This guy Erskine seems brilliant to me. You know there is no treasure to begin with so what do you do? Sue Fenn with the idea that part of finding the treasure is “knowing” that it’s virtual and telling this to Fenn gets you the actual treasure. This puts Fenn in a box (pun intended) as he either has to say yes and give you the treasure - in which case he’s clearly defrauded others by never having hidden one, including causing deaths, and could be civilly liable to many people (deaths, thousands of people for cost of travel, loss of work, etc). If Fenn says no it’s not a virtual treasure he has to start answering all kinds of uncomfortable legal questions under oath and run up legal fees. Fenn’s only option is to say it’s amazingly and miraculously - at this moment in time - been found by someone who can’t be located. He was checkmated and this is his bailout effort (which he either came up with on the fly or had planned all along). By using geography “back east” in his description he’s trying to say it’s not Erskine (Erskine is in Phoenix), so it’s a highly calculated explaination.