
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.com
Partner
201-896-7163 rlevy@sh-law.comIf your staff members aren’t properly trained to spot an email scam, your company could lose millions of dollars. According to the FBI’s Internet Crime Complaint Center 2018 Internet Crime Report, business email compromise (BEC) scams and payroll diversion schemes resulted in $1.3 billion in losses in 2018.

Some of the scams happened close to home. In August 2018, the FBI’s Internet Crime Complaint Center (IC3) received a complaint filed on behalf of a town located in New Jersey. The town was the victim of a BEC scam in which they transferred over $1M to a fraudulent account. Thankfully, the FBI was able to work with financial institution partners to successfully freeze the funds and return the money to the town. Of course, many victims of cyber-attacks are not so lucky.
The 2018 Internet Crime Report confirmed that online fraud continues to be extremely profitable for cybercriminals, at the expense of individuals and organizations across the country. Overall, IC3 received 351,937 complaints in 2018, which represent a slight increase over the 301,580 complaints received in 2017. IC3 also estimated that cyber-criminals were responsible for a total of $2.7 billion in financial losses, which is nearly double the $1.4 billion reported in the prior year.
“The 2018 report shows how prevalent these crimes are,” Donna Gregory, chief of IC3, wrote in a statement. “It also shows that the financial toll is substantial and a victim can be anyone who uses a connected device.”
BEC scams remain among the most common and most common cyber-crimes. In 2018, the IC3 received 20,373 BEC/E-mail Account Compromise (EAC) complaints with adjusted losses of over $1.2 billion.
BEC/EAC is a sophisticated scam targeting both businesses and individuals performing wire transfer payments. In one common scam, a business, which often has a long-standing relationship with a supplier, is asked to wire funds for invoice payment to an alternate, fraudulent account. Another scam involves hacking into the e-mail accounts of high-level business executives and using the compromised account to send a wire transfer request to a second employee within the company who is normally responsible for processing these requests or directly to the financial institution.
The perpetrators of a BEC scam are fairly sophisticated and, therefore, more difficult to detect. The e-mail requests for a wire transfer are well written and specific to the business being victimized. In addition, the dollar amounts requested are similar to normal business transaction amounts.
Prior to initiating the fraud, the perpetrators monitor their selected victims to determine the individuals and protocol necessary to perform wire transfers within a specific business environment. They may also send “phishing” e-mails to obtain additional details regarding business or individuals being targeted (name, travel dates, etc.).
BEC and EAC scams are constantly evolving as scammers become more sophisticated. In 2013, BEC/EAC scams routinely began with the hacking or spoofing of the email accounts of chief executive officers or chief financial officers, and fraudulent emails were sent requesting wire payments be sent to fraudulent locations. The schemes are increasingly diverse, involving personal emails compromised, vendor emails compromised, spoofed lawyer email accounts, and requests for W-2 information. While all industries are vulnerable to BEC and EAC attacks, they are particularly common in the real estate sector.
Payroll diversion is another costly Internet-related fraud that increasingly targets businesses. In 2018, the scam resulted in a combined reported loss of $100M, with only 100 complaints reported to IC3.
In the Payroll Diversion scam, cybercriminals target employees through phishing emails designed to capture an employee’s login credentials. Once the cybercriminal has obtained an employee’s credentials, the credentials are used to access the employee’s payroll account. The cybercriminal will typically add rules to the employee’s account preventing the employee from receiving alerts regarding direct deposit changes. The cybercriminal will then change the direct deposit information, redirecting the payroll funds to an account controlled by the cybercriminal, which is often a prepaid card. Institutions most affected by this scam have been education, healthcare, and commercial airway transportation.
The BEC and payroll scams can not only cause financial losses but also significantly harm business relations. With this in mind, below are several tips to help avoid falling victim:
For businesses, it can be challenging to keep track of the increasing number of cyber threats. However, it is imperative to be proactive. That includes making it as difficult as possible for cyber criminals to target your business and being ready to respond should you still fall victim to an attack.
If you have any questions or if you would like to discuss the matter further, please contact me, Robert E. Levy, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Author: George McGowan

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Author: George McGowan

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Author: George McGowan

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!