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Santa Margarita, CA – The Department of Justice (DOJ) filed a civil complaint
in the U.S. District Court for the Eastern District of New York against an
individual and two Dutch companies that allegedly engaged in multiple
international mail fraud schemes that have defrauded elderly and vulnerable
U.S. victims out of tens of millions of dollars, the Department of Justice
announced. The Department sought a temporary restraining order, which was
entered by the court yesterday, as well as preliminary and permanent
injunctions to prevent the defendants from further victimizing U.S.
consumers.
According
to the complaint, U.S. residents received fraudulent direct mail solicitations
that falsely claimed that the individual recipient had won, or would soon win
cash or valuable prizes or otherwise come into great fortune. Victims sent
payments through the U.S. and international mail systems to defendants Trends
Service in Kommunikatie B.V. (Trends) and Kommunikatie Service Buitenland B.V.
(KSB), both in Utrecht, Netherlands, and both owned and operated by defendant
Erik Dekker, 54, of Langbroek, Netherlands.
At the
same time that the DOJ took this law enforcement action, Dutch law enforcement
agents executed search warrants on the business address used by both companies
and on Dekker’s home address. The Dutch authorities also took control of
the Dutch P.O. boxes used by the defendants to receive victim funds. The
coordinated U.S. and Dutch enforcement actions seek to immediately stop the use
of Dutch P.O. boxes to receive payments from fraud victims and to immediately
stop the defendants from continuing to victimize the elderly.
The
complaint filed June 1 in U.S. federal court in the Eastern District of New
York alleges that, since at least 2012, Trends, KSB and Dekker have used P.O.
boxes in the Netherlands to receive payments from various predatory
mass-mailing fraud schemes. Solicitations are mailed from locations
around the globe to residents in the United States. The solicitations
purport to be personalized to each individual recipient, even though they are
form letters mailed to hundreds of thousands of potential victims. Some
solicitations instruct recipients to pay a processing fee in order to receive
lottery winnings or other prizes; other solicitations urge recipients to
purchase goods or services based on false promises that they will guarantee
future lottery wins.
According
to court records, victims responded to the solicitations by completing a form
and submitting a payment, usually around $15 to $55, via U.S. mail. The
solicitations contain pre-addressed envelopes in which victims send
payments. The envelopes are addressed to P.O. boxes in the
Netherlands. Trends and KSB operate more than 50 of these P.O.
boxes. Like other so-called “caging services,” Trends and KSB open the
payment envelopes, remove the contents, enter payment and other personal
information from the victims into a database and handle victim payments.
The U.S. government estimates that U.S. victims mail more than $18 million
annually to the defendants’ P.O.
boxes.
The
government is seeking an injunction under the Anti-Fraud Injunction Statute
immediately shutting down the defendants’ role in the fraudulent schemes in
order to protect U.S. victims from further harm. The injunctions sought
by the United States would enjoin the defendants from using the U.S. mail or
causing the U.S. mail to be used, to distribute the fraudulent solicitations or
to collect victim payments, and from selling lists of American victims who have
responded to the solicitations. If granted, a permanent injunction would
allow the U.S. Postal Service to intercept mail heading to the defendants, and
return that mail—along with any money being sent to the defendants—to U.S.
victims.
U.S.
District Court Judge I. Leo Glasser for the Eastern District of New York set a
hearing on the preliminary injunction on July 18 at 10 a.m.
The
Justice Department’s case is being handled by Trial Attorney Kerala Thie Cowart
of the Civil Division’s Consumer Protection Branch, Assistant U.S. Attorney
John Vagelatos of the U.S. Attorney’s Office in the Eastern District of New
York and Postal Inspector Joseph R. Bizzarro of the U.S. Postal Inspection
Service.
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