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Entrepreneur.com
Scam-Blocker
By David Worrell
It was just before Christmas 2006. Danny Nielson* was
sitting across the table from a friend. They were talking about raising
money for Nielson's growing business. Nielson described the contact he'd
recently had with a potential investor. "I'm just not sure he's for
real," Nielson told the friend. "He's asking for a deposit, so
we're checking him out."
First Contact
Several weeks earlier, Nielson had posted his company's business plan
on one of the many websites that purport to connect entrepreneurs with
angel investors and venture capitalists. Nielson, 37, knew the drill. He
had worked with investors and investment bankers before--he had even
invested in other people's businesses--so he was not going to get too
excited about anything before he checked it out.
Based on the website posting, Nielson received three legitimate
offers to purchase the business outright, which he declined. Those kinds of
inquiries were genuine and easy to authenticate. Equally easy to spot, he
says, were the many inquiries that were not from genuine investors:
"That was by far the vast majority." The obvious frauds usually
promised a large, immediate investment based solely on the business plan:
Just send a transaction fee, and they'd send the money, no questions asked.
Many of those were from outside the U.S.
"Then we got a call from a group in DC," says
Nielson. "I returned [the] message, but then [didn't] hear from him
for another month." When the two finally spoke, the man said he'd been
on an extended business trip abroad, and that he remained interested in
learning more about the business. The man said he managed a large venture
fund and wanted to discuss an investment of more than $1 million.
Over the ensuing weeks, Nielson exchanged several
e-mails with the self-described investor, his secretary, a vice president
and others within the organization. They all asked lots of questions. They
even sent a lengthy, formal request for due diligence information and asked
for professional references from Nielson. "Everything seemed very
legit," he says, "until we got the contract."
Although it was lengthy and looked official, the
contract included a request for an upfront "earnest money
deposit" of $10,000. Warning bells went off in Nielson's head, but, he
says, even this request was made to seem justifiable. "Along with the
contract, they sent an entire page explaining why they do the earnest
deposit." The explanation seemed particularly reasonable since, over
the years, Nielson had encountered many investment bankers, loan brokers
and others who all required an upfront fee. Still, Nielson harbored doubts,
so he intensified his research on the purported investor and his venture
fund.
Web searches turned up very little. The name of the
venture fund was surprisingly similar to other, much larger investment
companies. That was all part of the fraud, Nielson now realizes. Con
artists often use aliases that sound like other more well-known firms.
"If you Google [their name], you get thousands of pages of [the real
company]," says Nielson. "It's hard to find information because they
piggyback on these names."
Much to his surprise and relief, he had better luck with
personal references. Three different calls to the group's landlord seemed
to confirm that it had offices and staff (although oddly, no one was ever
available to speak on the phone when Nielson called). The investor also
happily produced references of previous customers--all of which turned up
nothing but glowing reviews of satisfying experiences. Nielson finally
asked for a face-to-face with the investor, conveniently scheduled during the
man's "business trip" to Atlanta, where they met at a restaurant.
Nielson left Atlanta satisfied that the investor was for real.
Finally, after nearly three months spent checking and
double-checking, Nielson held his breath and made a $10,000 wire transfer
to the investor's bank account. That, of course, was the beginning of the
end.
The Feds
The kind of business fraud that Nielson encountered is unusual only
because it was so well-orchestrated, says Ken Lucas, media and public
affairs specialist at the FBI. "Unfortunately, [Nielson] ran into a
very smart, well-backstopped scammer." Much more typical are the
personal and business scams that try to score a quick buck off of
unsuspecting entrepreneurs.
Unfortunately, there is no sure way to know whether the
person you are dealing with is legitimate. Lucas encourages entrepreneurs
to be skeptical of any transaction with a new person or group. The best
protection, he says, is to call references, check online fraud sites,
inquire at the Better Business Bureau and trust your gut. Pay
attention to the voice in your head that says, "Something just does
not seem right." "If you're already thinking that this guy could
be a fraud, slow the pace down," Lucas advises. "A lot of times,
your gut check is a pretty good reality check as well.
"Embedded in every money transaction is a level of
trust," Lucas adds. "Once the money leaves your hands, is there a
way to check that? I don't think so. Cash is cash. Once it's gone, it's
gone."
Compounding a victim's frustration, the FBI is often
unable to investigate claims made by individuals or entrepreneurs because
the agency's limited jurisdiction and resources make it very difficult to
investigate smaller crimes. Lucas says there is no hard and fast rule, but
the agency is most concerned about larger frauds perpetrated by organized
groups. For crimes netting less than $500,000 or so, a local or state
agency will most likely be behind the investigation.
But the FBI does offer some tools. Lucas recommends
the Internet Crime Complaint Center which helps victims report fraud
to the FBI and other appropriate agencies. Also, LooksTooGoodToBeTrue.com
provides a quick reference to the most common scams and how to avoid them.
Moving On
Nielson's story is far from over, but he doubts he'll ever see his $10,000
again. Even so, he has reported the crime to the FBI and other agencies.
And he put the word out through various websites and blogs so others will
not be duped by the same man.
Nielson, meanwhile, puts aside a little time each week
for advancing his case against the man, but he believes his chances of
seeing justice are slim. And he admits that next time he's out raising
money, he'll be even more skeptical. Says Nielson, "It's been a huge
learning experience."
*This is a true story, but the victim's name has been
changed. David Worrell is the author of the e-book Finding Funding.
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