Thanks for the great method, and i found the twist.
The only problem im having though is a question of morals. Wont the person paying for the background check lose out?
This isn't ethical, no. Don't fool yourself into believing it is. It's a matter of not particularly caring. Welcome to blackhat marketing. Some people have problems with that, some don't. If it's not your thing, stick to grey or whitehat. As far as the concerns about fraud..
Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
Those last two in particular seem like it would be difficult to prove with this sort of method, and if you worded it carefully (As in some of the examples in this thread) I do think you would be fine. Of course, take that with a grain of salt as I'm not a lawyer, nor do I pretend to be. If you're worried, wait for someone with an actual legal background to chime in.
Still, you're not guaranteeing anything, you make no promises to provide a service, and you're not forcing them to do anything. They also get a background check out of it, which is exactly what they paid for. Dishonest? Certainly. Fraudulent? Well, that's the clincher isn't it.