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  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
  • Pamela Goldstein, Ellyn Berk, Tony Berk, Paul Benjamin v. Houlihan/Lawrence Inc.Commercial Division document preview
						
                                

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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