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Changed bank details are among the most ordinary-looking emails a legal or conveyancing practice receives, and that ordinariness is exactly what payment redirection fraud relies upon. A request to update an account for a refund, a deposit or the proceeds of a sale rarely arrives with any visible warning, and the person who opens it is usually managing several matters at once, working to a settlement date and trying to remain responsive to a client. As our previous article, The moment a property settlement scam succeeds, and how to catch it sooner, explained, the loss occurs in the gap between a fraudulent instruction arriving and someone verifying it. This article focuses on that gap, and on what staff should do when a client’s bank details in an email look slightly different from the details the practice already holds.
Staff should stop and take no action on the changed bank details until the client has confirmed them by telephone, using a number already held on the matter file rather than one supplied in the email. No payment should be prepared, and no record should be updated, until that call has taken place. The sequence below turns that principle into a routine.
Both outcomes in the cases described previously turned on this routine. One purchaser’s client queried a change in bank details after receiving a hacked email demanding $75,000 be paid to a new account, and that single call meant most of the money was frozen and recovered. In a matter recorded by the Legal Practitioners’ Liability Committee, a firm instead acted on fraudulent instructions and paid more than $600,000 held on trust into an account controlled by criminals, discovering the fraud only weeks later.
The most reliable sign is any difference from the details the practice already holds, however small, because a convincing email is not evidence that an instruction is genuine. The following checks help staff identify a suspicious message before the call is made, although they never replace the call.
A message sent from a genuinely compromised mailbox will pass every sender check, because it comes from the real address. For that reason, the telephone call, rather than inspection of the email, is the control that carries the weight.
A second approver ensures that no single member of staff, however experienced, is the only barrier between a fraudulent instruction and the movement of funds. Staff handling several settlements in a day are working under time pressure, and a two-person rule removes the expectation that any individual will catch every anomaly alone. The approval should apply to every change to payee details, including those affecting trust account payments, and the verification record from the earlier step gives the second approver something concrete to review rather than a general assurance.
The practice should contact its bank immediately to request a recall of the payment and treat the first few hours as the period in which recovery is most likely. In the cases examined in our previous article, the difference between a recovered loss and a permanent one was rarely the sophistication of the fraud, and almost always the speed of detection and reporting. The following steps should follow without delay.
The Legal Practitioners’ Liability Committee also cautions against assuming that an overdue transfer is simply delayed, since a few days of waiting has repeatedly given criminals the window they need to move funds beyond recovery.
Verification is far easier when the client has been told to expect it. The engagement letter is the natural place to state that trust account details will never change by email, and that any message appearing to alter payment instructions should be checked by telephoning the practice on a known number. Practices that confirm a client’s bank details by telephone at onboarding also create a verified reference point against which any later change can be measured. Where a transaction begins with an agent, platforms such as Securexchange allow bank details to be exchanged inside a verified workspace rather than by email, which removes one of the most exposed steps from the process.
A five-minute call is a small cost when set against the losses described above, and it becomes easier to make when it is simply how the practice operates rather than a response to suspicion. Practices that document the steps, train every member of staff on them and apply them to every changed bank detail, regardless of how legitimate the email appears, remove the judgement call that fraudsters depend upon.
This Cyber Security Awareness Month, build the habits that keep your practice and your clients secure. In our webinar, The checklist trap: Why top firms build a security culture instead, cyber security leader Chirag Joshi joins InfoTrack’s Jerome Boutelet to discuss business email compromise, settlement redirection and the practical steps smaller firms can take without a dedicated security team.
Vishal Duggal is a technology leader with 20+ years of experience, overseeing IT & Security operations across four geographies. He partners with leadership teams to turn technology strategy into outcomes, covering cloud, infrastructure, cybersecurity, and IT service management, while leading teams through change and maximising ROI.