“Con Games” in the Digital Age

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“Con Games” in the Digital Age. This week, let’s look at how historic “con games” have evolved in the digital age.  Here is the preview: “The more things change….”

The Third Oldest Profession:  If the world’s Second Oldest Profession is spying, surely the Third Oldest Profession is the “confidence” or “bunco” game.  From at least as early as the beginning of money, crooks have used the natural vulnerabilities of their victims to befriend, deceive, and rob. (In fact, the word “con,” meaning to deceive or defraud, comes from the word “confidence,” while “bunco” may come from the Italian word “banco,” for “bank.”)

Circumstances and vocabulary change but the underlying techniques and principles seem timeless. To someone seeing a “good” con game being played out, it looks original and astounding; but soon, you will realize that no matter how current, it has much in common with the earliest.

The Key to a “Good” Con:  Keeping in mind that by “good” we mean “skillful, while still morally despicable,” a “good” con is one where the crooks most skillfully exploit the vulnerabilities of their victim, keeping the victim unaware of the con until it’s too late.  The keys to a “good” con are (1) finding victims’ vulnerabilities, (2) choosing the suitable con to exploit those vulnerabilities, and then (3) executing it compellingly and believably. 

Of course, the naïve and gullible are especially vulnerable, and almost everyone likes a bargain (or maybe even a windfall!). Ironically, however, even the most sophisticated people can become victims of an excellent con because they often have heightened senses of duty and honor, compassion and empathy, willingness to help others, and respect for authority. 

Let’s consider some examples:

The “Pigeon Drop:” One of the most famous of the “switch games,” the con selects and approaches a “mark,” claims to have found a bag or briefcase, and asks if it belongs to the “mark.” The con’s partner then arrives, looks in the bag, and claims to find a lot of money (!), perhaps from a drug deal. They discuss a three-way split. One of the cons calls his “lawyer,” who says for each to deposit some of the money into a safe deposit box or account (to show good faith and that they’re not trying to swindle each other) while he looks for the owner. The mark is excited to get money for nothing. The cons get the mark’s portion and then leave the bag with the incredulous mark, who discovers too late that it’s full of worthless paper.  

“Help” games: “Help” games similarly take advantage of a mark’s ambitions – often mixed with compassion, a desire to help, or a desire to do something nice for a loved one.  A few years ago, the “409 Scam” was popular. A mark received an email from someone in a foreign country. The con says he needs to get a large amount of money out of the country but can’t do so himself for some complicated reason, and flatters the mark into thinking the con has selected him for this important task. But of course, the mark needs to put some money forward to create a new entity, test bank accounts, etc. Trading on the hopes and dreams of the mark can go on for many steps and stages and drain an increasing amount of money from the mark, depending on the skill of the cons.  It is called a “409 Scam” because many of the calls came from a particular country whose own criminal law, known locally as “Section 409,” make this very practice illegal. 

“Duty” games:  One current version of an old game relies not on a mark’s avarice or dreams but on his sense of duty and honor.  The con contacts the mark claiming to be a customer service rep for a legitimate large company, calling about a problem with the mark’s “overdue” account.  Trading on the mark’s high sense of rectitude, the con pleads that the mark “doesn’t want to renege on a debt he owes” for some routine bill. A few days after the mark has “paid it,” the con calls again in distress: because of some error the con himself “made,” a huge payment has been made erroneously into the mark’s account. Surely the mark “doesn’t want to keep money that isn’t his,” especially if “someone” (namely the con man) will lose his job if the mark “keeps” the windfall and doesn’t “pay it.”  Variations of this and other schemes are endless, but they all trade on the mark’s sense of duty and honor. 

What’s New – Sort of:  In the latest con news follows:

• ·      Potential fraud schemes targeting those seeking federal loan forgiveness:  Beware of fraudulent websites, e-mails, texts, or phone scams soliciting personally identifiable information, financial information, or payment from potential victims.  Read more at the following link: https://www.ic3.gov/Media/Y2022/PSA221018

• ·      Increased IRS-themed smishing campaigns: Beware of text messages purporting to be from the IRS and don’t click on the links in them.  Read more at the following link: https://www.ic3.gov/Media/Y2022/PSA221004

• ·      Cryptocurrency Investment Schemes:  Beware of direct messages on social media sites encouraging investments in various cryptocurrencies.  Read more at the following link: https://www.ic3.gov/Media/Y2022/PSA221003

The FBI’s Internet Crime Complaint Center (IC3) tracks the latest online cons and regularly posts helpful notices about them. The IC3 also encourages victims of online scams to file complaints.  A link to the IC3 website follows:

https://www.fbi.gov/news/stories/file-cyber-scam-complaints-with-the-ic3

 Overall, the amount of information available online, including on dating and social media sites and in databases, now makes it much simpler to identify good marks, such as the elderly.  Inexpensive communications now make it easier and cheaper to contact in ways that cover the criminals’ tracks. 

 What’s Not New at All: The cons know how to exploit emotion, and they leverage the information available to them to target victims’ fundamental human qualities – greed, ambition, compassion, love, honor, and duty.

 Everybody’s Got a Trade Group:  Yes, even people who investigate con games!  In the private sector, The National Association of Bunco Investigators has been around for decades and has some of the most touching stories, from the tragic to the most comical.  You can read more about them on Facebook and elsewhere.

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 Hosch & Morris, PLLC is a boutique law firm dedicated to data privacy, information security, the Internet and technology. Open the Future℠.