Preventing Check, Wire, & Crypto Fraud in Real Estate Syndications & Investment Funds
Tilden Moschetti: So that
investor is ready. They're going
to make a deposit into your
account. You're excited to have
them, because it's going to be
huge. Your Investment Fund is
almost full. But how do we make
sure that there isn't wire fraud
or check fraud or something
going on that ultimately, at the
end of the day is going to hurt
you? You
Unknown: this day
Tilden Moschetti: and age, wire
fraud, check fraud, crypto
currency fraud, are all
commonplace. Unfortunately, it's
very challenging in today's
world to be able to just take
the money that you need to take
right when an investor wants to
invest most of the time, it
works out great, but not every
single time. And when it
doesn't, when there's fraud
going on, that can cost you,
personally, a lot of money and a
lot of heartache, or it could
cost your investors, which is
probably even worse than it
costing you. So let's go through
some of the things to think
about when we're thinking about
all these kinds of fraud. So
obviously there's all sorts of
different kinds of fraud that's
going on. So let's just take a
general overview about what's
going on in those common
schemes, basically to defraud
you out of your money. Now,
simple ones that we can think
about are those email phishing
scams where it's like, click
here and give us your account
number. It's Wells Fargo, it's
Chase Bank, and you your
account's been hacked or
something bad like that, right?
That people unintentionally
misread these they believe it's
from an authentic source, and
they put in that information.
Now that's not really the common
situation here, but what does
happen from time to time, the
one, certainly the one that I
have seen personally, not to me
or to one of my clients, but
actually to one of my peers.
What happened was somebody had
intercepted an email, had
altered the wiring instructions
on that email, and that money
never came in. That is wire
fraud, and it could certainly
happen to you if steps aren't
taken to prevent it. So in this
case, what had happened is
somebody from overseas was
sending in a large sum of money.
In this case, it was over $2
million that was being sent and
the to, you know, a friend of
mine, to appear. So he never got
it. He knew the wire had taken
place because the clients said
they had placed it, but they
never received anything. Now,
what happens in a situation like
that? Well, fortunately for my
friend, what had happened is on
the wiring instructions on the
very bottom, it said, please
call to verify the all the
information to make sure that it
is going to the right bank
account first, and we will
verify it on the phone for you
to make sure that there isn't
wire fraud. This is to prevent
fraud. Do this first that was
boldly there, and it was in
there on the same copy that the
that the person who was wiring
the money had, who's to blame at
the end of the day? Well, it's
the guy who sent the money,
because it said right there,
please call and verify. And they
never did. So they lost $2
million just based on wire
fraud. Doubtful that they will
ever invest with this guy, but
you know that certainly can
happen. So that's a very common
type of scheme. The other kind
of scheme I've seen is this sort
of fake. Well, we transferred
the money by Bitcoin to you,
here's the wallet that you need
to log into. Oh, looks like you
need to pay an upfront fee in
order to get access to that
wallet. And then there's some
sort of scheme that takes place
there. I've seen that happen too
as well. The third kind of thing
that I've actually seen as well,
Boy, I've seen a lot of these,
is check fraud, where somebody
writes a check, sends the check
for deposit, except it wasn't a
real check. Sometimes banks can
take a long time, like up to 30
days, in order to process a
check. It looked like a real
check. It had the name of a kind
of a real bank on it. It
certainly was a bank that
sounded real, except it wasn't
real. At the end of the day, the
check gets cashed. It's still
pending. And then the pressure
comes from the scammer to say,
give me the money back. Give me
the money back. Give me the
money back. I'm going to file a
lawsuit. I'm going to complain
to the SEC you're going to jail.
What you do is you can't you
give them the money only to find
out that check wasn't real. The
money never actually hits your
bank account and you've just now
made that scam, or whatever
amount of money you've just sent
him. So that's the real kind of
fraud that can take place, and
it can affect syndications and
investment funds. You. So what
can you do to prevent wire fraud
and check fraud from hurting
your investment fund or
syndication Well, first off,
like I said before, make sure
that on your wiring
instructions, it's got
verification instructions. So
make sure that it says very
clearly, hey, if you if you're
wiring money, call our office,
talk to this person and make
sure that the funds are there.
Make sure that this is the
correct account number. You have
our phone number. Verify that
the phone number is correct
between what you see on the
wiring instructions and what you
see here, just to prevent that
issue from changing those
instructions as well. But that
verification is very important.
So always, always, always do
that. If you're a client of mine
and you've wired money to me,
you've seen it there, either
call Tilden or call Christian
and verify those, those wiring
instructions. It's there for a
very good reason. The other idea
is secure communications. Make
sure that your email is locked
down if you're going to send
those by email, make sure that
that happens that way, or make
some sort of mechanism in order
to secure that transmission to
it. Make sure that it's either
takes place through, you know, a
DocuSign agreement so it's
encrypted in that there can't be
any alteration of it, or
something like that, in order to
ensure that the right
information gets sent. And then
third, just make sure you're
aware. Make sure that you are up
on different ways that check
fraud, wire fraud, takes place,
that you can be on the lookout
to do that, to protect yourself.
Now to another way to predict,
prevent wire fraud and check
fraud and crypto fraud, that is
also just good for the whole
world is educate your investors.
It's something worth talking to
them about. I mean, I'm talking
to you about it right now,
because it's useful information,
and you need it, and you should
be talking to your investors too
about it, because why you're
putting it there, it's really to
protect them. Ultimately, just
like I'm talking to you about it
now, is really to protect you
ultimately. So have an awareness
campaign make sure that they
know that this is, this is
reality, and that you, because
you're a professional, because
you've got their best interests
at heart, you're making sure
that they have this information
in order to protect themselves.
You also want to have some
verification process built in,
and that can be by verification
on the wire, as we talked about,
or if they're paying by check,
verify that it's a real check
and something like that.
Certainly if it's certified
funds from a huge new US Bank, I
probably wouldn't be too worried
if the if everything on it looks
proper, and if the routing
number is the same, it's
probably pretty good that it's a
not a fake check. If it's a
cryptocurrency, God, help you.
You've got some challenges here.
It's very difficult to prevent,
prevent fraud in the crypto
space, just by its very nature.
And third, what you want to do
is report any suspicious
activity, any suspicious
behavior, to the authorities,
and make sure that you know it
gets stopped. It may not be your
investors that are doing it. It
probably is somebody that's a
bad actor somewhere in the
middle, and you want to put a
stop to that, to protect your
investor and to protect
yourself. Now, if you, as an
investment fund manager or a
syndicator, do suspect wire
fraud, what do you need to do?
Well, you got to act fast. So
these people move these
scammers, they move super fast.
You want to protect yourself
early, as quickly as you can. If
you notice anything suspicious,
you find out, you do research
and make sure that it's on the
level. I've had conversations
with my clients, making sure
that when they're transferring
money back, or these things
happen, making sure that it's
going to be taking place in a
mechanism that's going to
ultimately protect the investor.
Paper. It make sure that the
anything bad happens, it's not
on you make sure it's on
somebody else. If it's the
investor that you're returning
money, to have them say, Yes, I
want the money back. I want the
money back by wire. These are
the wiring instructions. You
verify the wiring instructions
at the bank. Make sure that
everybody knows okay, this has
all been verified, and that's
just to protect you. So take
immediate action. Now also
report anything that's bad to
the FBI? Yes, the FBI, Internet
Crime Complaint Center, is there
to help you prevent wire fraud.
That's their role. So obviously,
wire fraud is international, is
national and international, but
as far as the US is concerned,
that is handled by the FBI,
they've got a whole. Division
that takes care of this to
prevent this from happening, and
then make sure that you've got
procedures in place, make sure
you've got instructions about
wire fraud and things like that
to make sure that you're
protecting yourself. Wire fraud,
crypto fraud, check fraud, those
are all things that actually do
face that syndicators and
investment fund managers do face
and you should be working
actively to prevent it, not only
for you, but for your investors
as well. It is good for the
world to make sure that those
people who are trying to steal
that money get punished in the
way that they deserve, which is
they don't get punished in the
way they actually deserve, but
they get punished a little bit.
Ultimately, they really should
be. You know, locked up, thrown
away the key. And those people
are the scum of the earth, the
absolute scum. They do not
belong anywhere near us. So wire
Frau, obviously, I care a lot
about that. So, check fraud,
wire fraud, crypto fraud, be on
the lookout. Be safe. Make sure
that your client's money is
safe, that your money is safe by
preventing these types of things
from happening. My name is
Tilden moschetti. I'm a
syndication attorney for the
moschetti syndication Law Group.
Now, if I can help you put a
syndication together or an
investment fund together, I'd be
happy to talk with you more if
you're interested in knowing how
to do prevent wire fraud or
check fraud or crypto fraud, or
you've got a case specifically.
I'm actually not the guy. I care
a lot about it. I want you to
have the information, but if
it's specifically related to
that that you need information
on. You definitely do need help
find an attorney who specializes
in that area. But if you need an
attorney that specializes in
forming the syndication or the
investment fund, that's me. I
specialize in reg D offers
specifically Rule 506 B and Rule
506 C, if we can help you put
together that investment fund or
syndication, give us a call,
we'd be happy to help you.