[misc.legal] INDISCRIMINANT POSTING BY JJ@CUP.PORTAL.COM

Patrick_A_Townson@cup.portal.com (05/31/88)

Jeff Beadles asks about selling your autograph through the mail; asking
folks to send a dollar and a SASE, etc....

You may solicit *anything you like through the mail* -- anything -- provided
the substance or item is otherwise legal. In other words, you cannot sell
cocaine or heroin by mail order, simply because you can't sell it or possess
it otherwise.

The key to a lawful mail order solicitation is --
    Make no promises you do not intend to keep.
    Make no false representation about what it is you are selling.
    If collecting for charity, (even yourself as the recipient), do not
      misrepresent how the money is to be spent.

In other words, say as little as possible about your product or service if
it is at all shady. The less you say, the better off you are.

A couple mail order programs which made large amounts of money for their
proprietors in the past were --

   Save A Soul Mission - The party who thought this one up went down to
his local mission (in this case, it was Pacific Garden Mission here in
Chicago.) He requested, and was gladly given, 'gospel tracts' by the box full.
Thousands of them, for free with his promise to the administrators of PGM that
he would distribute them. He then ran ads in various publications, notably
the supermarket checkout line type, offering, "Gospel tracts for your friends
and neighbors. Help bring a lost soul to Jesus. Send $1.00 or more love
offering to help our work, and recieve a sample of our tracts by return mail."

His post office box was soon overflowing with letters (and one/five/ten dollar
bills) saying 'god bless you for the work you are doing, etc'. He soon began
getting those pink notices from the box clerk telling him to call for the
overflow mail at the window. For each and every correspondent, he reached
in this big cardboard box full of gospel tracts, took out a half dozen and
stuffed them in the return envelope.

Eventually the Postal Inspection Service ordered some gospel tracts to show
the Assistant United States Attorney in the community, and an indictment
resulted. The guy got off -- albiet it was a little expensive for him using
an attorney -- because he had never made any claims whatsoever, and all his
advertising had never used the term 'sell' or 'for sale'. He asked for only
donations, and sent back what he promised he would send. Sleazy, yes; legal,
also yes.

Then there was Sweden International -  ah yes!
The gist of this scam which stayed marginally within the law was the proprietor
promised a listing of 'Swedish women who want American men for friends, lovers,
etc...'

Using ads in various softcore porn publications, he asked for one dollar to
receive basic information about the 'club'.... and he recieved plenty of
inquiries -- several thousand, they tell me -- which received a very nice
mailing back in reply.

Using a return address of Sweden International/PO Box xxxx/Evanston, IL 60204
USA, the promotion talked of all these women. Please note the use of the
abbreviation "USA" on the end of your mailing address is hardly needed if
you are within the country, but it lended an international appearance to the
club. Prospects were told wonderful things about women from Sweden who wanted
to tour this country with an American guy as their escort. All the prospective
sucker (oops, I mean new member!) had to do was send in $20.00 to receive a
list of the names and addresses. He'd be free to write a letter to any or
all, and cut his own deal with them.

Of the thousands of replies sent out, a substantial number wrote back and
included their twenty dollar bill. If they sent a check, then they waited
until their check cleared, but in any event, what each and everyone of them
got back was a list of Swedish women *who lived in Sweden*.

Enclosed was a list of hints for 'how to write and form a new pen pal
friend', and a source for a good Swedish/English translation book. The postal
inspectors got after him also, but got nowhere...its all in the wording of
the ad.

You ask 'how did he get the names of women in Sweden, and permission to use
their names?'. Good question. He had earlier run advertisements in a couple
of lonely hearts type publications in Sweden itself, asking women to provide
their names if they wanted American males to correspond with.

Some of these guys doing mail order have brass bedsprings to be sure.

mesard@bbn.com (Wayne Mesard) (06/02/88)

From article <6081@cup.portal.com>, by Patrick_A_Townson@cup.portal.com:
> The key to a lawful mail order solicitation is --
>     Make no promises you do not intend to keep.
>     Make no false representation about what it is you are selling.
>     If collecting for charity, (even yourself as the recipient), do not
>       misrepresent how the money is to be spent.

So if JJ *really* is a college student and *really* is in financial
straits, then he didn't break any laws.  Otherwise, it's mail fraud.
Right?

Now ask yourself, folks:  What do you think the odds are that either of
the those assertions is true?

That number again:

	Postal Inspector
	Lincoln, NE  68505

-- 
unsigned *Wayne_Mesard();        MESARD@BBN.COM        BBN Labs, Cambridge, MA

"Republicans know they're not smart.
 What they do is try to get attention."
                                        -Mass. Senate President William Bulger.

root@uisc1.UUCP (Super user) (06/03/88)

In article <25292@bbn.COM>, mesard@bbn.com.UUCP writes:
> 
> So if JJ *really* is a college student and *really* is in financial
> straits, then he didn't break any laws.  Otherwise, it's mail fraud.
> Right?

IF JJ specifically stated that he would use the money for his college
education, and ONLY for his college education, and it's fraud ONLY if
he had the intent not to do what he specifically stated at the time
he stated it AND that you can prove it (not only the action or lack
thereof, but also the intent). I don't have the original beg-letter
handy; if you think it's important enough, go for it.

> Now ask yourself, folks:  What do you think the odds are that either of
> the those assertions is true?

Sorry, but juries do not convict based on mathematical odds, they
convict on proof and evidence.

But let me throw one small monkey wrench into your mathematical odds.
All JJ has to do to meet those requirements is to go down to his local
community college and enroll in one class. He is then a student. In fact,
he could enroll in a mail-order college to meet the requirements. As
for being in financial straights, I'd hate for you to prove that someone
is or is not in financial straights. Just what criterion to you use? In
comparison to David Rockefeller I was, am, and will always be in financial
straights.

I don't think that what JJ did was right (morally). Most probably it
was a scam, especially if the identity that I just read is really his.
But I find the viciousness and the willingness to put this guy away for
life, preferably without parole, which I see on this net rather unfortunate.
Other than post a few messages, to all of which you have a choice to "Just
say no," what has this guy ever done to you? If you just ignored his messages
and didn't send any money, he would just go away.