Courtesy Law enforcement officials warn consumers that the fraud cashier's checks look realistic.

A North Platte man says his misguided faith in a lottery offer could land him in jail.

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Richard S. Bialek, 29, 2300 E. Philip No. 40A, pleaded not guilty to theft in Lincoln County District Court last week.

Lincoln County District Judge John Murphy set Bialek’s trial for Jan. 27, 2009.

Bialek said he received what he believed was a lottery check from the USA Mega Jackpots in the mail in June 2007 and took it to the Bank of Stapleton in North Platte where he had his account.

A letter accompanying the check said Bialek had won $175,000. The letter told Bialek to keep his winnings confidential and to send USA Mega Jackpots $3,500 to cover the “insurance/processing” fee required before the “big funds” would be remitted to him.

On May 21, Bialek deposited the $3,500 check in his account and immediately took out $1,000. He said the bank verified the check before he deposited it.

Later, Bialek and his wife spent the other $2,500 on a down payment for a trailer house.

When the fraudulent cashier’s check was returned to the bank several weeks later, Bialek said he couldn’t repay it.

“I offered to give the bank titles to all my vehicles as security so I could repay the money,” Bialek said. “But they wouldn’t accept them.”

The bank turned the check over to the Lincoln County Attorney’s office. He was cited by the North Platte police for felony theft by deception. He could face a maximum five-years imprisonment if convicted.

North Platte Police Lt. Rick Ryan said an investigator cited Bialek because he believed Bialek knew the check was fraudulent.

Bialek, an apprentice electrician, maintains he is a victim of the fraud and trusted the bank to know whether or not the check was legitimate. He said he intends to fight the charge in court.

“The bank gave us $1,000 immediately,” Bialek said. “If they can’t tell the difference, how am I supposed to?”

“These scammers depend on people getting greedy,” Ryan said. “When they receive a big check, people sometimes let greed overtake their common sense.”

Lindee Doyle, a personal banker at Wells Fargo, encouraged anyone who wonders if a check they received in the mail is legitimate to talk to their banker.

“If the check is deposited and it turns out to be counterfeit, that amount of money will be removed from their account,” Doyle said. “If it looks too good to be true, it probably is.”

Doyle said the scams seem to come in waves but regular customers do bring in sweepstakes checks that are fraudulent.

According to the Federal Trade Commission, it’s illegal for any foreign lottery – legitimate or not – to use the U.S. mail to solicit customers. In the last year alone the post office has gone to court to shut down 39 different lottery schemes and destroyed 800,000 of the phony offers that were headed into this country.

Meanwhile, the postal service advises consumers not to throw these letters away. They are following the paper trail and say if you get one, give it right back to your mailman.

Fritz Dodson, whose sister Mary Peters has received thousands of fraudulent scams by mail, would like to see more done with these fraudulent mailings by law enforcement and postal officials. He believes they prey on the elderly who, sometimes, are trust too much.

“It’s not enough to just throw these fake offers away,” Dodson said. “They need to be prosecuted to the fullest extent of the law.”

If you suspect a scam

The FTC has this advice for consumers who are thinking about responding to a foreign lottery or what they suspect might be a counterfeit-check lottery scam:

If you are a U.S. citizen and you play a foreign lottery through the mail or by phone, you are violating federal law.

If you buy one foreign lottery ticket, expect more bogus offers for lottery or investment "opportunities." Your name will be placed on "sucker lists" that fraudulent telemarketers buy and sell.

Keep your Social Security, credit card and bank account numbers to yourself. Scam artists often ask for them during an unsolicited sales pitch.

Do not fall for a promise. Telephone solicitations that require an upfront fee for advance-fee loans, unidentified investment opportunities or prize promotions are against U.S. law. Furthermore, legitimate lenders do not guarantee a loan before you apply, especially if you have bad credit or no credit record.

If you do not recognize a telephone area code, check it out in your telephone directory.

The bottom line, the commission says, is to ignore all solicitations for foreign lottery promotions. If you receive lottery material from a foreign country, give it to your local postmaster or contact your state attorney general's office or the FTC.

Don’ts

Do not send any money or personal details to anyone who says that you have won a prize or anything else in a lottery or sweepstake that you have not previously entered. Such claims are almost certainly frauds. Always check fully any person or organization before sending anything to them.

'Processing Fees'

The processing fee is usually the way to identify these scams. In some cases a 'processing fee' is mentioned in the initial 'win' communication. However some fraudsters wait until the 'win' recipient is sufficiently interested before asking for money.

Up front fees before the release of the 'jackpot' are usually justified as insurance costs, claim verification charge or a fee stipulated by a regulatory authority. There is nothing in British law, nor would there ever be, that requires a prizewinner to make any payment in order to claim a prize.

Never respond to any such requests for advance payment.

"But they haven't asked for any money."

Some fraudsters set out to steal identities. Stop and think before you ever release personal information such as passport number, home address, telephone number, banking details, etc, to unknown organizations.

Never wire funds from a check you've received to pay “taxes or fees” for a promised lottery or sweepstakes prize. You'll never see your money again. Reject any kind of scheme that sends you a check and asks you to wire money back.

To avoid all types of lottery scams, never believe a letter, phone call or Internet message from anyone who claims they can guarantee you a prize! Legitimate lotteries do not guarantee that you will win a prize and do not require people to join prize pools to play.

Never pay processing fees, insurance or commissions to claim a lottery prize. Legitimate lotteries do no require winners to pay anything up front to receive a prize.

Keep your Social Security, credit card and bank account numbers to yourself. Scam artists ask for them with the goal of accessing your accounts and stealing your money.

Federal Trade Commission

Get off the sucker list

You know the one that sends the "winning" foreign lottery offers? Or check fraud scams?

We're not guaranteeing these steps will get you totally off the lists or even stop them from snaring you - but it is a start.

How to avoid getting on the list

Have your name taken off national marketing lists by writing:

Telephone Preference Service, c/o Direct Marketing Association, P.O. Box 9014,

Farmingdale, NY 11735-9014.

Mail Preference Service, c/o Direct Marketing Association, P.O. Box 9008,

Farmingdale, NY 11735-9008.

1-800-ASK USPS. Prompt where they can be reported. USPS.com.

Never give out your credit card numbers or bank account information unless you have initiated the transaction and know who you are dealing with.

Retain all packaging, do not destroy, consume, or give away anything received.