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Recent Posts
- Virginia Court in Email ACH Funds Transfer Fraud Case Relies on NACHA Rules in Permitting Claims Against Bank
- Nevada Bench Trial Applies UCC in Allocating Loss Between Hacked Seller and Duped Buyer
- Salvatore Scanio’s Article on the NAIC Insurance Data Security Model Law Published by ABA’s Cybersecurity and Data Privacy Committee
- New York Court Rejects Cut Down of UCC Art. 4A’s 1-Year Notice Rule for Unauthorized Funds Transfers
- FinCEN Advisory Highlights Cybercriminals Exploiting COVID-19 Pandemic for Funds Transfer Fraud
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Tag Archives: Robert Ludwig
Illinois Supreme Court Holds a Non-bank Entity is a “Bank” Under UCC Art. 4A
The Illinois Supreme Court, applying the Uniform Commercial Code’s broad definition of a “bank,” held that a futures commission merchant was a “bank” for purposes of a fraudulent wire transfer under Article 4A. Whitaker v. Wedbush Securities, Inc., 2020 Ill. … Continue reading
Posted in BANKING & FINANCE, CORPORATE, INSURANCE, INTERNATIONAL, LITIGATION
Tagged Account Takeover, Bank Liability, Cybercrime, Cybersecurity, Definition of Bank, Email Fraud, Funds Transfer Fraud, futures commission merchant, Robert Ludwig, Salvatore Scanio, UCC Article 4A, Uniform Commercial Code, Wire Transfer Fraud
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D.C. Law Firm Victim of Email Wire Fraud Fails to Sufficiently Plead Bank Aiding and Abetting
A recent email funds transfer fraud case illustrates a novel claim against a bank dismissed at the pleading stage. Beins, Axelrod, PC v. Analytics, LLC, 2020 U.S. Dist. LEXIS 71713 (D.D.C. Apr. 23, 2020). After a D.C. law firm, seeking its … Continue reading
Posted in BANKING & FINANCE, CORPORATE, INSURANCE, INTERNATIONAL, LITIGATION
Tagged Aiding and Abetting Liability, Attorney’s Fees, Bank Liability, Business Email Compromise, Computer Fraud and Abuse Act, Cybercrime, Cybersecurity, Email Fraud, Funds Transfer Fraud, Robert Ludwig, Salvatore Scanio, UCC Article 4A, Uniform Commercial Code, Wire Transfer Fraud
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Cybercriminals Exploiting COVID-19 Pandemic for Funds Transfer Fraud
In April 2020, the FBI issued four notices detailing the increased level of cybercrime seeking to exploit the COVID-19 (coronavirus) pandemic. Cybercriminals are exploiting the pandemic in countless ways, from preying on human vulnerability to taking advantage of the increased use of online … Continue reading
Posted in BANKING & FINANCE, CORPORATE, INSURANCE, INTERNATIONAL, LITIGATION
Tagged ABA, Account Takeover, ACH Fraud, Business Email Compromise, coronavirus, COVID-19, Cybercrime, Cybersecurity, Dark Web, Data Breach, FBI, FSLC, Funds Transfer Fraud, Insurance Recovery, Malware, money mules, Multifactor Authentication, Robert Ludwig, Salvatore Scanio, Social Engineering, Social Media, SWIFT, UCC Article 4A, Uniform Commercial Code, Wire Transfer Fraud
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Technology and Salvage: Using Social Media in Recovery and Allocating Cybercrime Funds Transfers to Third Parties
Robert W. Ludwig and Salvatore Scanio presented their paper, Technology and Salvage: Using Social Media in Recovery and Allocating Cybercrime Funds Transfers to Third Parties, at the Fidelity and Surety Law 2020 Midwinter Conference of the American Bar Association, Tort … Continue reading
Posted in BANKING & FINANCE, CORPORATE, INSURANCE, INTERNATIONAL, LITIGATION
Tagged ABA, Account Takeover, ACH Fraud, Business Email Compromise, Cybercrime, Cybersecurity, Dark Web, Data Breach, FSLC, Funds Transfer Fraud, Insurance Recovery, Malware, Multifactor Authentication, Robert Ludwig, Salvatore Scanio, Social Engineering, Social Media, SWIFT, UCC Article 4A, Uniform Commercial Code, Wire Transfer Fraud
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Recent 11th Circuit Opinion in Financial Institution Bond Coverage Case Illustrates Definition of “Counterfeit”
As reported in our July 2014 post, “More Federal Decisions Highlight Need to Invoke Original Document Defense in Financial Institution Bond Cases,” several recent federal decisions have served as reminders of the importance of the original document requirement defense under … Continue reading
L&R Prevails for PNC Bank in $5 Million Bank Suit in Maryland
L&R recently prevailed for client PNC Bank, N.A. in a lawsuit filed in Rockville, Maryland arising out of a $9 million distressed real estate investment scheme. On May 15, 2015, the Circuit Court for Montgomery County closed the case, after … Continue reading
More Federal Decisions Highlight Need to Invoke Original Document Defense in Financial Institution Bond Cases
As reported in our September 2013 Newsletter, recent federal decisions in Michigan serve as instructive reminders of the need for insurers in Financial Institution Bond (FIB) cases to timely explore the availability of, and invoke, the original document requirement defense … Continue reading
Posted in BANKING & FINANCE, CORPORATE, INSURANCE, LITIGATION
Tagged Bank Fraud, Counterfeit Securities, Cybercrime, Declination Letter, EFT Fraud, Electronic Funds Transfer (EFT), Electronic Transmission, Financial Institution Bond (FIB), Insurance Coverage, Original Documents, Robert Ludwig, Salvatore Scanio, Waived Defenses, Wire Transfer Fraud
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Eighth Circuit Upholds Ruling and Allows Attorneys’ Fees in Favor of Bank in Malware Wire Case Where Customer Refused Security Procedures
In a recent malware case arising from a large fraudulent wire transfer, the Eighth Circuit Court of Appeals upheld the district court’s grant of summary judgment to the bank. Choice Escrow and Land Title, LLC v. BankcorpSouth Bank, 2014 U.S. … Continue reading
Posted in BANKING & FINANCE, CORPORATE, LITIGATION
Tagged Account Takeover, Attorney’s Fees, Bank Customer Contract, Cybercrime, Deposit Account Agreement, EFT Fraud, Electronic Funds Transfer (EFT), Malware, Online Banking, Robert Ludwig, Salvatore Scanio, Security Procedures, UCC Article 4A, Wire Transfer Fraud
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L&R Obtains Summary Judgment for PNC Bank in Maryland $5 Million Banking Suit
In March 2014, L&R obtained summary judgment in Maryland state court for client PNC Bank, N.A., dismissing the rest of a suit arising out of a $9 million distressed real estate investment scheme. Ivanhoe Investment Partners, LP, et al. v. … Continue reading