A dozen lawyers in Canada and the U.S. have notified us that they have received an email from the purported Kew Lew Kimora of Futaba Corporation Limited regards to a commercial debt litigation scam. For examples of other names attached to this kind of fraud see our Confirmed Fraud Page. For an explanation of how this fraud works see our Fraud Fact Sheet.
Here is the initial email:
From: kew kimora
Sent: Thursday, August 30, 2012 9:49 AM
Futaba Corporation is a Japan based company dealing in the manufacturing,
sales and supplies of Vacuum tubes, Vacuum Fluorescent Displays (VFD) and
field emission display (FED). We require your firms Legal services in some
outstanding payment matters with a number of debtors in your locality.
Please confirm your firm’s availability in this regards for services, as we
await your prompt reply.
Do have a nice day.
Kew Lew Kimora
Senior Executive Manager
A lawyer who replied got this response:
Thank you for your prompt reply. As explained in my earlier mail, we have a case of delayed payment with a number of clients in your locality. Basically we have 5 account there and we want them to be handled on a case by case basis. Please find below the details of the first account for the purpose of conflict check, namely:
Beemer Precision Inc.,
230 New York Drive
The above client made purchase of Vacuum tubes, Vacuum Fluorescent Displays (VFD) and field emission display from us, on the 15th of August, 2010, to the tune of $450,649.50, for use at their various branches. At the time of purchase a down payment of $120,000.00 was made, leaving an outstanding balance of $330,649.50.00. With reference to the sales agreement entered into by both parties, it was concluded that the outstanding balance be spread within 6 month, starting from October 2010. As at today, they are already over 10 month behind the payment schedule agreed upon.The Sales Agreement entered into states that the balance payment must be made payable not exceeding March 2011, or legal actions may be enforced. According to our agreement as delivery was received and confirmed in good condition since 15th of August 2010.
We have been making frantic efforts through series of telephone call to ensure that the outstanding balance is paid, but all our efforts have not yield any positive result. It is important that I let you know that this debtor is still in a very good standing, and they never had any complain with the items bought, neither have they said they would not pay. They have just been asking for more time to enable them resolve some technical matters and, and once they are done, payment will be effected. This we have waited for, for over six months now, with no progress and we DO NOT have the patience to wait anymore; hence we have decided to seek legal redress/action against them; reason why we have contacted your firm.
Since all our own effort in this regards have proved abortive, it is our believe that once the presence of Futaba Corporation, is established in your state by a legal representative, your firm, if retained, our client will have no option than to comply with settlement request to avoid legal actions. In this regards,we believe that a normal procedure would be for you to contact our client either by a phone call or demand letter if your services is retained. Due to the fact that we hold most of our client in high esteem and wish to keep our business relationship with them, litigation is perhaps the last option to consider, though we would like the comfort of letting our client know that this option is available and that litigation may be enforced if it becomes necessary.
As a result of all the efforts we have made, we have thus decided to bring to the notice of our Board/Management, that we have already initiated legal step, and in this regards, would find it very helpful if you forward to our attention your standard retainer agreement for review. This will enable me present your retainer agreement to the Board/Management for review, and the possibility of retaining your firms services.
We are grateful for your anticipated services. Please pardon my bad english, as my english not good at all; hence i will appreciate all communication through email for my better understanding and comprehension.
Do acknowledge receipt as we look forward to a prompt reply from you.
How to handle a real or suspected fraud
If you have been targeted by any of these frauds, please forward any of the emails and supporting documents that you have received to email@example.com.
If you suspect you are acting on a matter that might be a fraud, call LAWPRO at 1-800-410-1013 (416-598-5899). 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. If the matter you are acting on turns out to be 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.
For more immediate updates on fraud and claims prevention, subscribe to the email or RSS feed updates from LAWPRO’s AvoidAClaim blog.
Fraud Fact Sheet More fraud prevention information and resources are available on the practicePRO Fraud page, 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.