Date First Reported: January 2013

Primary Name Associated: Linda Kirk

Description of Potential Fraud:

fraud-warning

A lawyer in Ontario and one in California have notified us that they’ve received an email from the purported Linda Kirk looking to retain them with regards to a breach of a business loan agreement. This is similar to other frauds of this kind we have seen. For a full description of how this fraud works and to see other names attached to it, see our Confirmed Fraud page that deals with business loan frauds.

Here is the email:

From: Linda Kirk To:
Subject: LEGAL ASSISTANCE NEEDED

LEGAL ASSISTANCE NEEDED

Attn: Counsel, I have a collection issue that have to do with loan agreement, please advise if you may be able to take up this case at this time, as it involves a huge some of $760,000 with a 6.5% interest, while only $242,000 has been repaid.

Expecting to read from you soon.

Regards,
Linda Kirk

A lawyer who replied got this response and fake documentation:

Thank you very much for your response to my mail and your readiness to accept this case. The name of the debtor is JAMES WILSON who resides at 206 Via Alta, Santa Maria CA 93455. His email address is [email protected]

He borrowed the funds on 2 occasions to enable him purchase his materials that is Machinery Equipment from my home country Japan as we were both into the same line of business which he introduced me to about 10yrs ago. He borrowed a total sum of $760,000 with and interest of 6.5% but has only repaid a total of only $242,000 leaving an outstanding of $518,000 plus the interest of $49,400 totalling the sum of $567,400.

My name is Linda Kirk, I have since retired to my home town Japan and this is why James Wilson has not paid me back this money. If there is no conflict as regards this man and your firm, you may send him a demand letter in the first instance and see to his response.

Enclose here is the Agreement Promissory Note which we entered into before i loaned him the funds.

Please send me your scope of retainer agreement fee for my consideration which will be signed and return to you.

Thanking you for your anticipation.

Regards,
Linda Kirk
2 Kamimeguro,
Meguro-ku, Tokyo. Japan
81-35-786-9232

KIRK & JAMES WILSON AGREEMENT(2)

KIRK LOAN AGREEMENT

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.

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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.