Ethics


trust account and wire the proceeds (minus the attorney’s fee or commission) to the “client” at a bank outside of the United States. Generally, the attorney will receive a phone call, text message or email from the “client” shortly after the attorney received the check expressing urgency in having the proceeds wired to the “client.” After the attorney sends the wire transfer, the bank named on the purported check will dishonor the check and return it as a counterfeit/fraudulent item. Te attorney’s bank will then debit the attorney’s account for the amount of the dishonored check. Please note that while the counterfeiting scheme has historically involved the “client” soliciting the attorney through the internet, other variations have occurred where the criminals have orchestrated the contact through an existing and legitimate client of the attorney.


Debt Collection


Te debt collection scheme involves a contact (usually by email) to an attorney from the prospective “client.” Te “client” purports to be a foreign corporation or individual that needs assistance in collecting a debt owed by an individual or entity located in the same general area as the attorney. Te scheme has multiple sub-variations, but usually


results in the attorney receiving “payment” of the “claim” in the form of a purported cashier’s or corporate check. Te “client”


24 Trial Reporter / Winter 2012


requests that the attorney to wire funds to the “client’s” account (typically overseas) as soon as possible. Some “client” may offer a larger “commission” if the attorney wires the funds on an expedited basis. Te paying bank later returns the check as counterfeit and the attorney’s account is debited for the full amount of the check.


Real Estate Scam


In this scenario, a foreign individual/entity seeks assistance in the sale or purchase of high end residential property. Te “client” reaches out to a local real estate broker who then engages an attorney to assist in the settlement. Te attorney once again receives “payment” in the form of a large dollar purported cashier’s check. Shortly after receiving this purported check, the attorney is asked to wire a portion of the money once again, usually overseas. Te paying bank later returns the check as counterfeit and the attorney’s account is debited for the full amount of the check.


Altered Checks Altered checks are another common type of fraud that


can affect a business. Tis scheme involves a perpetrator intercepting a check that the business has issued for legitimate purposes. He then uses chemicals to erase the amount, or


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