based on Fraud: File a civil judgment based on fraud, not just based on an
unpaid loan or money taken. Judgments based on fraud
cannot be discharged in a bankruptcy. Remember that even
if you are able to convince the police to charge the person with
a crime, it is unlikely that you will ever get your money back
unless you obtain a judgment. If the case is so blatant
that the money stolen is judged to be "ill-gotten
gains," it is possible that the prosecutor will request
that all the defendant's assets be frozen. You should
request this regardless of how bad the fraud is. Just
don't get your hopes up.
(b)
Annulment Based on Fraud: If you married a con artist, file for an annulment based on
fraud, not for a divorce. This will eliminate the property
settlement issue as the person will not receive any of the
community property. It is also possible to obtain a
judgment for all money he took fraudulently from you as part of
the annulment decree. This process will have eliminated
the need to file a civil judgment against him as your annulment
can be recorded as a judgment.
(c)
Criminal Restitution: If you are able to charge the person criminally, request
restitution as part of the sentence. This restitution will
become a legal judgment that will appear in court documents.
Each state and county has specific procedures for collecting
this restitution. If restitution is granted, the defendant
is often put on probation until it is paid. Most require
the defendant to pay the money to a financial department within
the district attorney's office. If the money is not paid,
this office will advise the defendant's probation officer that
the defendant is not complying with the conditions of
probation. The consequences for this vary, depending on
the state and county. The probation officer usually has
the option of requiring the defendant to agree to a payroll
garnishment. If restitution payments are habitually late
or ignored, this option can be requested by the victim through
the financial department.
(d)
Defendant's Credit Report: You can make an effort to put the recorded judgment on the
defendant's credit report. Sometimes credit agencies will
take this information and sometimes they won't. They will
record it if a judgment recovery agent who belongs to the credit
bureau enters it. Often times the credit bureaus will tell
the plaintiff that the judgment will eventually be picked up
when the bureau researches the county where the judgment is
recorded. This is risky. We know of victims who have judgments
recorded four years ago that are still not
appearing on the defendant's credit report. It is crucial
that your judgment be on the defendant's credit report because
this may prevent the person from getting a job, buying a car and
certainly buying real property. This major inconvenience
may be the only thing that forces the defendant to finally pay
you.
(e)
Inexpensive Legal Counsel: Some victims have had some success in obtaining legal advice at
a reduced cost by subscribing to a monthly legal service.
For less than $40.00 a month, you will have access to an
attorney you can call to ask questions about your case.
The attorney of course hopes you will hire him to represent you
in court, but that is not a requirement for you to use the
service. We have heard good and bad about some of these
services, so we cannot recommend any one in particular, but we
do know of victims who were helped greatly by the legal advice
they received from an attorney through one of these
services.
Deborah
Nelson, author of CUFF's "Combating
Romance Fraud - Are You A Victim of a Person on the Take?",
has used a subscription legal service successfully several
times, including to obtain an annulment based on fraud from the
con artist who deceived her into marrying him. Deborah
Nelson's Inexpensive Solution to Costly Attorney Fees
(f) Credit Counseling:
If you have been
financially devastated by a con artist and are desperate enough
to file bankruptcy, it would be good idea to talk to a credit
counseling company first. You may be able to reduce your
monthly payments on your debt to a comfortable level and also
save your credit. If you lose your credit because of a
bankruptcy, you will have compounded the damage done to you by
the con artist. It is worth the effort to see if credit
counseling can help you. We cannot recommend any companies
but an Internet search will produce dozens of these companies
located throughout the U.S. Call them and talk to a
counselor, then select one that you are comfortable with.
Do a due diligence on the company first by checking with the
Better Business Bureau and the state's Secretary of State if the
company is incorporated.
(g)
VINE
- Victim Information and Notification Everyday: If you
are the victim of a criminal who is now in prison, register your
name and contact information with VINE
and you will be contacted before the inmate is released.
Top
|
|
LEGISLATION
If
you are unable to convince the police and prosecutor that you
have been scammed even though you have the evidence to support a
fraud, then you have reached the dead-end that all too many CUFF
fraud victims finally reach and it is time to contact your state
legislators. The more fraud victims who contact their
state senator and representative, the quicker state laws will be
implemented to change the outdated concept that fraud is not
always a crime if you knew the person who stole from
you.
Official surveys of congress have concluded that it takes only 5
e-mails from constituents to convince a legislator to
investigate an issue. Because fraud is the fastest growing crime
in America today, primarily due to the Internet, it is crucial
that steps be taken quickly to curb the epidemic. Your
voice is necessary to convince legislators that action must be
taken which will require the police to fully investigate charges
of fraud when they are filed by a victim - regardless of whether
or not the victim was a close associate of the accused. Be
sure to emphasize that not only do laws need to be addressed but
the mind-set that currently regards a victim as part of the
problem must be changed. Laws pertaining to fraud by a
"friend" must be addressed just as drunk driving laws,
anti-smoking laws and stalking laws were. The police must
have clear-cut guidelines for investigating and enforcement of
fraud laws already on the books must be required.
In your letter, outline briefly the evidence you have to prove
fraud and ask your elected officials why the police and/or
prosecutor are telling you that it is not fraud when someone
lies to you in order to steal your money. Ask your
legislator why the laws below that are already on the books
aren't being enforced by law enforcement in your jurisdiction.
Theft by Deception
Theft by Conversion
Larceny by Conversion
Fraud Schemes
Larceny by False Promise
Theft of Services (This is a good law for landlords
who were scammed out of rent by a con artist)
Fraudulent Business Practices
Uttering Forgery (Using documents known to be
forged or invalid)
Financial Elder Abuse
Fraud is a community-based crime. It affects everyone in
the community because the money stolen will not be spent on
taxes to support the community or on consumer goods to support
the business sector. The money stolen will not be
invested by the con artist to make a business grow and pay
employees' salaries. It will not be spent by the con
artist to pay taxes. It will be squandered on gambling,
drugs and high living until it runs out. Then the con
artist will move on to the next victim to begin the cycle all
over again.
In 2003
consumers reported losses from fraud totaling more than $437 million.
Internet fraud
accounted for 55% of all fraud reports, compared to 45% in 2002 and
totaling about $200 million.
In 2003, the FTC reported more than 214.9
million cases of identity theft, a 150% increase in just two
years. This is money could be put back into education, health care and
law enforcement.
Top
|
|
COMBAT ROMANCE FRAUD BY LEARNING FROM YOUR MISTAKES
*1 Read the following
description of a con artist at work which was provided to CUFF
by a victim who successfully out-conned this scam artist after
he deceived her into marrying him. Combating
Romance Fraud
Do you recognize the personality traits and mental
manipulation in her descriptions of the person who conned you? Her advice will help protect you if you are in the middle of
a sweetheart scam or confirm for you the truth if it is too late - that the person who
stole from you was a con artist and no amount of denial will
change this fact.
(This advice is not limited only to the sweethearts of con artists. It
applies to business partners, investment counselors, a trusted
caregiver - anyone who is making plans for your money. The
personality traits and manipulation techniques of con artists
are inevitably the same, regardless of the scam.)
*2
Do any of these cases resemble your fraud? These are real
con artists who stole tens of thousands of dollars from real
people who trusted them. After taking all the money they
knew they could without raising suspicion, these con artists
fled. Some of them CUFF helped identify and/or capture. Some of them
are still at large and urgently need to be apprehended before
more victims are financially devastated.
ID No.
849;
ID No.
881;
ID No 1090; ID
No. 267; ID
No. 359.
*3 Do
you recognize these wolves in sheep's clothing: Beware
of the Con Artist?
The
steal from you by sneaking in through your emotions instead of
your window. By the time you see them for what they really
are, you are financially broke, emotionally broken-hearted and
most likely unable to convince the police and prosecutors that a
crime has been committed.
*4 Don't be Conned
Again - This time be proactive and protect yourself.
Ask to view The DATING
PASSPORT of all
your online dates. |
 |
The
DATING PASSPORT
protects against fraudulent online dating and chat room
profiles by
verifying the identify of the Passport
holder. The Passport can include a verified photo,
too.
Offer to show your online dates your own Passport
and then ask them to show you theirs.
If your date refuses to obtain a Passport
(annually, $89.00/U.S. and $99/00/Canadian), there is
probably a good reason. If you are an
active member of a dating site, be proactive!
Don't wait
for the inevitable return of the con
artist. Get The
DATING PASSPORT today
at
http://www.thedatingpassport.com. |
Top |
|
CUFF
is a grassroots anti-fraud movement founded by fraud victims.
CUFF has worked with thousands of victims who are appalled by the deficiencies
in the criminal justice system that allow thieves to steal
"legally." Over and over victims are told by
police and prosecutors that their theft is a civil dispute which
should be taken to civil court, not criminal court. The
result is that serial thieves, who are generically dubbed as
"con
artists," are able to financially devastate victims over and over
again with little worry about being prosecuted.
CUFF needs
you to help stop this travesty. Most law enforcement
officers want to help fraud victims but limited budgets, minimal
police training in fraud investigation and vaguely defined fraud
laws are impeding their efforts.
Many of these con artists
are fugitives with warrants in other jurisdictions. Tell others about the CUFF
fugitive database in order to expand the exposure of the
fugitives in it and join CUFF today to help CUFF 'em tomorrow.
If you
have specific questions relating to your case which are not
answered in any of the information above, please
Contact
Us here.
You do not need to donate to join CUFF, but If you would like to
support CUFF's crime-fighting efforts, you will be helping your
community and yourself: Donate
to CUFF
|
|