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Date First Reported: May 2014

Primary Name Associated: Bertrand Pivin

Description of Potential Fraud:

fraud-warning

[Updated June 2014]

Firms in Alberta, Ontario and Washington state notified us that they received an email from the purported Bertrand Pivin of Capio AB Ltd looking to retain them with regards to a commercial debt collection.

This is a classic bad cheque scam that presents as legal matter requiring the assistance of a lawyer. In this scam lawyers will be duped into wiring real funds from their trust accounts after depositing a fake cheque received as payment from the debtor (who is part of the fraud). See our Confirmed Fraud Page for more of an explanation of how these frauds work and to see other names associated with it. Our Fraud Fact Sheet lists the red flags of a bogus legal matter that is really a fraud.

Here is the initial contact email sent by the fraudster to the lawyer:

From: Board Member mailto:[email protected]
Sent: Thursday, May 29, 2014 8:57 AM
To:
Subject: Capio

Our company is soliciting for legal assistance(Attorney) to handle a breach of contract case,either through negotiation or litigation.

Yours Sincerely,
Bertrand Pivin
Board Member
Capio AB (The Group)
Box 1064
SE-405 22 Gothenburg, Sweden
Visiting address: Lilla Bommen 5
Capio.com
Phone: 46 313 60 9350
Fax: 46 31 745 9652

Replying to the email brought this response:

Thanks for your response, we wish to inform you that we would be needing your firms legal help to assist us with a breach of contract matter and also retrieve funds owed to our company. We entered into the contract of sales on the 23rd January 2014 with PRAXAIR and PRAXAIR was supposed to deliver to us on or before 14th February. We received a notice from the selling company on the 7th February requesting for delivery extension to 21th February due to shortage of the product.
We ordered medical equipment from PRAXAIR, and made full payment for the goods to be delivered to us , up till date no goods were delivered. We decided to call off the contract and requested for refunds but they have refused to make the refund to us. The amount in dispute is $737,140.77
We had a cordial and successful business relationship with PRAXAIR over the years, We are hoping to maintain this relationship after settling this issue.
Our expectation upon retaining your firm will be within the scenario of an engagement letter to our client. We believe this will trigger a positive response from them towards amicable settlement otherwise we will not hesitate to go into court litigation. Litigation may be introduced as a last resort when options have been exhausted. We are prepared to pay your retainer fees and look forward to receiving your retainer document.
PRAXAIR ADDRESS
215 NW 36th St Seattle, WA 98107

Yours Sincerely,
Bertrand Pivin
Board Member
Capio AB (The Group)
Box 1064
SE-405 22 Gothenburg, Sweden
Visiting address: Lilla Bommen 5
Capio.com
Phone: 46 313 60 9350
Fax: 46 31 745 9652

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 protected]

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. Instructions on how to report a claim are here.

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.