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[B640]Beware Greeks Bearing Gifts
by Lar, Lar
It's true ? senior citizens are often the targets of fraud and financial crimes. Among the reasons: Some older people have built substantial assets (including their own home and large savings accounts), they're easy to find at home, and they can be swayed by fears of losing their financial independence.

The following are common cons designed to trick consumers ? especially elderly people ? into giving up money, property or valuable personal information. These scams often are committed by strangers posing as legitimate business people, government officials or other "trusted" individuals.

Prize and Sweepstakes Frauds: This type of scam may involve a congratulatory phone call or letter informing a consumer that he or she has won a prize or a large sum of money in a lottery or sweepstakes. But before any "winnings" are delivered, you are told you must pay for fees, taxes, shipping and handling or other charges. Of course, the prize never comes or any products that do arrive are essentially worthless.

Fraudulent Investments: A firm or individual "guarantees" fantastic returns on investments, business opportunities, gems and other "no-risk" deals. These will sound attractive compared to what local banks are paying on deposits. At some point the seller takes the money and runs, leaving the investor with a big loss.

Charitable Donation Scams: Crooks disguised as charities collect donations or money for raffles. While you think you're helping people in need, you're really helping con artists pad their pockets. You should make donations only to charities you are familiar with or after consulting with the Better Business Bureau (BBB), which maintains reports on national and local charities. Contact your local BBB as listed in the phone book.

Home or Auto Repair Scams: Someone calls or knocks at your door offering a super deal to fix your roof or driveway or repair your car. After you hand over the funds you discover the work hasn't been completed, is of poor quality or wasn't needed in the first place. Some scammers have billed consumers for maintenance or repairs that were never performed.

Loan or Mortgage Fraud: These typically involve unscrupulous "predatory" lenders (typically from the non-bank or home improvement industries) that use false or misleading sales tactics to make high-cost loans to consumers in need of cash, including older homeowners concerned about paying bills. Victims often can't afford the loan, and they may be pressured to refinance a loan repeatedly and pay high fees each time ? a scam known as "loan flipping." Borrowers who pledge their house as collateral and can't repay the loan could lose the home in a foreclosure.

Help for Avoiding Foreclosures: The fraudster goes through records at the local courthouse listing homes facing foreclosure. He or she then contacts the homeowners and offers assistance to prevent the foreclosure from taking place. Instead, the homeowner is then tricked into signing documents that, in the fine print, transfer the ownership of the property to the fraudster.

"I-Need-Your-Help" Scams: Unlike the previous scams that involve selling or giving something to the victim, here the con artist is asking to receive some assistance... and in the process obtains account information or access to funds. Example: Someone claiming to be a bank examiner, bank security officer or police officer calls asking for help investigating a possible fraud by withdrawing cash from your bank account or providing account information. If the trick works, the bogus investigator can walk away with the money or use the confidential information to raid the victim's bank account.

Counterfeit Checks: In one example, you sell an item over the Internet and the buyer sends a cashier's check for more than the agreed-upon price. The buyer instructs you to wire the excess funds back. If you comply, you will most likely find out that the check you received is phony and the money you wired cannot be returned to you.

Be careful out there. With foreclosures and credit card debt on the rise, the scammers will start coming out of the woodwork to target you.

The law recognizes several different kinds of gifts. An inter vivos gift is a gift that I make while I'm still alive, not planning on dying any time soon, and that takes effect immediately (instead of after I die). An inter vivos gift must also be unconditional and irrevocable. In order for it to be enforceable, I must intend it as a gift, I must actually deliver the gift, and the recipient must actually accept it. This can result in some fairly non-intuitive consequences:

(1) I promise my son: "If you'll get an A in Calculus next semester, I'll give you $10,000." My son gets an A in Calculus and I refuse to give him the money. Normally there would be nothing he could do, because most of the time a "gratuitous promise" is not enforceable. But if I obtained some benefit from him getting an A in Calculus (no matter how small), a court might treat it as a contract rather than a gift and I would owe him $10,000.

(2) My son gets an A in Calculus, I mail him a check for $10,000, and before he checks his mail I discover that he's been using drugs. I stop payment on the check because I know exactly where the money's gonna go. In this case I probably can keep the $10,000 - not because he's been using drugs, but because he hadn't opened the envelope with the check in it yet (thus there has been no "acceptance").

(3) Suppose he gets an A, I mail him the check, he opens the letter, cashes some of it, and buys drugs with it. It's too late, I'm out $10,000 because the gift has been completed and the money is his now.

Consider also that "delivery" of a gift can mean something less than physical transfer of the item given. Delivery of the keys to a car, the title to a house, or the keys to a safe deposit box are seen as effectively the same things as physical delivery of the item itself if they trasfer exclusive control to the receipient of the gift. If I transfer non-exclusive control (for example, an ATM card for a joint bank account that I still use, the situation can get trickier.

DISCLAIMER: The following is intended for reference only and is not intended as legal advice.

Article Source : Pg. 6

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Both Lar & Bob Miles are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

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