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The 419 scam aka the Nigerian scam

Today I have read in the newspaper that there is a new email scam floating around the internet. Apparently somebody pretends to be an American soldier that has some nukes and $25,000,000 in cash and needs to hide them. If you help him you can get 20% of the profits.

These kinds of scam are called 419 scam/fraud or the Nigerian Scam. Because it is called the Nigerian scam this does not necessarely mean that those responsable for the scam are really Nigerians. It is called Nigerian scam because of the countries reputation in the early 90's. It is called a 419 scam because it violates section 419, 419A and 419B of the Nigerian law and I have looked this up to verify it.

Chapter 38: Obtaining Property by false pretences; Cheating

419. 

Any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a felony, and is liable to imprisonment for three years.

If the thing is of the value of one thousand naira or upwards, he is liable to imprisonment for seven years.

It is immaterial that the thing is obtained or its delivery is induced through the medium of a contract induced by the false pretence.

The offender cannot be arrested without warrant unless found committing the offence.

419A.

 

1)      Any person who by any false pretence or by means of any other fraud obtains credit for himself or any other person-

a.       in incurring any debt or liability; or

b.      by means of an entry in a debtor and creditor account between the person giving and the person receiving credit, 

is guilty of a felony and is liable to imprisonment for three years.

2)      The offender cannot be arrested without warrant unless found committing the offence.

419B.      

Where in any proceedings for an -offence under section 419 or 419A it is proved that the accused-

  1. obtained or induced the delivery of anything capable of being stolen; or
  2. obtained credit for himself or any other person, by means of a cheque that, when presented for payment within a reasonable time, was dishonoured on the ground that no funds or insufficient funds were standing to the credit of the drawer of the cheque in the bank on which the cheque was drawn, the thing or its delivery shall be deemed to have been obtained or induced, or the credit shall he deemed to have been obtained, by a false pretence unless the court is satisfied by evidence that when the accused issued the cheque he had reasonable grounds for believing, and did in fact believe, that it would be honoured if presented for payment within a reasonable time after its issue by him.

Cross-posted from The .NET Aficionado
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Copyright © Gabriel Lozano-Morán