05/27/2020
Beware of scam artists. I got an email to my firm through the "contact me" button on my website. It was from a purported potential client from overseas. They claimed they had a divorce decree they wanted to enforce against their ex-spouse, who was now in Arizona. I exchanged a couple of emails with this person and it quickly became apparent that this was a form of what is called a fake check scam. Although this particular version of the scam was clearly designed for a family law firm, this scam exists in many forms.
The essence of the scam is that the victim, for one reason or another is sent a fake cashier's check. Due to banking regulations, when the victim deposits the fake check in their account at least a portion of the funds will be available for withdrawal immediately or shortly after the deposit. The victim is then convinced to withdraw a portion of those now available funds and forward them on to someone else. Later, when the check is determined to be fake, the funds are clawed back from the victim's account and the victim is out the money that was forwarded on.
In this case I was meant to take the money of my fees out of a check that was to be sent by the "ex-spouse" and forward the rest to the "client". But I have seen versions of this scam where the victim is someone advertising a vehicle for sale online. An out of state buyer wants to buy the car and have it shipped to the buyer. The cashier's check is sent to cover the purchase price of the car and the shipping. The transporting company is fake, the seller sends the money to the transporting company by wire or other unrecoverable means, and never hears from the transporting company or the buyer ever again. The check bounces, the money for shipping the car is out of the buyer's pocket.
Be aware that (a) fake cashier's checks exist and (b) just because funds for a deposit are credited to you account does not mean that they can't be clawed back later if the check is faked or if a funds transfer is made using a compromised account. Also, a legitimate business transaction won't involve someone paying extra to pay a third person to do something for the first person.
Be careful online and in real life. If something seems to good to be true it probably is.