02/14/2024
Wire Transfer Fraud: A Growing Threat to Law Firms
Wire transfer fraud is a significant issue affecting many industries, including law firms. This type of fraud occurs when a scammer poses as a party in a transaction and sends fraudulent wiring instructions that divert funds from their rightful owner or recipient⁵.
The Scam Scenario
The scam typically involves a compromised email account from one or more parties to a real estate or commercial transaction¹. The scammer assumes the identity of a party to the transaction and uses an email address that appears to be from the legitimate sender¹.
The scammer will typically provide wire instructions or make some change to a previous wire transfer request¹. To circumvent normal channels that might uncover a fraud, the scammer will emphasize that "time is of the essence," and that this matter is "urgent"¹. The attorney will then wire out the money for the closing which can be hundreds of thousands of dollars to the scammer's account¹.
The Impact on Law Firms
If an attorney inadvertently facilitates the wire transfer of funds to a bad actor who has hacked into opposing counsel’s email account, the attorney may be held liable and/or his client may have to fund a settlement twice⁴. In the United States alone, the Federal Bureau of Investigation (FBI) reports that as much as $1.33 billion have been lost to fraudsters¹.
Mitigating the Risks
Wire fraud scams present real risks for attorneys. These risks may be mitigated by staying up to date on common scams targeting attorneys, implementing cybersecurity measures, and instituting wire transfer protocols that include verifying wiring instructions by telephone before wiring any funds³.
Conclusion
Wire transfer fraud is a serious issue that law firms must address. By understanding the nature of these scams and taking proactive steps to prevent them, law firms can protect themselves and their clients from becoming victims. Remember, the best defense against wire transfer fraud is a good offense: stay informed, be vigilant, and always verify before you wire.
Sources:
(1) Wire Transfer Fraud Best Practices - NHBA. https://www.nhbar.org/wire-transfer-fraud-best-practices.
(2) Email wire fraud scam affecting lawyers and law firms. https://www.hanover.com/resources/tips-individuals-and-businesses/prepare-now-learn-how/email-wire-fraud-scam-affecting.
(3) Attorney Liability for Wire Fraud Involving Settlement Payments. https://lewisbrisbois.com/attorney-liability-for-wire-fraud-involving-settlement-payments.
(4) Wire Fraud Scheme Targeting Attorneys Presents Ethical and Liability .... https://ceflawyers.com/blog/wire-fraud-scheme-targeting-attorneys-presents-ethical-and-liability-risks/.
(5) Fraudulent Wire Transfers: Who Bears the Loss and How to Prevent .... https://www.jdsupra.com/legalnews/fraudulent-wire-transfers-who-bears-the-5578842/.