The fact scenarios will look like legitimate matters and the documentation and
counterfeit cheques the fraudster will provide you will look real.
In one case, several
counterfeit cheques were created in an apparent attempt to take funds from the general account of a law firm's holding company.
(Click here to enlarge)
The counterfeit cheques appear to come from St. Christopher House and are drawn on an account at a CIBC branch on Ossington Ave. in Toronto.
LAWPRO has seen situations where law firm bank accounts were hacked and where law firm bank account information was used on
counterfeit cheques.
Coverage of losses related to trust account overdrafts resulting from
counterfeit cheques and instruments is available only in circumstances where the lawyer has taken steps required by LAWPRO to verify the validity of instruments.
The aim is always the same: to get a lawyer to run
a counterfeit cheque through their trust account.
Lawyer Ethics Alert Blogs has a post describing an Illinois appeals court case in which the court ruled that a law firm had no recourse against its financial institution in
a counterfeit cheque matter.
The LAWPRO
counterfeit cheque coverage may offer a measure of protection if a lawyer is victimized (lawyers outside Ontario should... [more]
In both cases, a reply to the fraudster's initial email prompted further communications with the fraudster, and in the Saskatchewan fraud,
a counterfeit cheque from the ex-husband.
Not exact matches
Fraud attempts against lawyers can involve a great deal of
counterfeit documentation, starting with the initial client ID (passports, licenses), various agreements, loan documents and bank statements, and ending with the
cheque that finally arrives at the lawyer's office.
Three lawyers indicated to us that their banks asked them to make up losses due to exchange rate fluctuations on US dollar cashier's
cheques they deposited that turned out to be
counterfeit.
(Click here to enlarge) The
counterfeit cashier
cheques appear to come from the Chase Bank.
And a few days after doing so, the bank will call advising that the
cheque was
counterfeit and that there is a shortfall in your firm trust account.
Several days later there will be a call from the bank advising that the
cheque was
counterfeit and that there is a shortfall in the trust account.
In this bad
cheque fraud the «customer» accused of breaching the lease agreement will quickly send a (
counterfeit)
cheque for damages to the lawyers office, and the lawyer will be asked to wire the funds (minus fees and costs) to an offshore account.
LAWPRO is now enhancing the existing protection: If your trust account is in an overdraft position because of a
counterfeit certified
cheque or bank draft, and the shortfall is strictly between the bank and you (no legitimate client funds are taken, or the amount of funds disbursed exceeded that belonging to legitimate clients), you will now have protection — at no additional cost — under the insurance program, provided that you comply with certain coverage requirements.
As we approach the holidays remember that in the past we have seen more attempted and successful
counterfeit certified
cheque or bank draft frauds around long weekends and other holidays.
Some of those who were duped were saved when the teller or the bank detected that the
cheque was
counterfeit.
For example, think of how the LawPRO policy treats
counterfeit certified
cheques causing an overdraft, cybercrime, and intentional misbehaviour within the real estate registration system — these coverages... Read More»