Update: 10/18/13. We received a report today that the name of a San Antonio law firm is being used in a debt collection scam, where scammers apparently obtained files from a payday loan company. The scammers are calling people all over the country, saying they are with the law firm, and threatening the people with arrest if they do not immediately pay their debts. Law enforcement and the Secret Service in San Antonio are investigating the matter.
Texas attorneys should be extra-vigilant regarding potential scams involving fraudulent checks or wire transfers. These scams are increasing in sophistication, sometimes involving innocent third parties who seek legal services at the request of a scam artist.
The bottom line is this: Never issue a check from a trust account until deposited funds have been collected.
Scam scenarios include:
- a request for help in collecting a divorce settlement from an ex-spouse
- unsolicited email requests for legal help collecting money or judgments, sometimes apparently coming from actual professionals whose identities have been stolen
- a real estate transaction for an overseas client (whose identity was stolen by a scam artist) involving an innocent third-party realtor
- impersonation of law firms by scam artists who issue bogus checks and attempt to charge a fee for the checks to clear
- a bogus check received by a law firm, purportedly for payment regarding representation of an inmate
- impersonation of a lawyer and law firm by a scammer "collecting debts" under the attorney's name
Again, be vigilant and do not disburse funds from your accounts until underlying funds have cleared your bank (and not simply been made “available”).
Cases involving bank fraud are investigated by the Secret Service. If you are targeted, contact an office in your area. Internet fraud should be reported to the Internet Crime Complaint Center.
If a scam has targeted you or your firm, please leave a comment below describing the scenario or tactics the scammer used.