The Lincoln Lawyer
in a West Hollywood coffee shop where Scales handed over a printout to his buyer and was given a thick envelope containing cash in return. When he walked out carrying the envelope and an iced decaf latte he was met by sheriff’s deputies. He had sold his numbers to an undercover.
Scales hired me to get him a deal. He was thirty-three years old at the time and had a clean record, even though there were indications and evidence that he had never held a lawful job. By focusing the prosecutor assigned to the case on the theft of card numbers rather than the potential losses of the fraud, I was able to get Scales a disposition to his liking. He pleaded guilty to one felony count of identity theft and received a one-year suspended sentence, sixty days of CalTrans work and four years of probation.
That was the first time. That was three years ago. Sam Scales did not take the opportunity afforded him by the no-jail sentence. He was now back in custody and I was defending him in a fraud case so reprehensible that it was clear from the start that it was going to be beyond my ability to keep him out of prison.
On December 28 of the previous year Scales used a front company to register a domain name of SunamiHelp.com on the World Wide Web. On the home page of the website he put photographs of the destruction and death left two days earlier when a tsunami in the Indian Ocean devastated parts of Indonesia, Sri Lanka, India and Thailand. The site asked viewers to please help by making a donation to SunamiHelp which would then distribute it among the numerous agencies responding to the disaster. The site also carried the photograph of a handsome white man identified as Reverend Charles, who was engaged in the work of bringing Christianity to Indonesia. A personal note from Reverend Charles was posted on the site and it asked viewers to give from the heart.
Scales was smart but not that smart. He didn’t want to steal the donations made to the site. He only wanted to steal the credit card information used to make the donations. The investigation that followed his arrest showed that all contributions made through the site actually were forwarded to the American Red Cross and did go to efforts to help victims of the devastating tsunami.
But the numbers and information from the credit cards used to make those donations were also forwarded to the financial underworld. Scales was arrested when a detective with the LAPD’s fraud-by-trick unit named Roy Wunderlich found the website. Knowing that disasters always drew out the con artists in droves, Wunderlich had started typing in possible website names in which the word
tsunami
was misspelled. There were several legitimate tsunami donation sites on the web and he typed in variations of these, always misspelling the word. His thinking was that the con artists would misspell the word when they set up fraud sites in an effort to draw potential victims who were likely to be of a lower education level. SunamiHelp.com was among several questionable sites the detective found. Most of these he forwarded to an FBI task force looking at the problem on a nationwide scale. But when he checked the domain registration of SunamiHelp.com, he found a Los Angeles post office box. That gave Wunderlich jurisdiction. He was in business. He kept SunamiHelp.com for himself.
The PO box turned out to be a dead address but Wunderlich was undeterred. He floated a balloon, meaning he made a controlled purchase, or in this case a controlled donation.
The credit card number the detective provided while making a twenty-dollar donation would be monitored twenty-four hours a day by the Visa fraud unit and he would be informed instantly of any purchase made on the account. Within three days of the donation the credit card was used to purchase an eleven-dollar lunch at the Gumbo Pot restaurant in the Farmers Market at Fairfax and Third. Wunderlich knew that it had simply been a test purchase. Something small and easily coverable with cash if the user of the counterfeit credit card encountered a problem at the point of purchase.
The restaurant purchase was allowed to go through and Wunderlich and four other detectives from the trick unit were dispatched to the Farmers Market, a sprawling blend of old and new shops and restaurants that was always crowded and therefore a perfect place for credit card con artists to operate. The investigators would spread out in the complex and wait while Wunderlich continued to
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