
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comPartner
201-896-7163 rlevy@sh-law.comIf your staff members aren’t properly trained to spot an email scam, your company could lose millions of dollars. According to the FBI’s Internet Crime Complaint Center 2018 Internet Crime Report, business email compromise (BEC) scams and payroll diversion schemes resulted in $1.3 billion in losses in 2018.
Some of the scams happened close to home. In August 2018, the FBI’s Internet Crime Complaint Center (IC3) received a complaint filed on behalf of a town located in New Jersey. The town was the victim of a BEC scam in which they transferred over $1M to a fraudulent account. Thankfully, the FBI was able to work with financial institution partners to successfully freeze the funds and return the money to the town. Of course, many victims of cyber-attacks are not so lucky.
The 2018 Internet Crime Report confirmed that online fraud continues to be extremely profitable for cybercriminals, at the expense of individuals and organizations across the country. Overall, IC3 received 351,937 complaints in 2018, which represent a slight increase over the 301,580 complaints received in 2017. IC3 also estimated that cyber-criminals were responsible for a total of $2.7 billion in financial losses, which is nearly double the $1.4 billion reported in the prior year.
“The 2018 report shows how prevalent these crimes are,” Donna Gregory, chief of IC3, wrote in a statement. “It also shows that the financial toll is substantial and a victim can be anyone who uses a connected device.”
BEC scams remain among the most common and most common cyber-crimes. In 2018, the IC3 received 20,373 BEC/E-mail Account Compromise (EAC) complaints with adjusted losses of over $1.2 billion.
BEC/EAC is a sophisticated scam targeting both businesses and individuals performing wire transfer payments. In one common scam, a business, which often has a long-standing relationship with a supplier, is asked to wire funds for invoice payment to an alternate, fraudulent account. Another scam involves hacking into the e-mail accounts of high-level business executives and using the compromised account to send a wire transfer request to a second employee within the company who is normally responsible for processing these requests or directly to the financial institution.
The perpetrators of a BEC scam are fairly sophisticated and, therefore, more difficult to detect. The e-mail requests for a wire transfer are well written and specific to the business being victimized. In addition, the dollar amounts requested are similar to normal business transaction amounts.
Prior to initiating the fraud, the perpetrators monitor their selected victims to determine the individuals and protocol necessary to perform wire transfers within a specific business environment. They may also send “phishing” e-mails to obtain additional details regarding business or individuals being targeted (name, travel dates, etc.).
BEC and EAC scams are constantly evolving as scammers become more sophisticated. In 2013, BEC/EAC scams routinely began with the hacking or spoofing of the email accounts of chief executive officers or chief financial officers, and fraudulent emails were sent requesting wire payments be sent to fraudulent locations. The schemes are increasingly diverse, involving personal emails compromised, vendor emails compromised, spoofed lawyer email accounts, and requests for W-2 information. While all industries are vulnerable to BEC and EAC attacks, they are particularly common in the real estate sector.
Payroll diversion is another costly Internet-related fraud that increasingly targets businesses. In 2018, the scam resulted in a combined reported loss of $100M, with only 100 complaints reported to IC3.
In the Payroll Diversion scam, cybercriminals target employees through phishing emails designed to capture an employee’s login credentials. Once the cybercriminal has obtained an employee’s credentials, the credentials are used to access the employee’s payroll account. The cybercriminal will typically add rules to the employee’s account preventing the employee from receiving alerts regarding direct deposit changes. The cybercriminal will then change the direct deposit information, redirecting the payroll funds to an account controlled by the cybercriminal, which is often a prepaid card. Institutions most affected by this scam have been education, healthcare, and commercial airway transportation.
The BEC and payroll scams can not only cause financial losses but also significantly harm business relations. With this in mind, below are several tips to help avoid falling victim:
For businesses, it can be challenging to keep track of the increasing number of cyber threats. However, it is imperative to be proactive. That includes making it as difficult as possible for cyber criminals to target your business and being ready to respond should you still fall victim to an attack.
If you have any questions or if you would like to discuss the matter further, please contact me, Robert E. Levy, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!