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Date First Reported: October 2014

Primary Name Associated: Toshimi Gejima

Description of Potential Fraud:

fraud-warning

Two Texas firms notified us that they received an email from the purported Toshimi Gejima of Kyocera Medical Equipment 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 email from the fraudster to the lawyer:

Date: Mon, 6 Oct 2014 10:37:26 -0500
Subject: Re: Legal Inquiry
From: [email protected]

On Mon, Oct 6, 2014 at 6:09 AM, wrote:
Good day,

Do you handle cases on breach of contract? Please advise.

Replying to the email brought this response:

Thank you for responding to my email. With regard to the above subject matter, we placed an order for some goods from Ferguson Enterprise, Inc. back in December, 2013 and the terms of the sales contract requires we to pay 50% of the total cost of the ordered goods before delivery and the balance after we have received the same goods. However, after we paid the initial deposit, we did not receive any goods as required. The goods ought to be delivered in March, 2014. More time was given to them to deliver the goods which they were still unable to meet with. Hence, we requested for a refund.
 
We have made several efforts to have them refund the initial deposit, but to no avail. We have therefore decided to resort to legal means since there is an existing agreement prior to the transaction. Find below details of the supplier for your conflict check.
 
Ferguson Enterprises, Inc
Dallas, Texas 75202

We have suffered so much loss as a result of this failed transaction and we are ready to proceed with litigation if the need should arise. Let us know the best way to have this issue tackled and we will comply as long as we get results. Furthermore, we have concerns and would like you to respond in detail in your reply.
 
Are they any foibles you see in this case?
If litigation is involved, the distance gives us some concern with regards to court appearances. How can this be handled?
How much is your legal fee? Do you charge on hourly basis or contingency?
What should we expect from you? Any guarantees?
 
Please advise on your assessment of this case and i would provide the signed contract and every other info you would need, A quick response will be appreciated.
 
Best Regards,

Toshimi Gejima

President and representative Director
KYOCERA Medical Equipment Ltd
Uemura Nissei Bldg
3-3-31 Miyahara,
Yodogawa-ku,
Osaka 532-0003,Japan.
Tell:  +81645604470

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.