"AvoidAClaim" Blog

An Ontario lawyer advised us today that he has received an initial contact email message based on the collaborative law agreement scam where the fraudster is using the name Alice Goldbery. Other names attached to this fraud lately include Dennis Luo Nicholas , Adrian Benavides, Anita Bell and Gloria Lee.

Over the last several months, hundreds of lawyers from across North American have reported to us that they received various versions of these messages. The reports to us are the tip of the iceberg – clearly thousands are being targeted. These fraudsters will actively respond to communications, sign retainer agreements (but not pay retainers as promised), provided identity documents and other supporting documentation, including copies of the collaborative agreement, a payment agreement and ultimately a fake cheque or bank draft. See the above posts for samples of these documents. One Ontario lawyer was successfully duped by this fraud. For a more detailed description on how these bad cheque scams work see this earlier AvoidAClaim post.

Here is the email:

From Alice Goldbery – alicegoldbery@aol.com

Your Truely,
Alice Goldbery

If you have been targeted by this fraud, please forward any of the emails you have received to fraudinfo@lawpro.ca.

For more immediate updates on fraud and claims prevention, subscribe to the email or RSS feed updates from LAWPRO’s AvoidAClaim blog.

If you are a LAWPRO insured, please call LAWPRO at 1-800-410-1013 (416-598-5899) if you suspect you are acting on a matter that appears like it might be a fraud. We will talk you through the common fraud scenarios we are seeing and help you spot red flags that may indicate you are being duped. This will help you ask appropriate questions of your client to determine if the matter is legitimate or not. In the event the matter you are acting is a fraud and there is a potential claim, we will work with you to prevent the fraud and minimize potential claims costs.

If you have been successfully duped, please immediately notify LAWPRO as there may be a claim against you. Instructions on how to report a claim are here.

Further fraud prevention information and resources are available on the practicePRO Fraud page (www.practicepro.ca/fraud), including the Fraud Fact Sheet, a handy reference for lawyers and law firm staff that describes the common frauds and the red flags that can help identify them.

Through December and early February several lawyers have reported receiving the below message from the purported Rika Takahashi. As of late March, a different message is being sent using Takahashi’s name – see below. And you can click here to view a transcript of a conversation between a California lawyer and the fraudster.

The initial contact message suggests a payment is owed further to a collaborative law agreement and it is identical to those used in previous fraud attempts we have seen by Kathy Cheung, Peggy Higashi, Beverly Kawashima, Jennifer Wong and Zaira Hoshiko.

Over the last several months, hundreds of lawyers from across North American have reported to us that they received various versions of these messages. The reports to us are the tip of the iceberg – clearly thousands are being targeted. These fraudsters will actively respond to communications, sign retainer agreements (but not pay retainers as promised), provided identity documents and other supporting documentation, including copies of the collaborative agreement, a payment agreement and ultimately a fake cheque or bank draft. See the above posts for samples of these documents. One Ontario lawyer was successfully duped by this fraud. For a more detailed description on how these bad cheque scams work see this earlier AvoidAClaim post.

The content of the initial contact message was as follows…

From: Rika Takahashi – rika.taka7730@gmail.com
Sent: Thursday, February 03, 2011 7:10 AM
Subject: Divorce Settlement Issue

Your’s truly,
Rika Takahashi

On March 30, 2011 we heard from another lawyer who recieved this message from Takahashi (interesting that names of senders’ email addresses don’t match):

To (lawyer email address)
From: Yusuf S Saleh – y.saleh@csuohio.edu On Behalf Of Rika Inagaki – r.inagaki@csuohio.edu
Sent: Tuesday, March 29, 2011 6:35 PM
Subject: Re: 2nd time i am emailing you

Your’s truly,
Rita Takahashi
rikaashi@msnzone.cn

Click here to view a copy of the Takahashi “Final Decree of Divorce”

Click here to view the Takahashi collaborative law agreement

Click here to view the Takahashi entitlement settlement agreement

This is a copy of a cheque one lawyer received (mailed from Brampton, ON) Click to enlarge.

If you have been targeted by this fraud, please forward any of the emails you have received to fraudinfo@lawpro.ca.

For more immediate updates on fraud and claims prevention, subscribe to the email or RSS feed updates from LAWPRO’s AvoidAClaim blog.

If you are a LAWPRO insured, please call LAWPRO at 1-800-410-1013 (416-598-5899) if you suspect you are acting on a matter that appears like it might be a fraud. We will talk you through the common fraud scenarios we are seeing and help you spot red flags that may indicate you are being duped. This will help you ask appropriate questions of your client to determine if the matter is legitimate or not. In the event the matter you are acting is a fraud and there is a potential claim, we will work with you to prevent the fraud and minimize potential claims costs.

If you have been successfully duped, please immediately notify LAWPRO as there may be a claim against you. Instructions on how to report a claim are here.

Further fraud prevention information and resources are available on the practicePRO Fraud page (www.practicepro.ca/fraud), including the Fraud Fact Sheet, a handy reference for lawyers and law firm staff that describes the common frauds and the red flags that can help identify them.

Over the last several months we have seen this fraud a few times, and several times in the last 2 days. It is a simple bad cheque fraud (see this post for an explanation of how this type of fraud works) and involves the supposed payment of a settlement due to an injury at work from an employer to employee. Versions have come from people purporting to be Karen L. Clark, Gary Triestman (g.triestmansr@hotmail.com) or Michael Park (juispark@yahoo.co.jp).

The text of the initial contact message by Karen Clark appears here:

To: (blank as bcc’d to many people)
From: Karen Clark – karenlclrk.lclark@gmail.com
Sent: March-28-11 9:23 AM
Subject: Dear Counsel

Regards,
Karen Clark

A lawyer who asked for details on the matter got this response:

Good day to you and thanks for responding to my email. Please pardon my late email response as my condition does not allow me to stay long on the computer and sometimes pick the telephone. It is a little bit difficult to Gage the best time to reach you vice versa as I am currently now in Japan. We are 13-14 hours ahead of you.

Regards,
Karen

Click here to view a copy of the settlement agreement provided by the fraudster.

If you have been targeted by this fraud, please forward any of the emails you have received to fraudinfo@lawpro.ca.

For more immediate updates on fraud and claims prevention, subscribe to the email or RSS feed updates from LAWPRO’s AvoidAClaim blog.

If you are a LAWPRO insured, please call LAWPRO at 1-800-410-1013 (416-598-5899) if you suspect you are acting on a matter that appears like it might be a fraud. We will talk you through the common fraud scenarios we are seeing and help you spot red flags that may indicate you are being duped. This will help you ask appropriate questions of your client to determine if the matter is legitimate or not. In the event the matter you are acting is a fraud and there is a potential claim, we will work with you to prevent the fraud and minimize potential claims costs.

If you have been successfully duped, please immediately notify LAWPRO as there may be a claim against you. Instructions on how to report a claim are here.

Further fraud prevention information and resources are available on the practicePRO Fraud page (www.practicepro.ca/fraud), including the Fraud Fact Sheet, a handy reference for lawyers and law firm staff that describes the common frauds and the red flags that can help identify them.

An Ontario lawyer advised us that he has exchanged a number of email messages based on the collaborative law agreement scam where the fraudster is using a new name: Anita Bell. Looks like there is a new round of these frauds using new names such as Dennis Luo Nicholas , Adrian Benavides and Gloria Lee. The initial contact message suggests a payment is owed further to a collaborative law agreement and it is identical to those used in previous fraud attempts we have seen by Kathy Cheung, Peggy Higashi, Beverly Kawashima, Jennifer Wong and Zaira Hoshiko.

Over the last several months, hundreds of lawyers from across North American have reported to us that they received various versions of these messages. The reports to us are the tip of the iceberg – clearly thousands are being targeted. These fraudsters will actively respond to communications, sign retainer agreements (but not pay retainers as promised), provided identity documents and other supporting documentation, including copies of the collaborative agreement, a payment agreement and ultimately a fake cheque or bank draft. See the above posts for samples of these documents. One Ontario lawyer was successfully duped by this fraud. For a more detailed description on how these bad cheque scams work see this earlier AvoidAClaim post.

Here is a transcript of the emails to and from the targeted lawyer after the initial contact email:

From Anita Bell – ibebatuta0147@gmail.com

Sincerely,
Anita Bell.

Let me have a look tomorrow Anita.

Dear Counsel
I tried calling a couple of times and with the time difference(+13hrs EST) it is a little bit difficult to guage the best time to reach you vice versa. I am contacting your firm in regards to a divorce settlement with my ex husband who resides in your jurisdiction. I am currently on assignment in Japan. We had an out of court Agreement (Collaborative Law Agreement).
Please i want you to get back to me on what to do next in this case.
I hope to hear from you asap.
Your’s truly ,
Anita Bell

Hi Anita
I read the collaborative agreement. I would like to review this matter with you and get more info.

My rate is $350/hour + hst (13%) + disbursements. I shall require a retainer of $1000 at this time to review the matter.

Dear Counsel,

Please do send me your retainer form as to have an agreement with your firm or you don’t have ?. Once I receive a retainer from your firm, I will go through the terms and condition. s. For the remittance of the initial fee. I will get back to you asap.
Regards,
Anita Bell

Hi Anita

I still do not understand how the settlement sum ended up in the agreement before the collaboration work started. What is the breakdown of the settlement? What does it involve? Where was the agreement entered into? where did you each live at the time? etc Is there a divorce judgment? do you have a copy? etc.

I am writing you regarding the payment i have to made to your firm, i have neva paid money out side my country before this is the first time,so told my friend the information which you gave to me for the transfer of the funds to your firm, please you have to send me your firm address so that i can get back to you asap. check your bank info below.

You have my info from the source you found me on.  I am not doing anymore until I receive funds.

The fraudster than introduces the ‘ex husband’ into the exchange!

After informing my Ex Naoki Kazuo that you meant be contacting him soonest, he then wrote back saying he will send a Cheque for half of what owe to me, which I feel inclined to grant or maintain a decent relationship, giving him till weekend to produce the monies and remit payment.
 
Nonetheless, after the grace time expires, full measures must be initiated against Naoki. Therefore, till the time granting expires, I will not make contact to Naoki, unless advised by you, to do so. Also, if the payment is send by Naoki, that will be solely controlled by you as my attorney for any and all payment that will be made to and secured in your trust account.  Thank you for your professional assistance, I await your acknowledgment of this email immediately.
 
Sincerely,
Anita Bell
 
N.B
===
Below is the mail between Mr.Naoki Kazuo and I.

Hi Anita,
 
                I told you why I have not paid you the balance of the money, the business I invested in took longer than I had planned and things have been little bit slow for me. But promise I will start paying by instalments. So please call off this whole lawyer stuff, and I do not want any legal litigation against me. Hope you have not forgotten we have kids between us? I behave and maintain a good name here in Nice, and the last thing I want is lawyers calling me day and night regarding this matter. Common, despite that I owe you, we are not enemies. I do not want to talk to no lawyer, I will send a check for half of what I owe to you. How are my kids doing? extend my greetings to them. And again, I did not forget Chongan’s birthday, promised I will make it up to her.
 
Regards,
Naoki.

Hi Anita
I hope you will get your ex’s  money as promised.  That would be great.
And happy birthday to Chongan.

If you have been targeted by this fraud, please forward any of the emails you have received to fraudinfo@lawpro.ca.

For more immediate updates on fraud and claims prevention, subscribe to the email or RSS feed updates from LAWPRO’s AvoidAClaim blog.

If you are a LAWPRO insured, please call LAWPRO at 1-800-410-1013 (416-598-5899) if you suspect you are acting on a matter that appears like it might be a fraud. We will talk you through the common fraud scenarios we are seeing and help you spot red flags that may indicate you are being duped. This will help you ask appropriate questions of your client to determine if the matter is legitimate or not. In the event the matter you are acting is a fraud and there is a potential claim, we will work with you to prevent the fraud and minimize potential claims costs.

If you have been successfully duped, please immediately notify LAWPRO as there may be a claim against you. Instructions on how to report a claim are here.

Further fraud prevention information and resources are available on the practicePRO Fraud page (www.practicepro.ca/fraud), including the Fraud Fact Sheet, a handy reference for lawyers and law firm staff that describes the common frauds and the red flags that can help identify them.

An Ontario lawyer advised us today that she has received an initial contact email message based on this scam where the fraudster is using a new name: Gloria Lee. Looks like there is a new round of these frauds using new names such as Dennis Luo Nicholas , Adrian Benavides, and Anita Bell.. The initial contact message suggests a payment is owed further to a collaborative law agreement and it is identical to those used in previous fraud attempts we have seen by Kathy Cheung, Peggy Higashi, Beverly Kawashima, Jennifer Wong and Zaira Hoshiko.

Over the last several months, hundreds of lawyers from across North American have reported to us that they received various versions of these messages. The reports to us are the tip of the iceberg – clearly thousands are being targeted. These fraudsters will actively respond to communications, sign retainer agreements (but not pay retainers as promised), provided identity documents and other supporting documentation, including copies of the collaborative agreement, a payment agreement and ultimately a fake cheque or bank draft. See the above posts for samples of these documents. One Ontario lawyer was successfully duped by this fraud. For a more detailed description on how these bad cheque scams work see this earlier AvoidAClaim post.

Here is a transcript of the emails to and from the targeted lawyer:

To: undisclosed-recipients:;
Subject: 28th Feb 2011
Date: Mon, 28 Feb 2011 22:35:49 +0000
From: Gloria Lee
–
I am contacting your firm in regards to a divorce settlement with my ex husband David Lee who resides in your jurisdiction. We had an out of courtagreement (Collaborative Law Agreement) for him to pay certain amount, but, he has only paid me a small amount. Hence, I need your firm`s assistance to
collect the balance from him.
Gloria Lee gloria.lee2000@gmail.com
+81424844615

Dear Ms. Lee:

XXXXX XXXXX
Attorney at Law

I thank you for your prompt response. Currently am living in South Korea for an assignment and David Lee lives in your jurisdiction Charles County . I tried calling a couple of times and with the time difference(+13hrs EST) it is a little bit difficult to gauge the best time to reach you vice verse. We agreed under this Collaborative Law Agreement for a one time cash settlement of $681,500.00 usd to his credit, he has paid me $181,000.00 usd but still owing $500,500.00 usd. He is aware of my intention to seek legal actions. I will be pleased to provide further information on this matter on request. I expect this to be a non-litigation matter. I have already advised him I am planning on retaining your firm. If possible please send me a retainer agreement so that we can proceed. Also send me the payment information of your firm just in case my ex-husband wants to make the full payment he owes without further delays or possible litigation. Thank you and have a pleasant day.

ADDRESS: RM 206,357 -33, SHINDANG – DONG, CHUNG -GU, SEOUL, SOUTH KOREA
TELEPHONE NUMBER : +81424844615
Regards,
Gloria Lee

If you have been targeted by this fraud, please forward any of the emails you have received to fraudinfo@lawpro.ca.

For more immediate updates on fraud and claims prevention, subscribe to the email or RSS feed updates from LAWPRO’s AvoidAClaim blog.

If you are a LAWPRO insured, please call LAWPRO at 1-800-410-1013 (416-598-5899) if you suspect you are acting on a matter that appears like it might be a fraud. We will talk you through the common fraud scenarios we are seeing and help you spot red flags that may indicate you are being duped. This will help you ask appropriate questions of your client to determine if the matter is legitimate or not. In the event the matter you are acting is a fraud and there is a potential claim, we will work with you to prevent the fraud and minimize potential claims costs.

If you have been successfully duped, please immediately notify LAWPRO as there may be a claim against you. Instructions on how to report a claim are here.

Further fraud prevention information and resources are available on the practicePRO Fraud page (www.practicepro.ca/fraud), including the Fraud Fact Sheet, a handy reference for lawyers and law firm staff that describes the common frauds and the red flags that can help identify them.

An Ontario lawyer advised us today that she has received an initial contact email message based on this scam where the fraudster is using a new name: Dennis Luo Nicholas. Looks like there is a new round of these frauds using new names (See new AvoidAClaim blog posts on Adrian Benavides ,Gloria Lee and Anita Bell scams). This initial contact message suggests a payment is owed further to a collaborative law agreement and it is identical to those used in previous fraud attempts we have seen by Kathy Cheung, Peggy Higashi, Beverly Kawashima, Jennifer Wong and Zaira Hoshiko.

Over the last several months, hundreds of lawyers from across North American have reported to us that they received various versions of these messages. The reports to us are the tip of the iceberg – clearly thousands are being targeted. These fraudsters will actively respond to communications, sign retainer agreements (but not pay retainers as promised), provided identity documents and other supporting documentation, including copies of the collaborative agreement, a payment agreement and ultimately a fake cheque or bank draft. See the above posts for samples of these documents. One Ontario lawyer was successfully duped by this fraud. For a more detailed description on how these bad cheque scams work see this earlier AvoidAClaim post.

Here is the initial contact message and subsequent emails between a lawyer and the fraudsters:

From: “Dennis Luo Nicholas”
Sent 3/27/2011 12:06:55 PM
To:
Subject: **SPAM** *Hi Counsel.

Sincerely,
Dennis Luo Nicholas.
DennisDNicholas@hotmail.com

Mr. Nicholas:

We will have to start with as much information as you can provide in regard to her and her assets, and send over a copy of the judgment/order if you have it and if not I will track one down.

Ref’ to your response, I cannot speak or call you as I am very busy at the moment but would appreciate we communicated via email for now The written settlement agreement or decree of divorce which sets forth the terms of payment, But be rest assured that on or before tomorrow you should have the entire required Doc; that would allow you act on my behalf.Once again, let me inform you that it’s based on the noticed I received from her representative that lead me in contacting you for yourservices.I believe you will act promptly immediately receive of the document and also would like us to communicate via email for now Thanks once again for your response …..Expect my response in a couple of days
Wait to hear from you
Dennis Luo Nicholas

If you have been targeted by this fraud, please forward any of the emails you have received to fraudinfo@lawpro.ca.

For more immediate updates on fraud and claims prevention, subscribe to the email or RSS feed updates from LAWPRO’s AvoidAClaim blog.

If you are a LAWPRO insured, please call LAWPRO at 1-800-410-1013 (416-598-5899) if you suspect you are acting on a matter that appears like it might be a fraud. We will talk you through the common fraud scenarios we are seeing and help you spot red flags that may indicate you are being duped. This will help you ask appropriate questions of your client to determine if the matter is legitimate or not. In the event the matter you are acting is a fraud and there is a potential claim, we will work with you to prevent the fraud and minimize potential claims costs.

If you have been successfully duped, please immediately notify LAWPRO as there may be a claim against you. Instructions on how to report a claim are here.

Further fraud prevention information and resources are available on the practicePRO Fraud page (www.practicepro.ca/fraud), including the Fraud Fact Sheet, a handy reference for lawyers and law firm staff that describes the common frauds and the red flags that can help identify them.

An Ontario lawyer advised us today that he has received an initial contact email message based on this scam where the fraudster is using a new name: Adrian Benavides (or Gloria Lee or Dennis Luo Nicholas or Anita Bell). This initial contact message suggests a payment is owed further to a collaborative law agreement and it is identical to those used in previous fraud attempts we have seen by Kathy Cheung, Peggy Higashi, Beverly Kawashima, Jennifer Wong and Zaira Hoshiko.

This is initial contact message from this latest attempt:

From Adrian Benavides – adrianbenavides86@yahoo.com.hk

Thanks for your interest in my case, I’ will attached copy of our outof court agreement at your request.

Adrian Benavides


Benavides agreement

How to handle a real or suspected fraud (more…)

The practicePRO Guide to Resources is a handy reference to all the risk and practice management material we offer, contained in a 4 page brochure format. We’ve recently updated the Guide, and a PDF version is available here.

The Guide introduces the reader to the main facets of practicePRO:

• The AvoidaClaim blog
• The practicePRO.ca website
• LawPRO Magazine archives and topical listing
• The “managing” series of booklets
• Wellness & balance
• The Lending Library
• Practice Aids
• The Online Coaching Centre

The back page features our Top 10 most downloaded resources in three categories: LAWPRO Magazine articles, precedents & checklists, and supplemental resources.

If you would like some copies for your office, just email us and we’ll mail some out to you.

Almost everyone now uses Google for their day to day personal information searches, but it can also be a powerful tool and low-cost technology and research tool for lawyers to use in their offices.

Google for Lawyers: Essential Search Tips and Productivity Tools by Carole A. Levitt and Mark E. Rosch provides effective searching tips and an introduction to other free Google productivity tools to both the novice and advanced user. It shows how the small firm lawyer can use Google to compete with the large IT budgets of big firms. In this book you’ll find:

• Advanced search features that will help you find information you might have otherwise missed.
• An introduction to free Google office applications.
• How to use Google to find free case law, set up Alerts, and locate information about witnesses, clients, and the opposing side of a case.
• How to use Google Analytics to track traffic on your website.

Click here to view the table of contents

The practicePRO Lending Library is a free resource for Ontario lawyers of more than 100 books on a wide variety of law practice management related topics. You can see a full listing of our books here. You may borrow a book in person or via e-mail.

The practicePRO Library is located in our office at 250 Yonge Street, Suite 3101 in Toronto and can be visited during our regular business hours (Mon to Fri, 8:30 to 5:00). We invite you to come by anytime to peruse our selection. All titles in the practicePRO Lending Library can be shipped to Ontario lawyers at our expense, and returned at yours after three weeks.

If you would like to borrow this or any other book please email us. Most of our titles are also available from the ABA Web Store or the major booksellers here in Canada.

Late in February a real estate lawyer reported to LAWPRO an attempted fraud that came to him through a real estate agent he frequently works with involving an individual purporting to be Shiukmoda Joji. Almost 60 other lawyers and real estate agents from all over North America have since reported to us that they were contacted by the purported Joji. It appears very large numbers of lawyers and real estate agents are being targeted by this fraud. Clearly real estate agents are being approached to give credibility to the deal when it is referred to a lawyer.

It appears to be a bad cheque deposit scam. In this type of scam the fraudster pretends interest in a property and sends a certified deposit cheque or bank draft that will be deposited in the lawyer’s trust account. Soon after, some reason will be given for backing out of the deal and the fraudster will ask for his deposit back, minus whatever legal fees and penalities the lawyer holds back. Of course, the original cheque was fraudulent, so any amount the lawyer sends to the fraudster will cause a shortfall in the trust account.

The text of the initial contact emails are as follows:

I am MR.SHIUKMODA JOJI. a Japanese origin I need a 4 to 5 bed room single family home to buy and it as to be a traditional sale and its going to be a cash buy, with a garage and 2 bath with or without swimming pool price should be $550,000 to $800,000.00 please send me some listing/MLS to choose in any of this area good and nice to stay as my retirement home.

MR.SHIUKMODA JOJI

The real estate agent then forwarded some property listings and received this reply:
From: Shiukmoda Joji
Date: Mon, 28 Feb 2011 23:36:08 +0800 (HKT)
To:
Subject: NEEDED DETAILS

In some versions of the above message Joji claims to live at 4644 Jane Street, Toronto Ontario Canada M3N 2K9.

Here is the explanation given to one lawyer as to why the fraudster couldn’t wire funds and a CIBC bank account statement indicating funds were available in an account here.


From: Shiukmoda Joji [mailto:jojishiukmoda@yahoo.com]
Sent: Wednesday, March 09, 2011 4:26 PM
To: XXXX XXXXX
Subject: RE: MLS#: O4973236

Mr. Joji.

CIBC statement from Shiukmoda Joji

Further to back and forth email messages to another lawyer, this message cites the recent earthquake as the reason that funds can’t be wired:

Sent: Sunday, March 13, 2011 10:00 PM
To:
Subject: PAYMENT FOR MLS # 240757,$558,000
Thanks,

MR.SHIUKMODA JOJI

In October, an Ontario lawyer targeted by this scam sent us a copy of a fake passport provided by the fraudster.

If you have been targeted by this fraud, please forward any of the emails you have received to fraudinfo@lawpro.ca.

If you are a LAWPRO insured, please call LAWPRO at 1-800-410-1013 (416-598-5899) if you suspect you are acting on a matter that appears like it might be a fraud. We will talk you through the common fraud scenarios we are seeing and help you spot red flags that may indicate you are being duped. This will help you ask appropriate questions of your client to determine if the matter is legitimate or not. In the event the matter you are acting is a fraud and there is a potential claim, we will work with you to prevent the fraud and minimize potential claims costs.

If you have been successfully duped, please immediately notify LAWPRO as there may be a claim against you. Instructions on how to report a claim are here.

Further fraud prevention information and resources are available on the practicePRO Fraud page (www.practicepro.ca/fraud), including the Fraud Fact Sheet, a handy reference for lawyers and law firm staff that describes the common frauds and the red flags that can help identify them.

For more immediate updates on fraud and claims prevention, subscribe to the email or RSS feed updates from LAWPRO’s AvoidAClaim blog.