Commercial debt collection scam using the names Kiyoshi Tin and Gems Medical Equipment
Date First Reported: September 2014
Primary Name Associated: Kiyoshi Tin
Description of Potential Fraud:
Seven firms in Ontario and the U.S. have notified us that they received an email from the purported Kiyoshi Tin of Gems Medical Equipmentlooking to 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: [email protected] [mailto:[email protected]]
Sent: Monday, September 08, 2014 11:36 PM
Subject: Legal Assistance Required!
We require your assistance to sue our client for breach of contract, Please advise. Mr Kiyoshi Tin. Gems Medical Equipments Ltd.
Replying to the email brought this response:
Top of the day to you Attorney.sequel to your recent mail,First I must thank you for your interest in this endeavor but before we commence it will be better you know more about our company, GEMS Equipments Ltd is a surgical and medical equipment manufacturing company based in Japan & United Kingdom. We are one of the largest manufacturers and suppliers of health care products to America and overseas markets.
We have discovered that past dues are over $5,000,000.00 for Months now. We believed that we would have been paid this monies if we have a reputable Law Firm like yours to contact this customers on our behalf and demand payment. So we decided to contact you if you can and help in collection of these delinquent accounts.
Below are the areas we would require your expertise:
1) Provide legal consultation, collections of delinquent due accounts,required representation / bring actions in court against the delinquent customers based on
agreed amount per hour or percentage on collection made. and would be placed on a 10% contingency fee of the total sum you collect on behalf of the company
We are of the opinion that once our presence is established in your City via legal representative our customer will have no option but comply with payment request to avoid legal action/litigation.
We understand that a proper Attorney Client agreement must be entered into by both parties so we want you to send us your standard letter of engagement or retainer fee agreement for us to review and sign, then we will provide you with the retainer fee and the delinquent accounts.
Please accept my sincere appreciation for your willingness to render your services, as we look forward to your prompt response to my email. If you have any questions, you can contact me personally anytime by Phone or email, It will be very helpful if we receive your standard contingency agreement/engagement letter in order to proceed forward.
Gems Medical Equipments Ltd
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.
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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.
September 12, 2014 at 12:35 pm, Diane said:
I received this email, in British Columbia. The email address is different (its a gmail account) but everything else is the same.
September 15, 2014 at 9:48 am, Hashem said:
I received this mail in last weeks.
the sender email is [email protected]>
Good morning to you.
This will not be an office work. It is a part-time work. GEMS does not have a location in Canada. This is the reason why we ask you to be our representativ agent in Canada.
Yes this is a 10% fixed commission PLUS a $7,000 CAD monthly fixed income.
The work does not require many years of experience. We just want you to receive payments from our customers in Canada and process payments before forwarding to us the balance less your commission.
Thank you for your interest in working with us, we would indeed open your partnership file, you have to first furnish us with your full contact information which consist of the following so we can open up your partnership file and then get started.
Full Contact/Postal Address:
Company Name if any:
Been into sales before, if yes how many years:
Kindly get this details to us so we can proceed, as we look forward to working with you.
Ms. Juliana Nakatu
September 15, 2014 at 11:49 am, ale biglio said:
I received exactly the same letter and another with a bogus contract (down here). Company on google street view doesn’t exist, everything is full of mistakes and their website is so unprofessiona it’s ridiculous. PS I’ve been contacted first through Linked-in with this message
On 09/11/14 5:59 PM, Richard Kaczkowski P.Eng. wrote:
Hello Ale Biglio
My sincere apologies for this unannounced approach. I am Richard Kaczkowski P., a Public Relations Officer with GEMS Ltd in my district and this is a reach out to you- that GEMS Ltd are in need of a Financial Coordinator in Canada. This is a part-time offer, so you can earn extra income while doing your normal job/business. If interested, kindly reply to the recruiter agent Ms. Juliana Nakatu ([email protected]) for more info.
Richard Kaczkowski P.
From: Gems Medical Equipments Ltd. [mailto:[email protected]]
Sent: September-15-14 7:11 AM
To: alessandro biglioli
Subject: Memorandum of understand (MOU)
Hello Mr. Ale Biglio,
Good morning to you.
We write to inform you about our conflict check and that we have concluded all necessary identification. We have seen that you’ve been into sales for a long time and as someone with good sales experience and that we can work with. I have attached to this email the company Memorandum of Understanding for you to review, sign and return a soft copy to us via email as soon as possible, as this would serve as a legal contract between GEMS and you as the representative partner.
Please be informed that there is a new client from Canada whom we just concluded our new order programs and negotiations with their office and they are willing to remit payments to us ASAP.
Kindly have this done so we can commence complete approval of your partnership.
We look forward to having a long-term business relationship with you, Do acknowledge receipt of this email.
Ms. Juliana Nakatu
GEMS MEDICAL EQUIPMENTS LTD
951 Angyouryou Negishi,,
Fax +852 2765 8428
GEMS MEDICA EQUIPMENTS LTD
GEMS MEDICAL EQUIPMENTS LTD
951 Angyouryou Negishi,
TELL +852 8199 0710
Fax +852 2765 8428
E-mail : [email protected]
MEMORANDUM OF UNDERSTANDING BETWEEN GEMS MEDICA EQUIPMENTS
This agreement is between GEMS MEDICA EQUIPMENTS LTD and REPRESENTATIVE herein referred
to as “Partner”
This Memorandum of understanding is designed to define the relationship and agreement between GEMS
MEDICA EQUIPMENTS LTD and REPRESENTATIVE and this document “Signatory” will act as
legal agreement instrument of specifying responsibilities and accountability procedures between both
parties. This office wishes to communicate to you the interception of your parcel via a diplomatic delivery
scheme with the following content.
GEMS MEDICA EQUIPMENTS LTD is placing its clients trust and funds in your care, we are providing
guidelines and procedures that will promote the success of our business and deliver accountability to all.
1. GEMS MEDICA EQUIPMENTS LTD and REPRESENTATIVE sign Memorandum of
Understanding and agree to work together.
2. Selected Partner must maintain records efficiently.
3. The selected Partner Relay information from customers to GEMS MEDICAL EQUIPMENTS LTD
Partner/Agent Agree to:
1. Communicates and work towards growth of both parties with mutual respect and integrity.
2. Respects client’s wishes, but confide in GEMS MEDICAL EQUIPMENTS LTD for directives.
3. Remit 90% of funds collected from clients to GEMS MEDICAL EQUIPMENTS LTD.
4. Participate in progress meetings annually with the company executives and other partners.
Both parties recognize our common goals to be:
1. Remittance of payment from clients to GEMS MEDICA EQUIPMENTS LTD.
2. A monthly salary of $7,000 CAD and 10% pay for Representative on completion of every transaction.
I, REPRESENTATIVE have reviewed this Memorandum of Understanding and agrees to adhere to the terms
specified in this Memorandum of understanding Issued by GEMS MEDICAL EQUIPMENTS LTD.
Gerard Pattinson. Representative.
September 17, 2014 at 11:46 pm, Sharon said:
I also received this email in the last couple of weeks.
Initially was contacted “via LinkedIn” using a profile of Bill Clark who when I viewed the his profile was connected to a number of persons I know well and trusted. I checked and currently his profile is no longer on LinkedIn.
I received the following email:
Hello Sharon XXXXX
My sincere apologies for this unannounced approach. I am Bill Clark, a Public Relations Officer with GEMS Ltd in my district and this is a reach out to you- that GEMS Ltd are in need of a Financial Coordinator in Canada. This is a part-time offer, so you can earn extra income while doing your normal job/business. If interested, kindly reply to the recruiter agent Ms. Juliana Nakatu ([email protected]) for more info.
I was silly enough to reply and also received the email requesting my contact information and did submit it.
Does anyone know if the personal information being provided is being used inappropriately? Should we be concerned?
Also has anyone notified LinkedIn of the scam?
July 24, 2015 at 7:37 am, francis said:
Hello just wondering, i receive the same approach from this guys but i got it from a different company, and they actually sent me a cheque what should i do? And the cheque is a certified cheque.
July 27, 2015 at 9:48 am, TimLemieux said:
Just throw away the cheque. It’s fake, even though it looks convincing.
June 09, 2017 at 5:41 pm, James Butler said:
This one got me at first… even as
I asked about their gmail address…
JAPAN CENTRAL MEDICAL, INC. (JCM) Management thank you for considering our part-time job offer, please link us to your clients in US or Canada. Attached to this email is More details regarding our part-time job offer.
Please go through it and get back to us with a response if interested.
Human Resource Dept.
JCM (JAPAN CENTRAL MEDICAL, INC.)
June 19, 2017 at 11:29 am, Denise Lucas said:
I have received a very similar email. I was first contacted on LinkedIn and then I asked for more information and received the following email:
Attention Denise Lucas
Thank you for your message to me. We appreciate your response and the content of your email has been read and duly noted.
FUYUDAI Medical Co. Ltd. is a leading medical equipment manufacturing company located in Japan. We are currently expanding our operation in the Canada regions.
Since its establishment, we have made various medical equipments products which contribute to the Japanese industry as a general producer of medical equipments products.
We proceed through positive research and development,and the expansion of our facilities in order to meet the multiple needs of the industry which has changed over the years.
Due to the challenges in processing payments here in Japan and UK from our clients/customers,and because we are unable to open commercial bank accounts in every state in Canada,the FUYUDAI Medical Co. Ltd. is recruiting representatives to conduct/clear payments from our customers in Canada on our behalf.
You will be an intermediary between FUYUDAI Medical Co. Ltd. and its clients/customers in your region/country.
Our company in Japan which is into export of medical equipment products to other companies especially in Canada and America,we usually encounter problems with payments because of the delay it creates for Canadian checks to clear in Japanese and UK bank accounts.This has prompted us to search for a payment agent in Canada who would stand on behalf of the company.
Our company’s representative must maintain effective communication with management of FUYUDAI Medical Co. Ltd. Secure orders made from existing and prospective customers through a relationship-based approach and maintain proper records of transactions. FUYUDAI Medical Co. Ltd. pays its representatives a 10% commission on every transaction. In addition, we will take care of any incremental tax liability you incur. And you are entitled to a fixed income salary of $4,500 CAD.
We would open your partnership file, you have to first furnish us with your full contact information which consist of the following so we can open up your partnership file and then get started.
Provide the above requested details in order to proceed forward.
We hope to have a long term profitable business relationship with you.
I await your response shortly.
Tel#: +44 7937646076
Fax: +44 8458742697
July 12, 2017 at 10:23 am, Rose said:
I also received a similar email, I was also contacted via LinkedIn
August 20, 2018 at 5:10 pm, Guriqbal Singh said:
I have also been contacted the similar way.
Hello Guriqbal Singh
I am David A Ricks, VP/GM at BD (Becton, Dickinson and Company). I received your contact via Linkedin from an agent. Fakoda Medical Ltd is in need of a Financial Rep-Agent in Canada/USA. This is a part-time job offer to earn extra income while doing your normal Job/business.
If interested, Kindly reply to Robert Miller ( [email protected] ) for more details and job description.
David A Ricks
FAKODA MEDICAL COMPANY LTD.
March 18, 2019 at 12:55 pm, Hockey Dad said:
—–Beware Very Sophisticated Scam—–
They will send you a stolen check in your name. The check will cash as you will think everything is alright until the company they stole the check from finds out. The bank will give back the money to the company it was stolen from and come after you for it. Some people have lost tens of thousands. If this happens to you call the RCMP fraud division.
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT (Agreement) dated this –th day of —-, —- by and between Kiyoshi Machinery Co., Limited, a corporation incorporated under the laws of JAPAN and having its principal place of business at 3-42-6 Horinouchi, Suginami-ku, Tokyo 166-0013 Japan (the “Corporation”); and —- of CANADA (the “Contractor”).
WHEREAS the Corporation is placing its clients’ trust and funds in Contractor’s care, the Corporation will be providing guidelines and procedures that will promote the success of their business and deliver accountability to both parties. The Corporation desires to obtain the benefits of the services of the Contractor, and the Contractor desires to render such services on the terms and conditions set forth.
1. Term of Agreement
This Agreement will become effective on —, and shall remain in effect for one (1) year from its effective date. Thereafter, it shall automatically renew in increments of one (1) year on the day after the anniversary date.
2. Services to be Rendered by Contractor
As an Account Receivable Agent, the Contractor hereby agrees to provide the Corporation with the following services (the “Services”);
a. Communicate and work towards growth of both parties with mutual respect and integrity.
b. Liaise with Canadian customers of the Corporation with delinquent account(s) via phone and email.
c. Collect and process payment from such customers for delinquent account(s).
d. Remit 90% of collected payments (less bank charges) to the Corporation or any individual or company as required by the Corporation and retain 10% as commission.
e. In the event any customer makes a remittance to the Corporation directly as a result of efforts of the Contractor, the Corporation will remit 10% of the received amount back to the Contractor as commission within 10 days of receipt by the Corporation.
Subject to providing the services as outlined above, the Contractor is entitled to:
a. A monthly payment of $3,000.00 CAD. The first month is due 28 days after this Agreement comes into effect through wire transfer.
b. 10% commission on every collected payment(s).
4. Probation Period
It is understood and agreed that the first ninety days of this contract shall constitute a probationary period during which period the Corporation may, in its absolute discretion, terminate the Contractor’s engagement, for any reason without notice or cause.
5. Performance Reviews
The Contractor will be provided with a written performance appraisal at least once per year and said appraisal will be reviewed at which time all aspects of the assessment can be fully discussed.
Either the Corporation or the Contractor may terminate this Agreement at any time by 30 days written notice to the other party. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Corporation, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Corporation at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor.
IN WITNESS WHEREOF the Corporation and the Contractor have caused this agreement to be executed by its duly authorized officers as of the date first above written.
February 24, 2020 at 7:57 pm, Kristen Shea said:
I got an email from kiyoshimi manufacturing offering me a job that requires no experience and will not affect my job in any way. Creepy? Yes…