Fraud

danu · Post by **danu** » Mon Sep 13, 2010 2:12 pm

Hi Pls help!

We are the applicant. we ordered goods based on sight LC and the issuing bank did not raise any discrepancy notification. so we accepted the docs but there was no shipment. all documents were forged inclding BL, P/List etc...the beneificiary was paid too

having inspected the docs subsequently, we found the following issues.

- the LC number in the packing list is incorrect. i.e., instead of 090043 it was 09043 (one zero less)

- there were three original BLs. 2 Bls had date as 10 January whereas the other BL had the date as 5 January. Note this date is placed by the carrier with a stamp. (I presume this is called the issue date)

- "clean "On Board"" date as typed is 10 January ( no further date on BL except as mentioned above)

- the quantity in BL and in comm invoice/pack list is different by approximatelt 8 %. (Not sure whether UCP 600 clause 30a or b applies) the BL just specified the goods only, no packing info was specified in the BL.

just wanted to know whether the issuing bank should have raised these as descrepancies and since they did not can we the Applicants hold them liable?

thanks in advance

LCstudent · Post by **LCstudent** » Wed Sep 15, 2010 2:17 am

Dear danu !
Now let´s have a look on the topic:
1.) shipment was settled in Jan 2010 - now in Sept 2010 you complain non-conform docs ? I hope that You made this right/just in time after receipt of docs in Jan/Feb 2010, isn´t it ?
2.) If not yet done please hurry up and do so to Your banker and visit/contact a competent attorney in foreign business affairs - this seems to be one of the first steps to do.
3.) IMHO such discrepancies should be seen/found through opening bank - I can not follow such a behaviour, that they did not find them - seems to be unbelievable.
4.) ask the carrier/shipping co or their agent for their comment on the topic - I hope they have a suitable answer on it.
Other views and comments are highly appreciated.
Rgds LC Student

danu · Post by **danu** » Wed Sep 15, 2010 11:32 am

Hi LC STudent

1. yes we informed the relevant parties. Tried to contact benmeficiary/advising bank but no response (obviously since its a fraud!)

2. the issuing bank is denying any wrong doing/negligence and says these matters are not decsrepancies...

3. well as i said all the documents were forged including BL. so there is no carrier/vessel in that name... everything was forged... bogus names etc...

thanks again..

LCstudent · Post by **LCstudent** » Wed Sep 15, 2010 11:32 pm

Hi Friend !
Did You ever thought about this item to be presented to your domestic ICC Banking commission office
or to ICC Banking Commission in Paris directly ? Is the B/L issued by a NVOCC or is it issued through a regular shipowner/carrier ? Please note that most of the frauds are in connection with transport documents issued by NVOCCs, but this shall not imply that all NVOCCs are bad - please treat it in the right sense. Maybe You should go all possible steps to get You money back. This topic is strange one. Wish You all the best. Rgds LC Student.

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