Advance fee frauds ask investors to pay a fee up front—in advance of receiving any proceeds, money, stock, or warrants—in order for the deal to go through. The advance payment may be described as a fee, tax, commission, or incidental expense that will be repaid later.
Some advance fee schemes target investors who already purchased underperforming securities and will offer to sell those securities if an advance fee is paid—or target investors who have already lost money in investment schemes. Fraudsters often direct investors to wire advance fees to escrow agents or lawyers to give investors comfort and to lend an air of legitimacy to their schemes. Fraudsters may also try to fool investors with official-sounding websites and e-mail addresses.
Advance fee frauds may involve the sale of products or services, the offering of investments, lottery winnings, found money, or many other so-called opportunities. Fraudsters carrying out advance fee schemes may:
• Offer common financial instruments such as bank guarantees, old government or corporate bonds, medium or long term notes, stand-by letters of credit, blocked funds programs, fresh cut or seasoned paper, and proofs of funds;
• Offer to find financing arrangements for clients who pay a finder’s fee in advance; or
• Pose as legitimate U.S. brokers or firms and offer to help investors recover their stock market losses by exchanging worthless stock—but requiring investors to pay an upfront security deposit or post an insurance or performance bond.
In Arizona, advance fee frauds are considered illegal under both state and federal law. These schemes, where individuals are asked to pay an upfront fee with the promise of receiving a larger amount of money or valuable goods later, often do not result in the promised delivery and are a form of financial fraud. Arizona's Consumer Fraud Act (Arizona Revised Statutes, Title 44, Chapter 10) prohibits deceptive practices in connection with the sale or advertisement of merchandise, which would include investment opportunities and financial services. Additionally, the Arizona Securities Act (Arizona Revised Statutes, Title 44, Chapter 12) regulates securities and protects investors from fraudulent practices, including advance fee schemes. At the federal level, the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC) also combat advance fee frauds, with the SEC focusing on investment-related scams and the FTC addressing a broader range of deceptive practices. Victims of such frauds in Arizona can report to the Arizona Corporation Commission's Securities Division or the Arizona Attorney General's Office. It is advisable for individuals to consult with an attorney if they suspect they have been targeted by an advance fee fraud scheme.