New email scam involving DHL going around

b58

My wife is a fan of all things involving the Minions.  When McDonalds paired with the makers of Despicable Me2 for Minion Happy Meal toys, I bought her the entire set from ebay rather than trying to kill ourselves via Happy Meals.  McDonalds again paired with the producers of the Minions movie so there is now yet another set of Minions headed out in Happy Meals to the delight of little children everywhere.  Once again, I ordered them from ebay.

I relay my Minion history to get to a point…..I am expecting a very important package of Minions in the mail.  This morning, rather than a package, I receive an email that appears to be from DHL.  Maybe the email is to inform me my Minions have been delayed or even worse, lost.

Scam1

Or, it has nothing to do with my Minions.  The email didn’t come from DHL.  I pulled up the email header info and looked for the originating IP address.  41.71.189.141  Guess where that is?  Nigeria.  If there was a way to block emails from an entire country, I would. Maybe you folks out there in internet land are different, but nothing productive comes to me by way of Nigerian email.

Scam2

Writ denied in alienation of affection case involving golfer John Daly

The United States Supreme Court refused to take up the alienation of affection case involving John Daly’s ex-wife and his alleged mistress.  The docket reflects that the petition for a writ of certiorari was denied today.

No. 14-1253
Title:
Anna Cladakis, Petitioner
v.
Sherrie Allison Miller
Docketed: April 17, 2015
Lower Ct: Court of Appeals of Mississippi
  Case Nos.: (2012-CA-01198-COA)
  Decision Date: June 17, 2014
  Rehearing Denied: October 14, 2014
Discretionary Court
  Decision Date: January 15, 2015
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Apr 15 2015 Petition for a writ of certiorari filed. (Response due May 18, 2015)
May 4 2015 Waiver of right of respondent Hooters of America, LLC to respond filed.
May 4 2015 Waiver of right of respondents Provident Advertising and Marketing, Inc., et al. to respond filed.
May 18 2015 Waiver of right of respondent Sherrie Allison Miller to respond filed.
Jun 2 2015 DISTRIBUTED for Conference of June 18, 2015.
Jun 22 2015 Petition DENIED.

I previously discussed the Cladakis case here.  It is time to either set this one for trial or settlement talks.  Either way, John Daly better start making some big bucks to finance the lawyers, settlement and/or verdict that are headed toward his fiancee, Ms. Cladakis.  As for now, Ms. Miller has Daly and the future Mrs. Daly by the Titleist.

Funny quotes this Week

I don’t usually pay attention to my husband much of the time.

Juror number 872 in the Aurora Theater trial explaining why she didn’t inform the trial judge about a tweet concerning the case she read from her husband.  Full story at Denver Post.

I had to smoke one, you know?

Rapper Rick Ross explaining what lead to his arrest for a traffic violation and possession of marijuana.  For some reason, he thought it would be a good idea to squirt something at the reporter covering the story as well.

For their own good, vegetarians should never be allowed near fine beers and ales. It will only make them loud and belligerent, and they lack the physical strength and aggressive nature to back up any drunken assertions.

Anthony Bourdain.  Eleven more great quotes from the man with a job I envy.

Trifecta of email scams sent to me today

Hello,

FedEx wishes you to confirm Package of $750,000.00 (Seven Hundred and Fifty Usd) from the CNN TV Online Lottery as registered with us in your name, for shipping to your residence. Do respond to dispatch with a confirmation of your address. Contact the dispatch

director:

Mr. Jim Coker

Email- fedexjimofficer@gmail.com

Tel: +27- 616-911-747

Note that the cost of delivery is $210 (one Hundred dollars)

your registration code of ( Shipment Code: awb-33xzs). please Contact with your information such as, Your Name, Your Address and Your Telephone Number:

Thank You For Your Time,

Carl Walters

Branch Manager.

Fedex Team Department

If there was such thing as a “CNN TV Online Lottery” don’t you think they would deliver the money to my door like Publishers Clearing House?  Or, maybe even require that I enter the lottery?  Or, use an email address from either CNN or FedEx?  Or, even use a FedEx tracking number rather than some “shipment code”?

Dear Friend,

I am Mr.Alim Mohammad, The head of file department of Bank of Africa (B.O.A) here in Burkina Faso / Ouagadougou. In my department we discover an abandoned sum of (US$18million US Dollars) in an account that belongs to one of our foreign customer who died along with his family in plane crash.

It is therefore upon this discovery that I now decided to make this business proposal to you and release the money to you as the next of kin or relation to the deceased for the safety and subsequent disbursement since nobody is coming for it. I agree that 40% of this money will be for you, while 60% would be for me. Then after the money is been transferred into your account, I will visit your country for an investment under your kind control.

You have to contact my Bank directly as the real next of kin of this deceased account with next of kin application form. You have to send me those your information below to enable me use it and get you next of kin  application form from bank, so that you will contact Bank for the transfer of this money into your account.

Your Full Name………………….

Your Home Address…………..

Your Age………………………..

Your Handset Number………..

Your Occupation……………….

I am waiting for your urgent respond to enable us proceed further for the transfer.

Contact me through my private email address: allim.moha1@gmail.com

Yours faithfully,

Mr.Alim Mohammad.

Friend?  I don’t know anyone named Alim.  Any opportunity from Africa by email is 100% guaranteed to be a scam.  While I am no expert on African banking law, I suspect there are some laws there that would give the money over to the government as opposed to someone from the US that has no proof of being the next of kin.  How many people in the US actually have a relative with $18M?  I certainly don’t.  I suspect you could add the net worth every relative in my family history for a couple generations and not total up $18M.  People with $18M disposable keep it in the Caymans or Cook Islands, not some bank in Africa that is subject to the winds of political change.  Once again, bank employees don’t use gmail accounts to transact business.

Greetings My Dear Friend,

Before I introduce myself, I wish to inform you that this letter is not a hoax mail and I urgent you to treat it serious. This letter must come to you as a big surprise, but I believe it is only a day that people meet and become great friends and business partners.

Please I want you to read this letter very carefully and I must apologize for barging this message into your mail box without any formal introduction due to the urgency and confidentiality of this business and I know that this message will come to you as a surprise. Please this is not a joke and I will not like you to joke with it ok, with due respect to your person and much sincerity of purpose, I make this contact with you as I believe that you can be of great assistance to me. My name is Mr.Alim Mohammed, from Burkina Faso, West Africa.

I work in African Development Bank (ADB) as telex manager, please see this as a confidential message and do not reveal it to another person and let me know whether you can be of assistance regarding my proposal below because it is top secret. I am about to retire from active Banking service to start a new life but I am skeptical to reveal this particular secret to a stranger.

You must assure me that everything will be handled confidentially because we are not going to suffer again in life. It has been 10 years now that most of the greedy African Politicians used our bank to launder money overseas through the help of their Political advisers. Most of the funds which they transferred out of the shores of Africa were gold and oil money that was supposed to have been used to develop the continent. Their Political advisers always inflated the amounts before transferring to foreign accounts, so I also used the opportunity to divert part of the funds hence I am aware that there is no official trace of how much was transferred as all the accounts used for such transfers were being closed after transfer.

I acted as the Bank Officer to most of the politicians and when I discovered that they were using me to succeed in their greedy act; I also cleaned some of their banking records from the Bank files and no one cared to ask me because the money was too much for them to control. They laundered over $5billion Dollars during the process.

Before I send this message to you, I have already diverted ($17.4million Dollars) to an escrow account belonging to no one in the bank. The bank is anxious now to know who the beneficiary to the funds is because they have made a lot of profits with the funds. It is more than Eight years now and most of the politicians are no longer using our bank to transfer funds overseas. The ($17.4million Dollars) has been laying waste in our bank and I don’t want to retire from the bank without transferring the funds to a foreign account to enable me share the proceeds with the receiver (a foreigner). The money will be shared 60% for me and 40% for you. There is no one coming to ask you about the funds because I secured everything.

I only want you to assist me by providing a reliable bank account where the funds can be transferred. You are not to face any difficulties or legal implications as I am going to handle the transfer personally. If you are capable of receiving the funds, do let me know immediately to enable me give you a detailed information on what to do. For me, I have not stolen the money from anyone because the other people that took the whole money did not face any problems. This is my chance to grab my own life opportunity but you must keep the details of the funds secret to avoid any leakages as no one in the bank knows about the my plans.

Please get back to me if you are interested and capable to handle this project, I shall intimate you on what to do when I hear from your confirmation and acceptance. If you are capable of being my trusted associate, do declare your consent to me.

I am looking forward to hear from you immediately for further information.

Thanks with my best regards.

Mr. Alim Mohammed

Telex Manager

African Development Bank (ADB)

Burkina Faso.

I feel so much better with his assurance that it isn’t a hoax.  Does it seem odd that in most every one of these email scams they have millions in an account that they created, but need your account info to transfer the money somewhere?  If created an account that now has $17.6M in it and you want to transfer it, just go open another account.

These scams prey upon the greed and to a lesser degree, stupidity of the recipients.  Most people hit the delete button without given them a second glance.  What the scammers bank on is the one person that sends them some money.  In poverty stricken Africa, it doesn’t take many US dollars for someone to live very nice for a long time.

Making a federal case out of it?

Very few cases make it to the United States Supreme Court.  According to stats from the Court, they receive “approximately 10,000 petitions for a writ of certiorari each year.  The Court grants and hears oral argument in about 75-80 cases.”  Your ordinary car wreck case where both parties are residents of the same state generally doesn’t have any federal questions.  Appeals end at the highest appeals court for the state where the case was tried.

The alienation of affection case involving pro golfer John Daly that I previously discussed here is making a stop by the US Supreme Court due to the defendant filing a petition for writ of certiorari.  The basis of the petition boils down to claiming the Mississippi courts have no jurisdiction over the defendant where:

  • The plaintiff and defendant are non-residents of Mississippi
  • The defendants contacts with Mississippi are insufficient to confer jurisdiction
  • Mississippi has “virtually no interest in entertaining this dispute between the Plaintiff and another nonresident to which no Mississippi substantive law is likely to apply”
  • The states of residency for the parties have abolished the tort of alienation of affection therefor allowing Mississippi courts to exercise jurisdiction here would corrupt the doctrine of state sovereignty.

Interesting arguments that raise federal issues.

The original opinion from the Mississippi Court of Appeals states:

While the state’s interest is not as strong in this case as it was in Knight since the marriage at issue is not a Mississippi marriage, we still conclude that Mississippi has “an especial interest” in this case. The Legislature, in modifying our state’s long-arm statute in 1980, expressed the public policy of the state to provide a forum for nonresidents to pursue compensation for torts committed in whole or in part in this state. See Camp, 462 So. 2d at 727; 1980 Miss. Law, Ch. 437. ¶33. The trial court recognized Miller’s strong interest in obtaining effective relief for the alienation-of-affection tort she alleges occurred within our borders. Miller lacks a viable alternative forum to adjudicate that claim, since both Tennessee and Florida have abolished alienation-of-affection as a cause of action. This fact increases Mississippi’s interest in adjudicating this claim.

While I support Mississippi’s reluctance to abolish alienation of affection cases for the benefit of Mississippi residents, I fail to see what business Mississippi has in providing a forum for out of state litigants in these matters or why Mississippi’s interests are increased in the matter due to the litigants being residents of states that have abolished alienation of affection.

My take – the Court of Appeals got it wrong, but statistically I do not expect the US Supreme Court to fix it.  Petition for writ of certiorari will be denied.  The case will head toward trial in Mississippi and may very well end up before the Mississippi appellate courts once again.  For now, alienation of affection cases are viable in Mississippi where:

  • the defendant is a Mississippi resident,
  • a non-resident defendant engages in acts (romantic rendezvous) in furtherance of the alienation of affection while physically present in Mississippi, or
  • a non-resident defendant directs contact (phone calls, gifts, emails, text messages, etc.) to a married person in Mississippi in furtherance of the alienation of affection.

Return to sender, reverse and render

Arguably the most famous person ever born in Tupelo, Mississippi had a little hit back in 1962 titled “Return to Sender”

I gave a letter to the postman,
He put it his sack.
Bright in early next morning,
He brought my letter back.

She wrote upon it:
Return to sender, address unknown.
No such number, no such zone.

Hopefully, Elvis wasn’t singing about sending love letters to a married person as was central to Nordness v. Faucheaux case handed down today by the Mississippi Supreme Court.

Phillip and Paige Faucheux were a military couple who moved frequently, but lived in Mississippi during the time relevant to the case.  While Phillip was a resident of Mississippi he began a relationship with Francesca Nordness, a resident of Louisiana.  According to the opinion:

Phillip and Francesca continued the affair while Phillip trained in south Louisiana. Phillip often would drive Francesca around in his Mazda pick-up truck with Louisiana license plates. Francesca never visited Phillip in Mississippi, and Phillip never told Francesca that he lived in Mississippi. Instead, he misled her into believing he actually lived in Memphis. His cell phone had a “901” area code—the area code for the Memphis area—and he sent her packages with a Memphis return address.

and

Francesca and Phillip continued to rendezvous at locations across the country, including Louisiana, Florida, North Carolina, Nevada, and Colorado—but never Mississippi. And although the two exchanged e-mails, phone calls, and text messages, Francesca never knowingly communicated with Phillip while he was in Mississippi. Phillip also sent Francesca several FedEx packages during this time, but according to Phillip’s uncontroverted testimony, he always used a Memphis return address.

Paige finally decided enough was enough and divorced Phillip.  Shortly thereafter, Paige brought suit in Mississippi against Francesca for alienation of affection and a number of related torts.  Francesca filed a motion to dismiss due to lack of personal jurisdiction claiming in essence “I wasn’t in Mississippi and didn’t do anything in Mississippi.”  The trial court denied the motion and the parties ended up before the Mississippi Supreme Court.

Several recent alienation of affection cases before the Court have centered on claims by defendants of insufficient contact with Mississippi to support personal jurisdiction.  To the best of my recollection, all of those challenges have failed until today.

In Miller v. Provident Adver. & Mktg., 2014 Miss. App. LEXIS 339, 24-25 (Miss. Ct. App. June 17, 2014) involving pro golfer John Daly, the Court of Appeals found:

[T]he alleged sexual activity between Cladakis and Daly within the state of Mississippi, which contributed to the breakup of Daly’s marriage with Miller, constituted a tort committed, at least in part, within this state. For whatever reason Cladakis and Daly chose Mississippi for the site of their liaisons, this Court finds that decision constituted a purposeful availment to activities within the state for purposes of personal jurisdiction.

In Knight v. Woodfield, 50 So. 3d 995 (Miss. 2011) the court found sufficient contacts where “Knight admitted he was aware that Dakka and Woodfield were married and that Dakka lived with Woodfield in Mississippi.”

In contrast to Miller and Knight, the Court in this case could find no purposeful contact by Francesca with the State of Mississippi.

The record includes no evidence that Francesca created sufficient purposeful minimum contacts with Mississippi by having an affair with a man she did not know lived in Mississippi. Her calls and text messages to Phillip’s Memphis telephone number do not establish minimum contacts in Mississippi. A nonresident defendant must knowingly and purposefully establish minimum contacts with the forum state—in this case, Mississippi—such that the nonresident reasonably can expect to be haled into court in that state.

Nordess, at paragraph 45.  The end result from the Court was to reverse and render.

*Short practice tip – If you plan on filing an alienation of affection case in Mississippi against a non-resident of Mississippi, find some knowing contact by the paramour with the State of Mississippi.  That contact could be:

  • directing emails, letters, texts messages or gifts to the married person in the State of Mississippi
  • knowledge by the paramour that the married person is a Mississippi resident
  • presence of the non-resident paramour in the State of Mississippi to engage in a sexual act with the married person or further the illicit affair

If you can’t prove these minimum contacts your lawsuit, like the King’s letter, will be returned to sender.

The worst pro se filing ever?

Last week on tax day made 15 years for me in the practice of law.  In that period of time I have crossed paths with some really good people and a considerably smaller group that were anything but.  Just when I thought I had viewed most every absurd thing that could be filed in a court, I saw this jewel that was filed in the US District Court for the Northern District of Georgia by an irate pro se plaintiff.  I did not bother to count the number of F-bombs in her “Notice to F*ck this Court and Everything It Stands For” but the number is substantial.

http://www.docdroid.net/y8kx/41-main.pdf.html

This woman will likely end up in jail or a mental institution in the very near future.

Here is a small piece of advice I give every client before deposition and that applies equally to anyone filing a document in Court…..Do not use profanity for any reason unless you are directly quoting to the Court what someone else said that is important to your case.

Unfortunately, something will likely top this pro se pleading before I make my next 15 years.

Law and the Outdoors

Found this little jewel while researching something else.

Many men, including this writer, feel that a person who has never seen squirrels jump from limb to limb in the deep swamp on a frosty Fall morning; or has never heard a wild turkey gobble in April or seen him strut during mating season; or has never watched a deer bound through the woods and fields, or heard a pack of hounds run a fox, or tree a coon (racoon); or has never hunted the rabbit, or flushed a covey of quail ahead of a pointed bird dog; or has never angled for bass or caught bream on a light line and rod, or taken catfish from a trotline and limb hook; has never lived.

Chief Justice Lee in Strong v. Bostick, 420 So. 2d 1356 (Miss. 1982).

How not to respond to a question in court

Kate Royals at The Clarion Ledger reports:

Grady Gibbons of Brandon, who appeared before Chancery Judge Dan Fairly in a divorce case, said Fairly wrongfully accused him of shaving to avoid a court ordered hair follicle test and threw him in solitary confinement in the Rankin County Detention Center, even though he had submitted to another drug test that showed no illegal drug use.

I wasn’t there to hear all the testimony so I won’t comment much other that to point out a statement made by Mr. Gibbons to Ms. Royals. Take a look at the Clarion Ledger video beginning at the :21 mark where Mr. Gibbons states:

Of course in court it got brought up and they asked me if I was living in Petal and I said it was none of their business.

In most every court where I have practiced, answering a question with “none of your business” is not the way to win any points with the court.  Parties and witnesses are in court to provide testimony.  They are not in court to rule on whether a question is relevant.  That is for the judge to decide.

It is worth mentioning that despite Mr. Gibbons’ claims of not attempting to evade the hair follicle drug test by shaving, he later tested positive for trace amounts of marijuana in a urine test ordered by the chancellor.  According to the Clarion Ledger article, Mr. Gibbons attributes the positive test to “second hand smoke while on a trip out west.”

Search terms……….Ask Randy v2

Version 2 of my previous blog post Ask Randy.   As stated in the previous post, it is a combination of Dear Abby, ask a friend and general Mississippi legal advice.  If you have a specific legal issue contact an attorney licensed in your state for your specific issue.  Keep this legal notice in mind.

if a divorce goes to trial does the man always end up worse

Worse than what?  Worse than if he settled on equitable terms? Maybe.  Worse than if he never had a go through a divorce?  Probably so.  Worse than taking a horrible settlement offered by his future ex?  Doubtful.  Every case and potential settlement must be evaluated on its own terms.

what happens if you pick up your husband’s last name and u get divorce

You keep it unless you request that your maiden name be restored in the divorce.

what recourse is available to me if my husband did not tell me he murdered someone prior to us getting married.

That is a freaky situation, but not grounds for divorce in Mississippi.

wife cheats on husband and wins in court

A basis or ground for divorce may entitle you to divorce, but it is not outcome determinative.  While the court may consider marital fault, cheaters receive an equitable distribution of marital assets and debt.

since i married ten years ago my wife and her exbf want kill me

Strongly consider getting a divorce and moving on with your life.  No reason to stay around anyone that wants to kill you!

bringing mistress home to live before divorce is final does that hurt custody changes

It certainly doesn’t help your chances.  Just don’t do it.

how to divorce your crazy boyfriend

Leave.  No legal process is required to separate yourself from a boyfriend.

are muzzle loaders legal for felons

Not in Mississippi.

what is it call if you lie in a divorce court

It is called many things…..perjury, stupid, a bad idea, a good way to go to jail, how to piss of the judge, etc.  Just don’t do it.

how to make sure my wife gets nothing in divorce

That probably isn’t going to happen.  Get over it.

if a man leaves you 5 times and keeps coming back what are the odds of divorce

I am not sure Vegas would put odds on it, but at least 50/50 (meaning I don’t have a clue).

what can one due to stop grandparents from meddling in divorce proceding by funding adulterous son

Nothing.  His parents can pay whatever they want on his behalf.  Only worry about what is in your control.

i am with a man thats married thst says his attorney said to wait to grt divorced until the house sells

There is a decent chance that you will be waiting a LOOOOOOOONG time.

 

 

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