[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3916 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3916

  Expressing the sense of the Congress regarding the need to address 
          Nigerian advance fee fraud, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 1998

    Mr. Markey (for himself Mr. Royce, Mr. Payne, Mr. Campbell, Mr. 
   Menendez, Mr. McDade, Ms. McKinney, Mr. Barrett of Nebraska, Mr. 
  Schumer, Mr. LaTourette, Mr. McGovern, Mr. Metcalf, Mr. Stark, Ms. 
Rivers, Mr. Holden, and Ms. Furse) introduced the following bill; which 
        was referred to the Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
  Expressing the sense of the Congress regarding the need to address 
          Nigerian advance fee fraud, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nigerian Advance Fee Fraud 
Prevention Act of 1998''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Nigerian advance fee fraud, known internationally as 
        ``4-1-9'' fraud after the section of the Nigerian penal code 
        which addresses fraud schemes, has reached epidemic 
        proportions.
            (2) Such frauds generally involve a company or individual 
        that receives an unsolicited letter from a Nigerian claiming to 
        be a senior civil servant of the Nigerian Government, usually 
        from the Nigerian National Petroleum Corporation.
            (3) The Nigerian perpetrator of the fraud explains that the 
        entity of the Nigerian Government concerned is seeking a 
        reputable foreign company or individual to use its account to 
        deposit funds ranging from $10,000,000 to $60,000,000, which 
        the Nigerian Government overpaid on a contract.
            (4) The intended victims of such frauds are typically asked 
        to provide company letterhead and bank account information 
        which they are told will be used to show completion of the 
        contract.
            (5) The victim's letterhead is actually used to forge 
        letters to other prospective victims and to forge letters of 
        recommendation for travel visas from the United States Embassy 
        in Lagos, Nigeria.
            (6) Victims of such frauds are pressured to send money for 
        unforeseen taxes, fees to the Nigerian Government, and attorney 
        fees.
            (7) Victims of such frauds are requested to travel to 
        Nigeria to complete the fraudulent transaction, and are told a 
        visa is not necessary to enter the country.
            (8) The perpetrators of such frauds often bribe airport 
        officials to bypass a victim of such fraud through immigration, 
        and use the victim's illegal entry into the country as leverage 
        to coerce the victim into releasing more funds to the 
        perpetrators.
            (9) Violence and threats of physical harm have also been 
        used to pressure victims of such frauds.
            (10) 15 foreign businessmen, including 2 United States 
        citizens, have been murdered after traveling to Nigeria in 
        pursuit of a 4-1-9 scam.
            (11) Financial losses incurred by United States citizens 
        and reported to the United States Secret Service exceed 
        $100,000,000.
            (12) The money derived from these schemes is often used to 
        fund other illegal activities, including drug trafficking and 
        violent crimes.
            (13) The United States Secret Service has established 
        ``Operation 4-1-9'', which is designed to target these schemes, 
        and the Secret Service receives over 100 telephone calls and 
        300 to 500 pieces of mail from victims of such schemes every 
        day.
            (14) Perpetrators of 4-1-9 frauds are rarely prosecuted or 
        jailed by the Nigerian Government, and money lost is rarely 
        recovered.
            (15) The Nigerian Government is suspected of playing a role 
        in these schemes, at least insofar as it has not made any 
        serious efforts to curb the schemes, enforce its own laws 
        against the schemes, or apprehend and prosecute the 
        perpetrators.

SEC. 3. EFFORTS TO END THE NIGERIAN ADVANCE FEE FRAUD.

    (a) Sense of Congress.--It is the sense of the Congress that--
            (1) the United States should work with the international 
        community to ensure the prosecution of Nigerian scam artists 
        involved in the advance fee frauds described in section 2; and
            (2) the United States should take all steps necessary to 
        educate the public about such advance fee fraud, and to prevent 
        future occurrences of such fraud.
    (b) Reports to Congress.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of State and the Secretary of 
the Treasury shall jointly submit to the Congress a report which 
includes the following information:
            (1) Actions undertaken by the Nigerian Government to 
        cooperate with international officials in apprehending and 
        extraditing persons responsible for committing advance fee 
        fraud described in section 2 and preventing future occurrences 
        of such fraud.
            (2) Efforts undertaken to inform United States citizens 
        about such advance fee fraud.
            (3) Efforts undertaken to ensure the coordination of 
        activities by the United States Government relating to such 
        fraud.
            (4) Efforts undertaken to work with the international 
        community to combat such fraud and apprehend the perpetrators.
            (5) Other measures being undertaken, and which will be 
        undertaken, to ensure and promote an end to such advance fee 
        fraud, including the imposition of economic and other sanctions 
        on the Government of Nigeria.
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