Article Index
Articles by Topics: Fraud
07 August 2015
, by Loong Sheng Li, Jardine Lloyd Thompson Sdn Bhd
Keywords: "client account", "clients' account", "financial loss", SAR, "Solicitors’ Account Rules", "trust fund"
Jack Alastair, the sole proprietor of The Law Chambers of Alastair, notified Insurers of a possible employee embezzlement in his law firm. In his notification, Jack apprises that his account's officer, Elena, had committed criminal breach of trus...
17 September 2014
, by Loong Sheng Li, Risk Management Executive, Jardine Lloyd Thompson Sdn Bhd
Keywords: "Client Handling", "client management", "email scam", Fraud, "identity fraud", "lawyer client", "Practice Management"
Fraud lies hid in general expressions
The general rule of the internet is to never believe everything you read; however, in the context of fraud on a law firm or lawyer, there are many plausible ways of this occurring. Zooming in...
02 July 2014
Keywords: Technology
Facts:
It has come to the Bar Council’s attention that a legal firm recently received a bogus phone call purporting to be from a reputable software company’s customer service. The bogus caller had full details of the legal firm&rsq...
01 July 2014
, by Ragunath Kesavan, Chairperson, PII Committee
Circular No 137/2014
Dated 1 July 2014
To Members of the Malaysian Bar
Practice Alert: Legal Firm Scammed into Releasing Client’s Money to Fraudster
It has come to Bar Council’s attention that a legal fir...
01 April 2014
, by Tan Sue Vern, Jardine Lloyd Thompson Sdn Bhd
Keywords: Checklists, Communication, Conveyancing, Fraud, "Practice Management"
Mortgage fraud is common in many jurisdictions around the world. Escalating prices of property serve as a strong incentive for fraudsters. A “successful” mortgage scam can leave parties with large losses and start disputes as to ...
01 January 2014
, by Wong Hok Mun
Keywords: "Case Study", Conveyancing, Fraud
The Facts
Once upon a time, Jack went up the hill to look for Jill. Now, Jack was a rogue and had forged a Power of Attorney ("PA") in his favour, allegedly from the true owner of a piece of land. The truth however ...
01 September 2013
Keywords: "Case Study", Conveyancing, Fraud, "Land Search", Notification, "Stakeholder Duty"
All names in the case studies are fictitious.
Claim 1: Duty of Care
In 1996, Andrew (Purchaser) purchased a piece of land in Selangor from Gilbert (Vendor) for RM300,000. Gilbert introduced Andrew to Rick & Co; and...
01 March 2013
Keywords: Accounts, Dishonesty, "Firm Management", Fraud, "Office Management"
Disclaimer: This extract was taken from the article ‘An Explanation of Some of the Main Terms of the 2013 Certificate of Insurance’ which was published in JURISK! March 2013. The information herein has been edited to reflect the ...
01 September 2012
Keywords: "Client Handling", "Conflict of Interest", Conveyancing, Fraud, "Land Search", "Legal Fees", "SPA Fees"
There are many traps that trip in conveyancing practice, but in this article we attempt to distinguish them into four main categories: Conflict, Identity, Land Searches and Managing Client’s Interest. These appear to be very broadstrok...
01 September 2012
Keywords: "Case Study", "Client Handling", Conveyancing, "Firm Management", Fraud, "Time Management"
Introduction
Conveyancing practice is an area of law with the highest percentage of practitioners in Malaysia. Due to its relatively straightforward, albeit highly procedural-intensive, shorter time commitment and the abundance of client...
08 June 2012
Keywords: Accounts, Dishonesty, Embezzlement, "Firm Management", Fraud, Technology, "third party"
Research has shown that small to mid-size practices are often more vulnerable to fraud than their larger counterparts because they have fewer employees. Firms with fewer employees tend to have less segregation among duties, with fewer intern...
01 June 2012
Keywords: Accounts, Dishonesty, Embezzlement, Fraud, Notification
Likes working alone
Employees that steal from firms more or less have set modus operandi that requires falsifying documentation, forging signatures etc. In order to successfully do so and keep their actions under wraps, they find working a...
01 June 2012
Keywords: Accounts, "Case Study", Dishonesty, Embezzlement, "Firm Management", Fraud, "Sole Proprietors"
The following are case studies of claims notified under the Malaysian Bar PII Scheme. All names of people and places have been replaced to maintain anonymity.
Case Study 1: Misusing Trust and Authority
Total amount embezzled: RM2,5...
01 June 2012
Keywords: Accounts, "Case Study", Dishonesty, Fraud, Misconduct, PII
…innocent partners within the firm will be protected and covered in a claim involving misconduct?
Dishonest and fraudulent conduct by any member of a Firm is detrimental to any law practice; even more so when it involves the misa...
01 December 2011
Keywords: Accounts, "Case Study", Dishonesty, Embezzlement, "Firm Management", Fraud, PII
Does your firm's PII Policy provide cover against dishonesty?
Public policy dictates that only an innocent partner/s can seek indemnity of any form. Clause 11 of the 2014 Certificate of Insurance (“COI”) protects and inde...
01 March 2011
, by Tony Woon Yeow Thong
Keywords: "email scam", Fraud, s&p, "sale and purchase agreement", spa
Bar Council is concerned about the growing number of reports and complaints received in relation to persons who hold themselves out as being authorised to offer legal services to the general public, or who masquerade as advocates and solicitors re...
01 December 2010
, by Shyamala Manoharan and Wong Li Chin
Keywords: Accounts, "Case Study", "Firm Management", Fraud, "Office Management", PII
Partnership/pahrt-ner-ship/ (noun):
The relation which subsists between persons carrying on business in common with a view of profit.[1]
In West Malaysia, there are 5,786[2] law firms in operation, 48.75% are partnerships.
Of...
01 June 2010
, by Amanda Soo and Shyamala Manoharan
Keywords: "Case Study", Conveyancing, Fraud
Facts:
A syndicate, possibly involving EPF members/third parties submit false documents on behalf of an EPF Member to facilitate the approval of withdrawals from the member's funds in Account II (Housing).
The third party offers...
01 December 2009
, by Selva Veeriah, Advocate Solicitor, Vazeer Akbar Majid & Co
Keywords: "Client Handling", "client management", Conveyancing, "Firm Management", Fraud, "identity fraud", "Practice Management"
What is identity fraud?
Identity fraud is when someone impersonates someone else in order to secure a benefit. Usually, the impostor unlawfully obtains personal identifiable information belonging to an innocent party and uses it to open ba...
01 June 2009
Keywords: Accounts, "Firm Management", Fraud, "Office Management"
HOW TO REDUCE RISK OF FORGERY OF CHEQUES?
Ask yourself these 10 questions about your firm's financial and accounting practices.
Do you or your partners:
Regularly ask for status reports from your accounts staff?
Exercise ...