This is a fraudulent call. Do you think the referral agent doesn't know it? The local does NOT have to take an obviously fraudulent call, but we all know that some do. The local DOES have a right to ask questions about suspicious calls.

I think there is a federal law which applies to this:
Wire fraud

From Wikipedia, the free encyclopedia

Wire fraud is a legal concept in the United States Code which provides for enhanced penalty of any criminally fraudulent activity if it is determined that the activity involved electronic communications of any sort, at any phase of the event. As in the case of mail fraud, this statute is often used as a basis for a separate federal prosecution of what would otherwise have been only a violation of a state law.

The crime of wire fraud is codified at 18 U.S.C. § 1343, and reads as follows:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Thus, the essential elements of the crime of wire fraud are:

1. Devise or intend to devise a scheme or artifice to defraud another person based on a material representation;
2. With the intent to defraud;
3. Through the use of interstate wire facilities (e.g. telecommunications of any kind).

Since the purpose of the misrepresentation is to screw an honest electrician out of a job, the means is a material misrepresentation, a telephone or fax is used, I think this "fake call" might meet the standards for a federal crime.

If you think this is far-fetched (I know about the Local 5 action in 2005, which was NON-Precendential, but does raise some issues in getting this statute properly applied to the referral process), read the following press release:

North Carolina Grand Jury Indicts Ten on Mail Fraud Charges

U.S. Atty. Janice M. Cole announced that a federal grand jury indicted nine individuals on Mar. 21 with two counts each of mail fraud, in connection with their applications for membership with the Journeyman Inside Wireman classification in the Int'l Bhd. of Electrical Workers Local 495, in Wilmington, N.C. If convicted, each could receive a maximum sentence of 10 years imprisonment, a fine of $500,000, and a supervised release term of three years. The accused are Jamie Bailey, Richard D. Daniels, Bradley S. Darnell, Michael J. Fitzpatrick, Ralph J. Lykins, John C. Martin, Raymond Mead, David A. Petty and Jeremy M. Puckett. Additionally, Robert A. Parsons was charged with one count of mail fraud, and if convicted, faces a maximum sentence of five years imprisonment, a $250,000 fine, and three years of supervised release. [USAO E.D.N.C., Media Release 3/24/00]

I haven't been able to find the disposition of this case, but the indictments prove that mail or wire fraud CAN be prosecuted!

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Michael Wood, Cincinnati
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