In the never-ending Darwinian struggle of predators and their intended prey, the phishing scammers (the people who try to gull you into revealing sensitive information to them by sending you a convincing but deceptive email that baits the trap so that you will click on a weblink or download a destructive file) are getting better and better, meaning that those of us who don't want to be prey need to more perceptive and careful all the time.  Below is today's first scam.

What's interesting is how good the email looks -- but when you hover your mouse over the baited link (DON'T CLICK UNKNOWN LINKS, hover over them with the mouse to see where they will take you if you are unwise enough to click on them), it reveals a URL from Brazil (carlosbrusman.com.br).

This is a very good example of how to do it right when you try to alert customers or stakeholders about a "phishing" attempt.

"Phishing" is where the scam artist dangles a lure and tries to lure you to bite on what appears to be a safe-looking link that actually leads you to a specially-disguised website, where they get you to give them your private data, all while making it appear that they are helping you).



Willamette Valley Bank is a local institution, and this email (complete text below, image above) is a well-done warning.  Some phishing warnings are so poorly planned that you can't tell whether it's a genuine warning or more phishing. The text of the WVB warning:

Dear Client & Friend,

We recently received a communication alerting us to the fact that there may be an attempted phishing attack in progress. Because we care about the safety of our clients, we are providing you with information and steps to take if you receive this fraudulent email.

Phishing is a form of fraud that is used as an attempt to acquire personal information such as usernames, passwords, and credit card details. The most common way this is attempted is through email.

Emails have been received that reference the "eNFact" product. These emails have been directing recipients to click on a link (shown in the e-mail sample below) which will take them to a mock-Fiserv site which is believed to be installing malicious software onto computers.

The phishing attack will come in an email similar to the one that follows:

[see image above]

1. Do not open the email;

2. Do not click on the link contained in the email; clicking on any of the links contained in the email may install malicious software on your system;

3. If a link is clicked, steps should immediately be taken to protect your computer and/or network;

4. Delete the email from your "Inbox" and "Sent Items.

Please rest assured that your personal information stored on Willamette Valley Bank computers is secure and this threat does not compromise that information. If you have any questions about this at all feel free to contact us:

From a public-spirited attorney in Washington, Peter Fels, who passes on this warning from a Spokane attorney, Dick Sayre.  No reason to think it stops North of the Columbia River.

Folks, the Attorney General is accepting complaints about VA scams which are spreading over Washington like a small plague.  They are working with the VA, who is not at all amused by these goings on.  Of particular interest to the AG are non lawyers selling insurance products and/or irrevocable trusts to disabled seniors with a purpose of shielding assets from VA so as to gain acceptance for Aid and Attendance benefits, but lawyers here and in other states taking part in the scams are also a target of their investigations.

As most of you know, VA does not have a lookback or penalty for gifting assets, making this what appears to be an easy sale for the annuity sellers, who charge for the 'service' and get commissions from the trusts and annuities.  That will likely change as a consequence of this practice.

As many of you know, clients are being talked into making gifts to children, who then either put the funds into an irrevocable trust or buy an annuity 'to keep the funds safe'.   They then apply for Aid and Attendance benefits but, of course, when they later need Medicaid, they are faced with a huge penalty period and extended ineligibility.  DSHS will deny eligibility or deem assets to be in a constructive trust; however, often the client cannot get them back - it's the worst of all worlds.

I have dealt with a number of these cases, and everyone ended badly for the clients.  Here in Spokane, the VA experts are approaching AFH's and nursing homes for presentations, and are being given a warm welcome given that the money goes to the facility.   When the next one of these goes bad, I'll be visiting with some of the litigators on this list about the forseeability of injury when the facility sets these creeps up as experts for financial gain.

The agents pass themselves off as VA experts and have business entities with snappy titles.  They make huge profits for advice and healthy commissions from crappy annuities sold to desperate people without any warning of the consequences of this approach.  As most of you also know, the VA helps people apply for A&A without cost.

If you have complaints, please direct them to Brooks Clemmons or file a complaint as set out below.  Here is contact information for Brooks:

brooksc@atg.wa.gov and (509) 456-3282 (direct line)

It would be helpful to the AG if people filed a complaint online at
www.atg.wa.gov as those complaints go straight into their bank of complaints and are coordinated with similar complaints.  The AG would like to find out if there are persons or families that have been approached or have been taken in as a consequence of these unethical and fraudulent practices.

In Brooks words:  It is our fervent desire to stop this practice and stop others from being harmed.

I have filed several complaints, and I know others have as well.   I've also created some havoc with annuity companies, but most won't budge absent litigation.  Meanwhile, the client is without services or money.   It is now reaching epidemic levels, and I ask you all to refer cases to the AG so we can prevent more people from being irreparably harmed.

Dick Sayre
Sayre & Sayre, PS
Spokane

The other day I warned you about a company that has all the hallmarks of a scam debt relief con -- much like this one in NC (bolded points emphasis is mine):

RALEIGH, N.C. -- A bogus Florida law firm, which claimed it would reduce consumers’ debts by more than half, has been barred from debt-relief work in North Carolina.   Attorney General Roy Cooper announced Tuesday that under a consent judgment approved by Wake County Superior Court Judge Howard Manning,

The Consumer Law Group of Boca Raton has agreed to pay $600,000 in refunds to North Carolina customers who paid the company for help getting out of debt.   “Debt relief scams take advantage of struggling consumers, adding to their burden instead of helping them get out of debt,” Cooper said.   “I’m pleased that we’ve been able to win money back for these
consumers, money that can hopefully help them pay off bills and get on better financial footing.”
 
The $600,000 payout is on top of approximately $600,000 worth of charges the company agreed not to collect from North Carolina customers. An additional $50,000 will help cover the state's costs for work on the case.  The judgment bars CLG from marketing, soliciting or offering a debt-settlement or debt-negotiation services in North Carolina. CLG is also prohibited from claiming that its services are government-sponsored, performed by attorneys, or provide legal representation for consumers.

 Cooper’s office filed suit against CLG in October 2010 after a probe determined that more than 650 North Carolina consumers had paid CLG for debt-relief work but gotten little or no help in return.  People can continue to file complaints about CLG or other debt-relief  companies by calling the attorney general’s Consumer Protection Division at  1-877-5-NO-SCAM toll-free within North Carolina, or filling out a consumer complaint form at www.ncdoj.gov.

 “Don’t pay an upfront fee for help getting out of debt,” Cooper said.
“For real help getting your debts under control, meet with a qualified non-profit credit counselor in your local community, who won’t charge you a big fee.”

 For help finding an accredited, non-profit credit counselor, contact the National Foundation for Credit Counseling at 1-800-388-2227  or www.nfcc.org.