Dear Juris Doctor,

Are there Internet banking safety issues? I know that some banks allow deposits with the use of smart phones.

Amy from PGA

Dear Amy;

You may be referring to a recent experience at a real estate closing.  The attorney gave a check to the seller. Within 15 minutes the seller returned, gave the attorney the check and requested a wire transfer.  The attorney complied.  In a few days the attorney realized he was the victim of a scam.  The seller’s bank allows bank deposits with an application on a smart phone.  The seller photographed the front and back of the check, pushed a button and the check was deposited in his account without ever visiting the bank.  He then returned the check to the attorney (without revealing his nefarious act) and received a wire transfer for the same amount as the check.  Now the matter is with law enforcement but the attorney may never recover the shortage in his trust account if the seller’s funds have been hidden or transferred in cyberspace.

Now that you are aware of the potential for fraud, be careful if someone attempts the same scam with you.

Sincerely, J.D.

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