Fraudulent Funds Transfer and Theft Process
Law firms are among the most frequently industries for computer theft including fraudulent funds transfer. The SafeLaw cyber theft response team provides firms with leading technical and legal resources to help firms minimize loss from hackers, social engineers, and rogue employees. Randy Sabbet from Cooley LLP leads the SafeLaw computer theft team. A summary of our methodology for responding to computer theft is as follows:
The SafeLaw cyber theft response includes technical forensics experts from Mandient, AVG, Verizon, and Trustwave as well as legal experts from Baker Hostetler versed in trust accounting law and law firm ethical obligations. Randy Sabbet will deploy the best technical resources to determine if the firm’s network security was breached or if the breach occurred elsewhere. In cases where the firm’s network was breach, our technical experts will help the firm determine the source and type of attack, terminate the threat, preserve evidence, and resecure the firm’s network.
Once the firm has investigated the attack and determined how the theft occurred, our legal experts help the firm assess any potential regulatory risks, contractual obligations, legal liability, and potential brand damage associated with the theft. We will also advise the firm on the best approach to complying with applicable regulatory, ethical and contractual obligations as well as dealing with the victim(s) and protecting the firm’s interests.
Depending on what was stolen and when, Randy’s team will advise the firm on recovering the lost money, securities or other property from the financial institutions, clients and others whenever possible. Most frequently, we are asked to assist clients with fraudulent funds transfers and in such cases its very difficult to recover the money especially when the funds were transferred internationally. However, we can advise the firm on it’s legal obligations as well as the best course of action to attempt to recover the firm’s money including contacting the transferring and destination bank immediately, tracing the money, and working with the local courts to quickly freeze the fraudsters bank before the money is transferred out.
In some cases, a cyber theft result in professional liability lawsuits, regulatory proceedings, or disciplinary actions brought against the firm. In the event professional liability lawsuits, regulatory actions, or disciplinary actions are brought against the firm, Kevin will recommend 3-5 legal defense lawyers with significant expertise in cyber theft and/or trust accounting to defend the firm.