On July 14, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Ellyn Berk,
Pamela Goldstein,
Paul Benjamin,
Tony Berk,
and
Houlihan Lawrence Inc.,
for Commercial Division
in the District Court of Westchester County.
Preview
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1883 RECEIVED NYSCEF: 04/22/2024
EXHIBIT 10
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1883 RECEIVED NYSCEF: 04/22/2024
Message
From: Meyers, Stephen [/O=HOULIHAN LAWRENCE/OU=HL/CN=RECIPIENTS/CN=SMEYERS]
Sent: 5/25/2017 11:43:18 AM
To: #ALL HL USERS [/O=HOULIHAN LAWRENCE/OU=HL/cn=Recipients/cn=All Houlihan?Lawrence Users]; Margaret
Bernabei [/O=HOULIHAN LAWRENCE/OU=EXCHANGE ADMINISTRATIVE GROUP
(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=Margaret Bernabeiblb]; Eric Swarthout [/O=HOULIHAN
LAWRENCE/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=Eric Swarthout5d5]
Subject: Wire Fraud Incident - PLEASE READ!!!
Attachments: Anti-Fraud Disclosure.pdf; Wire-Fraud-Tips-For-Pending-Sales.pdf
Good morning,
We are writing to inform you that we learned last Friday that a buyer client of a Houlihan Lawrence agent had
become the victim of wire fraud.
Here is what we know so far: One of our agents had been assisting a client in the purchase of a new home. A
scammer had somehow obtained the identity of the buyer's attorney. A week before the scheduled closing,
the agent received what appeared to be a legitimate e-mail from the buyer's attorney. However, it turned out
to be a very cleverly disguised e-mail from the scammer masquerading as the buyer's attorney. Posing as the
attorney and using the excuse of a recent "e-mail system upgrade", the scammer requested the e-mail
address of the buyer which he claimed to have lost. Through the agent's innocent reply, which was copied to
the buyer, the perpetrator was able to obtain the buyer's e-mail address. Then, again disguised as the buyer's
attorney, the scammer used that contact information to send bogus wire instructions to the buyer requesting
the funds needed for the upcoming closing, to which the buyer unwittingly complied. To the buyer's horror, it
was later discovered that their six-figure sum had been wired to the scammer's bank account and is not likely
to be recovered.
Internet based wire fraud has become the subject of much attention in the real estate brokerage community
and our company. With this epidemic of fraudulent activity running rampant throughout our industry, it is
more imperative than ever that we be as vigilant as possible in our effort to protect ourselves and our
clients.
Criminals have created a frightening and dangerous new environment, more sophisticated than ever. As your
manager should have advised you by now, it is MANDATORY that you present every buyer and seller client
with our Anti-Fraud Disclosure Statement (copy attached) upon initial engagement and have the client sign it.
We want to help our clients and you stay safe so let's do what we can to prevent wire fraud. Maintain a
healthy skepticism when reviewing communications. This fraud would have been tough to catch, but "tells"
may include a request that does not quite makes sense, like the lawyer asking for the contact information of
his own clients; a slightly varying email address from the supposed email sender; misspellings and syntax
errors. Trust your gut. Any inquiry that refers to the transfer of funds or includes the request for banking or
contact information is suspect. Pick up the phone and call the sender to confirm. Never participate in an
email discussion about client funds. Even requests for client contact information may be fraudulent, as we
have unfortunately seen. Take your time to consider your electronic communications. When in doubt,
stop. Contact your manager or our IT department with any issue or question. Our IT department has
established the following help lines to assist you: e-mail: fraudalert@houlihanlawrence.com or call 914-273-
HELP.
Thank you for your attention to this very serious matter.
HIGHLY CONFIDENTIAL - COURT PROTECTIVE ORDER HL00647116
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1883 RECEIVED NYSCEF: 04/22/2024
All the best,
Stephen and Chris
HIGHLY CONFIDENTIAL - COURT PROTECTIVE ORDER HL00647117
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1883 RECEIVED NYSCEF: 04/22/2024
HOULIHAN LAWRENCE
I. ANTI-FRAUD DISCLOSURE TO CONSUMERS
Anti-Fraud Disclosure Statement
Electronic communications such as email, text messages and social media messaging, are
neither secure nor confidential. While Houlihan Lawrence has adopted policies and
procedures to aid in avoiding fraud, even the best security protections can still be bypassed
by unauthorized parties. Houlihan Lawrence will never send you any electronic
communication with instructions to transfer funds or to provide nonpublic personal
information, such as credit card or debit numbers or bank account and/or routing numbers.
YOU SHOULD NEVER TRANSMIT NONPUBLIC PERSONAL INFORMATION, SUCH AS CREDIT OR
DEBIT CARD NUMBERS OR BANK ACCOUNT OR ROUTING NUMBERS, BY EMAIL OR OTHER
UNSECURED ELECTRONIC COMMUNICATION, EMAILS ATTEMPTING TO INDUCE
FRAUDULENT WIRE TRANSFERS ARE COMMON AND MAY APPEAR TO COME FROM A
TRUSTED SOURCE.
If you receive any electronic communication directing you to transfer funds or provide
nonpublic personal information, EVEN IF THAT ELECTRONIC COMMUNICATION APPEARS TO
BE FROM Houlihan Lawrence, do not respond to it and immediately contact Houlihan
Lawrence. Such requests, even if they may otherwise appear to be from Houlihan Lawrence,
are likely part of a scheme to defraud you by stealing funds from you or using your identify to
commit a crime.
To notify Houlihan Lawrence of suspected fraud related to your real estate transaction,
contact: [antifraud @houlihanlawrence.com or call 914-273-HELP.
ACKNOWLEDGMENT: I/we have read this Anti-Fraud Disclosure Statement and understand
that Houlihan Lawrence will never send me/us any electronic communication with
instructions to transfer funds or provide financial account numbers or other nonpublic
personal information.
Signature Date Signature Date
HSOA-00013262.813-2-2017tc
HIGHLY CONFIDENTIAL - COURT PROTECTIVE ORDER HL00647118
FILED: WESTCHESTER COUNTY CLERK 04/22/2024 11:45 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1883 RECEIVED NYSCEF: 04/22/2024
f
HOULIHAN LAWRENCE
SINCE 1888
NOTICE ABOUT WIRE FRAUD SCAMS
The real estate industry continues to be a target for Internet hackers and
scammers. As your closing date approaches, please keep the following in mind:
• Hackers send emails to home buyers and sellers and attempt to impersonate
real estate agents and lawyers/title closers involved in the closing;
• Hackers may send fraudulent wire instructions to get you to wire funds to an
account controlled by the hacker:
• Never trust an email with wire instructions or asking you to provide sensitive
financial information;
• Always call your closer to confirm wire fraud instructions, using a phone
number you looked up from an independent source. Never use a phone
number from an email; the criminal will often provide their phone number in
a spoofed email.
• If you ever receive an email communication related to your purchase
or sale that you find suspicious, please send it to:
fraudalert®houlihanlawrence.com.
800 WESTCHESTER AVENUE, SUITE N505 RYE BROOK, NEW YORK 10573
914.273.2800 I TOLL FREE 888.454.7356 I HOULIHANLAWRENCE.COM
HIGHLY CONFIDENTIAL - COURT PROTECTIVE ORDER HL00647119
Document Filed Date
April 22, 2024
Case Filing Date
July 14, 2018
Category
Commercial Division
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