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Tag: Fraud

  • O.C. man took money meant for COVID gloves to buy boats and cars. Now, he’s been sentenced for fraud

    O.C. man took money meant for COVID gloves to buy boats and cars. Now, he’s been sentenced for fraud

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    An Orange County man was sentenced to more than seven years in federal prison Friday after admitting he duped three companies out of $3 million for protective gloves that were promised but never delivered during the onset of the COVID-19 pandemic.

    In addition to the 87-month sentence, Christopher John Badsey, 63, of Lake Forest was ordered to pay $1.94 million in restitution after pleading guilty to four counts of wire fraud.

    In June and July 2020 — when personal protective equipment such as masks, gloves and hand sanitizer were in short supply — Badsey claimed his Irvine-based company, First Defense International Security Services Corp., could provide millions of boxes of nitrile gloves, according to court documents.

    Badsey entered into contracts to sell gloves to three other companies, court documents say, and required each to deposit around $1 million before they could inspect the promised goods.

    The companies wired a total of $3.2 million to accounts Badsey, his company or an unnamed co-schemer controlled, according to court documents.

    However, prosecutors say Badsey didn’t have the gloves, and concocted elaborate excuses whenever his clients inquired about delivery. His false stories included “absurd claims that government agents were blocking access to his warehouse,” prosecutors wrote in a sentencing memorandum.

    Meanwhile, he used the deposit money to bankroll expensive purchases, authorities say, including a yacht, a pontoon boat, two Mercedes-Benz automobiles, two Ford pickup trucks, a recreation vehicle, a tractor, three ATVs and fishing equipment.

    He has forfeited all titles from items purchased with the pilfered funds, along with $58,923 in cash.

    Court documents show that Badsey — who previously pleaded guilty to three gun misdemeanors, including gross negligent discharge of a firearm, in November 2016 — had initially argued for a much leaner sentence: one year and one day, a three-year term of supervised release and a special assessment of $400.

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    Andrew J. Campa

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  • Who is Mike Lynch? A look at the British tech tycoon killed when his yacht sank off Sicily

    Who is Mike Lynch? A look at the British tech tycoon killed when his yacht sank off Sicily

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    Tech tycoon Mike Lynch, who died after his yacht sank off Sicily, had been trying to move past a Silicon Valley debacle that had tarnished his legacy as an icon of British ingenuity.

    Lynch, 59, struck gold when he sold Autonomy, a software maker he founded in 1996, to Hewlett-Packard for $11 billion in 2011. But the deal quickly turned into an albatross for him after he was accused of cooking the books to make the sale and fired by HP’s then-CEO Meg Whitman.

    His death, confirmed on Thursday by Italian officials after they recovered his body and five others from the sea, was a dramatic turn of events that came after he was cleared of criminal charges in the U.S. in June.

    Before becoming entangled with HP, Lynch was widely hailed as a visionary who inspired descriptions casting him as the British version of Microsoft co-founder Bill Gates and Apple co-founder Steve Jobs.

    Lynch was science and technology adviser to two British prime ministers. He also founded Invoke Capital, a venture capital firm that was a founding investor of British cybersecurity company Darktrace, and Luminance, an artificial intelligence platform for the legal industry.

    Lynch was “an instrumental figurehead from the Cambridge (England) technology scene,” said friend Brent Hoberman, former CEO of travel website lastminute.com. Hoberman told the BBC that Lynch was “leading the path forward for U.K. entrepreneurs to commercialize their inventions at a global scale.”

    A decade-long legal battle had resulted in Lynch’s extradition from the U.K. to face criminal charges of engineering a massive fraud against HP, a company that helped shape Silicon Valley’s zeitgeist after starting in a Palo Alto, California, garage in 1939.

    Lynch steadfastly denied any wrongdoing, asserting that he was being made a scapegoat for HP’s own bungling — a position he maintained while testifying before a jury during a 2 1/2 month trial in San Francisco earlier this year. U.S. Justice Department prosecutors called more than 30 witnesses in an attempt to prove allegations that Lynch engaged in accounting duplicity that bilked billions of dollars from HP.

    The trial ended up vindicating Lynch and he pledged to return to the U.K. and explore new ways to innovate.

    Although he avoided a possible prison sentence, Lynch still faced a civil case in London that HP mostly won during 2022. Damages haven’t been determined in that case, but HP is seeking $4 billion. Lynch made more than $800 million from the Autonomy sale.

    Forbes pegged his wealth $1 billion in 2015, the only year he was on the magazine’s rich list. Britain’s Sunday Times newspaper estimated this year that Lynch and his wife Angela Bacares were worth 500 million pounds ($655 million).

    Lynch, a Cambridge-educated mathematician, made his mark running Autonomy, which made a search engine that could pore through emails and other internal business documents to help companies find vital information more quickly. Autonomy’s steady growth during its first decade resulted in Lynch being awarded one of the U.K’s highest honors, the Office of the Most Excellent Order of the British Empire in 2006.

    John Browne, chair of Francis Crick Institute, a biomedical research institute, and former head of energy giant BP, said Lynch’s “ideas and his personal vision were a powerful contribution to science and technology in both Britain and globally.”

    The Royal Academy of Engineering, where Lynch was a Fellow, said it was “deeply saddened” to learn of his death and that he played an “active role” as a mentor and donor.

    In the months leading up to the deal that would go awry, HP valued Autonomy at $46 billion, according to evidence presented at Lynch’s trial.

    The trial also presented contrasting portraits of Lynch. Prosecutors painted him as an iron-fisted boss obsessed with hitting revenue targets, even if it meant resorting to duplicity. But his lawyers cast him as entrepreneur with integrity and a prototypical tech nerd who enjoyed eating cold pizza late at night while pondering new ways to innovate.

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  • Star fund manager takes leave amid accusations of cherry picking

    Star fund manager takes leave amid accusations of cherry picking

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    Ken Leech, the longtime Western Asset Management chief investment officer, left that role amid probes from the Justice Department and Securities and Exchange Commission into whether some clients were favored over others in allocating gains and losses from derivatives trades.

    Leech, who manages some of the largest bond strategies in the US, will take an immediate leave of absence after receiving a Wells notice from the SEC, the company said in a filing Wednesday. Federal prosecutors in New York are conducting a criminal probe into the practice known as “cherry-picking,” where winning trades are credited to favored accounts, according to people familiar with the matter. 

    “The company launched an internal investigation into certain past trade allocations involving treasury derivatives in select Western Asset-managed accounts,” the firm said. “The company is also cooperating with parallel government investigations.”

    Western Asset said Wednesday it’s closing its $2 billion Macro Opportunities strategy and named Michael Buchanan as sole CIO. Shares of parent company Franklin Resources Inc. tumbled 13% to $19.78, the most since October 2020, extending their decline this year to 34%.

    Western Asset, with $381 billion in assets, is one of the original California bond giants and once rivaled Pacific Investment Management Co. and BlackRock Inc. in size. Its key funds have struggled in recent years amid the rise in interest rates, leading to outflows in its flagship strategy, which Leech helped run.

    Franklin, which has about $1.6 trillion in assets overall, acquired Western as part of the 2020 purchase of Legg Mason. Leech has worked at Western Asset for more than 30 years, serving as CIO for the bulk of that time.

    A Wells notice, which isn’t a formal allegation or finding of misconduct, provides a chance to respond to the agency and try to dissuade it from filing a case.

    Leech was a star for years. He co-managed the company’s Core Plus fund as it trounced its peers, though it also stumbled in 2018 when the Fed was raising rates. Since 2021, it has been battered by wagering on a pivot by the central bank.

    The $19 billion mutual fund, which is up 2.4% this year, is trailing more than 90% of rivals over the last three and five year periods, and investors have yanked money.

    That pullback from Western Asset’s fund stands in contrast to rival ones managed by the likes of Pimco, Capital Group Inc. and BlackRock Inc., which have taken in cash this year as the Federal Reserve prepares to cut interest rates.

    “At Franklin, it’s somewhat problematic as the whole reason for buying Legg Mason was to help offset the loss of commission-based sales to drive flows,” Greggory Warren, a strategist at Morningstar, said in a phone interview. “Buying Legg was seen helping provide then with more fixed income and institutional client exposure and being less exposed to fee pressures.”

    Western had quietly named Buchanan co-chief investment officer alongside Leech in August 2023. John Bellows, who co-managed Core Plus since 2018, abruptly left at the start of May. A spokesperson for Western earlier said that the firm thanked Bellows for his contributions. 

    Jim Hirschmann, Western’s president and chief executive officer, said in the statement that Buchanan “has played an integral role in Western Asset’s strategy and growth, and we look forward to having him lead the next chapter of our storied investment team.”

    Recommended Newsletter: High-level insights for high-powered executives. Subscribe to the CEO Daily newsletter for free today. Subscribe now.

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    Silla Brush, Bloomberg

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  • Woman charged in brazen plot to extort Elvis Presley’s family and auction off Graceland

    Woman charged in brazen plot to extort Elvis Presley’s family and auction off Graceland

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    WASHINGTON (AP) — A Missouri woman has been arrested on charges she orchestrated a brazen scheme to defraud Elvis Presley’s family by trying to auction off his Graceland mansion and property before a judge halted the mysterious foreclosure sale, the Justice Department said Friday.

    Lisa Jeanine Findley, 53, of Kimberling City, falsely claimed Presley’s daughter borrowed $3.8 million from a bogus private lender and had pledged Graceland as collateral for the loan before her death last year, prosecutors said. She then threatened to sell Graceland to the higher bidder if Presley’s family didn’t pay a $2.85 million settlement, according to authorities.

    Finley posed as three different people allegedly involved with the fake lender, fabricated loan documents, and published a fraudulent foreclosure notice in a Memphis newspaper announcing the auction of Graceland in May, prosecutors said. A judge stopped the sale after Presley’s granddaughter sued.

    Experts were baffled by the attempt to sell off one of the most storied pieces of real estate in the country using names, emails and documents that were quickly suspected to be phony.

    Graceland opened as a museum and tourist attraction in 1982 and draws hundreds of thousands of visitors each year. A large Presley-themed entertainment complex across the street from the museum is owned by Elvis Presley Enterprises. The announcement of charges came on the 47th anniversary of Presley’s death at the age of 42.

    “Ms. Findley allegedly took advantage of the very public and tragic occurrences in the Presley family as an opportunity to prey on the name and financial status of the heirs to the Graceland estate, attempting to steal what rightfully belongs to the Presley family for her personal gain,” said Eric Shen, inspector in charge of the U.S. Postal Inspection Service Criminal Investigations Group.

    An attorney for Findley, who used multiple aliases, was not listed in court documents. A voicemail left with a phone number believed to be associated with Findley was not immediately returned, nor was an email sent to an address prosecutors say she had used in the scheme.

    She’s charged with mail fraud and aggravated identity theft. The mail fraud charge carries up to 20 years in prison. She remained in custody after a brief federal court appearance in Missouri, according to court papers.

    In May, a public notice for a foreclosure sale of the 13-acre (5-hectare) estate said Promenade Trust, which controls the Graceland museum, owes $3.8 million after failing to repay a 2018 loan. Riley Keough, Presley’s granddaughter and an actor, inherited the trust and ownership of the home after the death of her mother, Lisa Marie Presley, last year. An attorney for Keough didn’t immediately respond to a message seeking comment on Friday.

    Keough filed a lawsuit claiming fraud, and a judge halted the proposed auction with an injunction. Naussany Investments and Private Lending — the bogus lender authorities now say Findley created — said Lisa Marie Presley had used Graceland as collateral for the loan, according to the foreclosure sale notice. Keough’s lawsuit alleged that Naussany presented fraudulent documents regarding the loan in September 2023 and that Lisa Maria Presley never borrowed money from Naussany.

    Kimberly Philbrick, the notary whose name is listed on Naussany’s documents, indicated she never met Lisa Marie Presley nor notarized any documents for her, according to the estate’s lawsuit. The judge said the notary’s affidavit brings into question “the authenticity of the signature.”

    The judge in May halted the foreclosure sale of the beloved Memphis tourist attraction, saying Elvis Presley’s estate could be successful in arguing that a company’s attempt to auction Graceland was fraudulent.

    The Tennessee attorney general’s office had been investigating the Graceland controversy, then confirmed in June that it handed the probe over to federal authorities.

    A statement emailed to The Associated Press after the judge stopped the sale said Naussany would not proceed because a key document in the case and the loan were recorded and obtained in a different state, meaning “legal action would have to be filed in multiple states.” The statement, sent from an email address listed in court documents, did not specify the other state.

    After the scheme fell apart, Findley tried to make it look like the person responsible was a Nigerian identity thief, prosecutors said. An email sent May 25 to the AP from the same email as the earlier statement said in Spanish that the foreclosure sale attempt was made by a Nigerian fraud ring that targets old and dead people in the U.S. and uses the Internet to steal money.

    _____

    Mattise reported from Nashville, Tennessee.

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  • Montenegro court approves extradition of cryptocurrency mogul Do Kwon to native South Korea

    Montenegro court approves extradition of cryptocurrency mogul Do Kwon to native South Korea

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    FILE – Montenegrin police officers escort South Korean citizen, Terraform Labs founder Do Kwon, center, in Montenegro’s capital Podgorica, March 23, 2024. A Montenegrin appeals court on Thursday, Aug. 1, upheld a ruling by a lower court to hand over the South Korean mogul known as “the cryptocurrency king” to his native country, rejecting a bid to extradite him to the United States. (AP Photo/Risto Bozovic, File)

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  • Mastercard, Visa deploy AI for fighting fraud | Bank Automation News

    Mastercard, Visa deploy AI for fighting fraud | Bank Automation News

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    Payments behemoths continued investing in technology to control costs and streamline operations in the second quarter.  Visa and Mastercard are deploying AI for the following:  To fight fraud;  Enhance data and analytics; and  Boost accounting and sales operations.  Mastercard is using AI for operations including data analytics, fraud and cybersecurity to improve offerings and efficiency, […]

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    Vaidik Trivedi

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  • Montenegro court approves extradition of cryptocurrency mogul Do Kwon to native South Korea

    Montenegro court approves extradition of cryptocurrency mogul Do Kwon to native South Korea

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    FILE – Montenegrin police officers escort South Korean citizen, Terraform Labs founder Do Kwon, center, in Montenegro’s capital Podgorica, March 23, 2024. A Montenegrin appeals court on Thursday, Aug. 1, upheld a ruling by a lower court to hand over the South Korean mogul known as “the cryptocurrency king” to his native country, rejecting a bid to extradite him to the United States. (AP Photo/Risto Bozovic, File)

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  • Brickbat: Go Big or Go Home

    Brickbat: Go Big or Go Home

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    A federal judge in Texas has sentenced a civilian employee of the U.S. Army to 15 years in prison after she pleaded guilty to five counts each of mail fraud and filing a false tax return. Janet Yamanaka Mello, who worked as a financial program manager at Fort Sam Houston, submitted fraudulent paperwork to receive grant funding for Child Health and Youth Lifelong Development, an organization she controlled which she claimed provided services to military members and their families. She stole almost $109 million over six years and used that money to buy real estate, vehicles, and high-end jewelry.

    The post Brickbat: Go Big or Go Home appeared first on Reason.com.

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    Charles Oliver

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  • Visa takes on not-so-friendly fraud | Bank Automation News

    Visa takes on not-so-friendly fraud | Bank Automation News

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    Dishonest consumers are upping their fraud game as “friendly fraud” becomes the No. 1 problem in credit card disputes, but tech providers and merchants alike are upping their ability to fight through data and AI.  Friendly fraud and chargeback fees cost businesses more than $117 billion in 2023, according to a PayPal report. Friendly fraud, […]

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    Whitney McDonald

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  • FACT FOCUS: Trump wasn’t exonerated by the presidential immunity ruling, even though he says he was

    FACT FOCUS: Trump wasn’t exonerated by the presidential immunity ruling, even though he says he was

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    Former President Donald Trump on Tuesday misrepresented in a social media post what the U.S. Supreme Court’s Monday ruling on presidential immunity means for his civil and criminal cases.

    “TOTAL EXONERATION!” he wrote in the post on his Truth Social platform. “It is clear that the Supreme Court’s Brilliantly Written and Historic Decision ENDS all of Crooked Joe Biden’s Witch Hunts against me, including the WHITE HOUSE AND DOJ INSPIRED CIVIL HOAXES in New York.”

    But none of Trump’s pending cases have been dismissed as a result of the ruling, nor have the verdicts already reached against him been overturned. The ruling does amount to a major victory for the presumptive Republican presidential nominee, whose legal strategy has focused on delaying court proceedings until after the 2024 election.

    Here’s a closer look at the facts.

    CLAIM: The Supreme Court’s ruling that former presidents have broad immunity from prosecution means “total exoneration” for former President Donald Trump.

    THE FACTS: Although the historic 6-3 ruling is a win for Trump, he has not been exonerated and his legal troubles are far from over. A delay of his Washington trial on charges of election interference has been indefinitely extended as a result. Also, he still faces charges in two other criminal cases, and the verdicts already reached against him in a criminal and a civil case have not been overturned.

    Barbara McQuade, a law professor at the University of Michigan and former U.S. attorney for the state’s Eastern District, told The Associated Press that Trump’s claim is “inaccurate for a number of reasons.”

    “The court found immunity from prosecution, not exoneration,” she wrote in an email. “The court did not say that Trump’s conduct did not amount to criminal behavior. Just that prosecutors are not allowed to prosecute him for it because of the special role of a president and the need to permit him to make ‘bold’ and ‘fearless’ decisions without concern for criminal consequences.”

    McQuade wrote that Trump’s case over classified documents found at his Mar-a-Lago estate won’t be affected, as it arose from conduct committed after he left the White House. She added that any impact on his New York hush money trial “seems unlikely” since the crimes were committed in a personal capacity.

    “In addition, the Court’s opinion is solely focused on immunity for criminal conduct,” McQuade continued, explaining that it will not protect him from civil liability in his cases regarding defamatory statements about advice columnist E. Jean Carroll or fraudulent business practices conducted at the Trump Organization.

    Trump’s campaign did not immediately respond to a request for comment.

    The Supreme Court’s conservative majority said former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are presumptively entitled to immunity for all official acts. Unofficial, or private, actions are exempt from such immunity.

    This means that special counsel Jack Smith cannot proceed with significant allegations in his indictment accusing Trump of plotting to overturn his 2020 presidential election loss, or he must at least defend their use in future proceedings before the trial judge.

    The case has not been dismissed. It was instead sent back to U.S. District Judge Tanya Chutkan, who must now “carefully analyze” whether other allegations involve official conduct for which the president would be immune from prosecution. The trial was supposed to have begun in March, but has been on hold since December to allow Trump to pursue his Supreme Court appeal.

    However, the justices did knock out one aspect of the indictment, finding that Trump is “absolutely immune” from prosecution for alleged conduct involving discussions with the Justice Department.

    The opinion also stated that Trump is “at least presumptively immune” from allegations that he tried to pressure Vice President Mike Pence on Jan. 6, 2021, to reject certification of Democrat Joe Biden’s electoral vote win. But prosecutors can try to make the case that Trump’s pressure on Pence can still be part of the case against him, Chief Justice John Roberts wrote.

    It is all but certain that the ruling means Trump will not face trial in Washington ahead of the 2024 election, as the need for further analysis is expected to tie up the case for months with legal wrangling over whether actions in the indictment were official or unofficial, the AP has reported.

    Trump is facing charges in two other criminal cases, one over his alleged interference in Georgia’s 2020 election and the other over classified documents found at his Mar-a-Lago estate after he left the White House. Trump’s lawyers have asserted presidential immunity in both cases, but a ruling on the matter has not been made in either.

    The former president was convicted in May of 34 felony counts in his hush money trial in New York. After Monday’s ruling, the New York judge who presided over that trial postponed Trump’s sentencing until at least September and agreed to weigh the impact of the presidential immunity decision.

    Trump was ordered in February to pay a $454 million penalty as part of a civil fraud lawsuit, for lying about his wealth for years as he built the real estate empire that vaulted him to stardom and the White House. It is still under appeal.

    In May 2023, a jury found Trump liable for sexually abusing Carroll in 1996 and for defaming her over the allegations, awarding her $5 million. Carroll was awarded an additional $83.3 million in January by a separate jury for Trump’s continued social media attacks against her. An appeal of the former decision was rejected in April. The latter case is still being appealed.

    ___

    Find AP Fact Checks here: https://apnews.com/APFactCheck.

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  • Prosecutors file Boeing’s plea deal to resolve felony fraud charge tied to 737 Max crashes

    Prosecutors file Boeing’s plea deal to resolve felony fraud charge tied to 737 Max crashes

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    The Justice Department submitted an agreement with Boeing on Wednesday in which the aerospace giant will plead guilty to a fraud charge for misleading U.S. regulators who approved the 737 Max jetliner before two of the planes crashed, killing 346 people.

    The detailed plea agreement was filed in federal district court in Texas. The American aerospace company and the Justice Department reached a deal on the guilty plea and the agreement’s broad terms earlier this month.

    The finalized version states Boeing admitted that through its employees, it made an agreement “by dishonest means” to defraud the Federal Aviation Administration group that evaluated the 737 Max. Because of Boeing’s deception, the FAA had “incomplete and inaccurate information” about the plane’s flight-control software and how much training pilots would need for it, the plea agreement says.

    U.S. District Judge Reed O’Connor can accept the agreement and the sentence worked out between Boeing and prosecutors, or he could reject it, which likely would lead to new negotiations between the company and the Justice Department.

    The deal calls for the appointment of an independent compliance monitor, three years of probation and a $243.6 million fine. It also requires Boeing to invest at least $455 million “in its compliance, quality, and safety programs.”

    Boeing was accused of misleading the Federal Aviation Administration about aspects of the Max before the agency certified the plane for flight. Boeing did not tell airlines and pilots about the new software system, called MCAS, that could turn the plane’s nose down without input from pilots if a sensor detected that the plane might go into an aerodynamic stall.

    Max planes crashed in 2018 in Indonesia and 2019 in Ethiopia after a faulty reading from the sensor pushed the nose down and pilots were unable to regain control.

    Boeing avoided prosecution in 2021 by reaching a $2.5 billion settlement with the Justice Department that included a previous $243.6 million fine. It appeared that the fraud charge would be permanently dismissed until January, when a panel covering an unused exit blew off a 737 Max during an Alaska Airlines flight. That led to new scrutiny of the company’s safety.

    In May of this year, prosecutors said Boeing failed to live up to terms of the 2021 agreement by failing to make promised changes to detect and prevent violations of federal anti-fraud laws. Boeing agreed this month to plead guilty to the felony fraud charge instead of enduring a potentially lengthy public trial.

    The role and authority of the monitor is viewed as a key provision of the new plea deal, according to experts in corporate governance and white-collar crime. Paul Cassell, a lawyer for the families, has said that families of the crash victims should have the right to propose a monitor for the judge to appoint.

    In Wednesday’s filing, the Justice Department said that Boeing “took considerable steps” to improve its anti-fraud compliance program since 2021, but the changes “have not been fully implemented or tested to demonstrate that they would prevent and detect similar misconduct in the future.”

    That’s where the independent monitor will come in, “to reduce the risk of misconduct,” the plea deal states.

    Some of the passengers’ relatives plan to ask the judge to reject the plea deal. They want a full trial, a harsher penalty for Boeing, and many of them want current and former Boeing executives to be charged.

    If the judge approves the deal, it would apply to the the criminal charge stemming from the 737 Max crashes. It would not resolve other matters, potentially including litigation related to the Alaska Airlines blowout.

    O’Connor will give lawyers for the families seven days to file legal motions opposing the plea deal. Boeing and the Justice Department will have 14 days to respond, and the families will get five days to reply to the filings by the company and the government.

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  • Prosecutors file Boeing’s plea deal to resolve felony fraud charge tied to 737 Max crashes

    Prosecutors file Boeing’s plea deal to resolve felony fraud charge tied to 737 Max crashes

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    The Justice Department submitted an agreement with Boeing on Wednesday in which the aerospace giant will plead guilty to a fraud charge for misleading U.S. regulators who approved the 737 Max jetliner before two of the planes crashed, killing 346 people.

    The detailed plea agreement was filed in federal district court in Texas. The American aerospace company and the Justice Department reached a deal on the guilty plea and the agreement’s broad terms earlier this month.

    The finalized version states that Boeing admitted that through its employees, it made an agreement “by dishonest means” to defraud the Federal Aviation Administration group that evaluated the 737 Max. Because of Boeing’s deception, the FAA had “incomplete and inaccurate information” about the plane’s flight-control software and how much training pilots would need for it.

    U.S. District Judge Reed O’Connor can accept the agreement and the sentence worked out between Boeing and prosecutors, or he could reject it, which likely would lead to new negotiations between the company and the Justice Department.

    The deal calls for the appointment of an independent compliance monitor, three years of probation and a $243.6 million fine. It also requires Boeing to invest at least $455 million “in its compliance, quality, and safety programs.”

    Boeing was accused of misleading the Federal Aviation Administration about aspects of the Max before the agency certified the plane for flight. Boeing did not tell airlines and pilots about the new software system, called MCAS, that could turn the plane’s nose down without input from pilots if a sensor detected that the plane might go into an aerodynamic stall.

    Max planes crashed in 2018 in Indonesia and 2019 in Ethiopia after a faulty reading from the sensor pushed the nose down and pilots were unable to regain control.

    Boeing avoided prosecution in 2021 by reaching a $2.5 billion settlement with the Justice Department that included a previous $243.6 million fine. It appeared that the fraud charge would be permanently dismissed until January, when a panel covering an unused exit blew off a 737 Max during an Alaska Airlines flight. That led to new scrutiny of the company’s safety.

    In May of this year, prosecutors said Boeing failed to live up to terms of the 2021 agreement by failing to make promised changes to detect and prevent violations of federal anti-fraud laws. Boeing agreed this month to plead guilty to the felony fraud charge instead of enduring a potentially lengthy public trial.

    The role and authority of the monitor is viewed as a key provision of the new plea deal, according to experts in corporate governance and white-collar crime. Paul Cassell, a lawyer for the families, has said that families of the crash victims should have the right to propose a monitor for the judge to appoint.

    Some of the passengers’ relatives plan to ask the judge to reject the plea deal. They want a full trial, a harsher penalty for Boeing, and many of them want current and former Boeing executives to be charged.

    If the judge approves the deal, it would apply to the the criminal charge stemming from the 737 Max crashes. It would not resolve other matters, potentially including litigation related to the Alaska Airlines blowout.

    O’Connor will give lawyers for the families seven days to file legal motions opposing the plea deal. Boeing and the Justice Department will have 14 days to respond, and the families will get five days to reply to the filings by the company and the government.

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  • Meta takes down thousands of Facebook accounts running sextortion scams from Nigeria

    Meta takes down thousands of Facebook accounts running sextortion scams from Nigeria

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    Meta said Wednesday that it has taken down about 63,000 Instagram accounts in Nigeria running sexual extortion scams and has removed thousands of Facebook groups and pages that were trying to organize, recruit and train new scammers.

    Sexual extortion, or sextortion, involves persuading a person to send explicit photos online and then threatening to make the images public unless the victim pays money or engages in sexual favors. Recent high-profile cases include two Nigerian brothers who pleaded guilty to sexually extorting teen boys and young men in Michigan, including one who took his own life, and a Virginia sheriff’s deputy who sexually extorted and kidnapped a 15-year-old girl.

    There has been a marked rise in sextortion cases in recent years, fueled in part by a loosely organized group called the Yahoo Boys, operating mainly out of Nigeria, Meta said. It added that it applied its “dangerous organizations and individuals” policy to remove Facebook accounts and groups run by the group.

    “Because they’re driven by money, they’re targeting can be indiscriminate,” said Antigone Davis, Meta’s global head of safety. “So in other words, think of this as a little bit of a scattershot approach: get out there and send many, many, requests out to individuals and see who may who may respond.”

    In January, the FBI warned of a “huge increase” in sextortion cases targeting children. The targeted victims are primarily boys between the ages of 14 to 17, but the FBI said any child can become a victim.

    Meta said its investigation found that the majority of the scammers’ attempts did not succeed and mostly targeted adult men in the U.S., but added that it did see “some” try to target minors, which Meta says it reported to the National Center for Missing and Exploited Children.

    The removed accounts included a “coordinated network” of about 2,500 accounts linked to a group of about 20 people who were running them, Meta said.

    In April, Meta announced it was deploying new tools in Instagram to protect young people and combat sexual extortion, including a feature that will automatically blur nudity in direct messages. Meta is still testing out the features as part of its campaign to fight sexual scams and other forms of “image abuse,” and to make it tougher for criminals to contact teens.

    Davis said users should look out for messages from people with “highly stylized” photos, people who are “exceptionally good looking” or have never sent you a message before.

    “That should give you pause,” she said. Users should also take a pause if somebody sends an image first — scammers often use this tactic to try to gain trust and bait unsuspecting people into sending them back a photo of themselves.

    “This is one of the one of these areas where if you have any sort of suspicion, I would urge caution,” she said.

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  • Law Enforcement and Insurance Investigators Attend Anti Fraud Conference Hosted by NYACT

    Law Enforcement and Insurance Investigators Attend Anti Fraud Conference Hosted by NYACT

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    Press Release


    Jul 23, 2024 11:30 EDT

    NYACT and NYSSIU partner to present an anti-insurance and auto crime training program at the Thayer Hotel at West Point.

    The New York Anti Car Theft and Fraud Association (NYACT), New York’s association founded to provide training for insurance and law enforcement personnel to combat vehicle crime and insurance fraud, and the New York State Chapter of Special Investigation Units (NYSSIU) joined forces to present their Annual Joint Summer Conference at the Thayer Hotel, West Point, N.Y. on July 18th, 2024.

    NYACT and NYSSIU join forces every year for joint conferences in New York State. Nichole Soriano, NYACT Chairperson and Assistant Vice President Travelers Investigative Services, stated “This year due to new trends in the fraudulent claim and auto crime arena, it is more important than ever that we provide law enforcement and our insurance members with skills and tactics to not only solve cases and prosecute criminals, but to also hopefully prevent crimes against the American public.” 

    These conferences are designed to provide a great opportunity for law enforcement and insurance professionals to collaborate and discuss the new fraud trends that impact New York State’s communities.

    Training topics focused on broker fraudcombatting compensation cons, and uncovering digital evidence.

    This annual event was held in person at the historic Thayer Hotel at West Point. Over 120 investigators and insurance personnel registered for the event. Speakers included New York Automobile Insurance Plan (AIPSO), SIU Manager Robert Vetrano, John Land, Partner at Hamberger & Weiss, and Rich McKeon, Director from Cellular Services, Lemieux & Associates

    Source: New York Anti Car Theft and Fraud Association Office

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  • Russian duo confess to cyber heist that forced $500 million in ransom payments

    Russian duo confess to cyber heist that forced $500 million in ransom payments

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    Two Russian nationals pleaded guilty to their roles in ransomware attacks in the U.S., Asia, Europe and Africa for a notorious hacking gang known as LockBit.

    Ruslan Magomedovich Astamirov and Mikhail Vasiliev admitted they helped to deploy the ransomware variant, which first appeared in 2020. It soon became one of the most destructive in the world, leading to attacks against more than 2,500 victims and ransom payments of at least $500 million, according to the Justice Department. 

    The men pleaded guilty Thursday in federal court in Newark, New Jersey, where six people have been charged over LockBit attacks, including Dimitry Yuryevich Khoroshev, described by the US as the creator, developer and administrator of the group. US authorities are offering a reward of up to $10 million for his arrest. 

    Astamirov, 21, of the Chechen Republic, and Vasiliev, 34, of Bradford, Ontario, pleaded guilty to charges including conspiracy to commit computer fraud and abuse. 

    LockBit is the name of a ransomware variant, a type of malicious code that locks up computers before hackers demand a ransom to unlock them. Hacking gangs are often known by the name of their ransomware variant. LockBit successfully deployed a ransomware-as-a-service model, in which “affiliates” lease the malicious code and do the actual hacking, in exchange for paying the the gang’s leaders a cut of their illegal proceeds. Astamirov and Vasiliev were affiliates, according to the Justice Department.

    In recent years, the US and its allies have aggressively tried to curb ransomware attacks by sanctioning hackers or entities associated with them or disrupting the online infrastructure of cybercriminal gangs. But many hackers are located in places such as Russia, which provide them safe haven, making it difficult for Western law enforcement to arrest them.

    In February, US and UK authorities announced they disrupted LockBit operations, arresting alleged members, seizing servers and cryptocurrency accounts, and recovering decryption keys to unlock hijacked data. 

    “We’ve dealt significant blows to destructive ransomware groups like LockBit, as we did earlier this year, seizing control of LockBit infrastructure and distributing decryption keys to their victims,” said Deputy Attorney General Lisa Monaco, in a statement.

    Vasiliev deployed LockBit against at least 12 victims, including an educational facility in the UK and a school in Switzerland, the US said. He was arrested by Canadian authorities in November 2022 and extradited to the US in June. 

    Astamirov was arrested by the FBI last year. In May 2023, he agreed to an interview with FBI agents in Arizona, where they seized his electronic devices. He initially denied having anything to do with an email account through a Russian-based provider, but agents later found records related to it on his devices, according to the arrest complaint. Records showed that Astamirov used the email to “create multiple online accounts under names either fully or nearly identical to his own name,” the complaint said. 

    After August 2020, Astamirov executed cyberattacks on at least five victims, according to the FBI complaint. They included: businesses in France and West Palm Beach, Florida; a Tokyo firm, which refused to pay a ransom, leading the group to post stolen data on a “leak site” of extortion victims; a Virginia company that stopped an attack after 24,000 documents were stolen; and a Kenyan business that agreed to pay ransom after some of its stolen data was posted to the LockBit website. 

    Both are scheduled to be sentenced on Jan. 8, 2025. 

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  • Boeing case puts a spotlight on plea agreements involving corporate defendants

    Boeing case puts a spotlight on plea agreements involving corporate defendants

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    After two jetliner crashes killed 346 people, a $2.5 billion settlement that let Boeing avoid criminal prosecution failed to resolve questions about the safety of the aerospace giant’s planes.

    Federal prosecutors now accuse the company of failing to live up to terms of the 2021 settlement. Boeing has agreed to plead guilty to a felony fraud charge in a new deal with the Justice Department. The department hopes to file the detailed plea agreement Friday, but says it may need “a few more days.”

    Experts on corporate behavior say whether the new agreement has a more lasting impact on safety than the earlier settlement could come down to how much power is placed in the hands of an independent monitor who is assigned to oversee Boeing for three years. Prosecutors made the appointment of such a monitor a condition of the plea deal, which also calls for Boeing to pay a new $243.6 million fine.

    “Your real concern is protecting against the loss of future lives in future crashes, and that is something that the monitor can have more impact on than simply the amount of the fine,” said John Coffee, a law professor at Columbia University who studies corporate governance and white-collar crime.

    The finalized plea and sentence are due to be filed in U.S. District Court in Fort Worth, Texas. The filing will give a more precise description of how the compliance monitor will be chosen and the scope of the monitor’s duties. Already, the government appears to have backed away from a plan that would given Boeing the biggest role in picking the watchdog.

    Families of some of the passengers who died in the crashes have said they plan to oppose the agreement. They want a trial, not a plea deal, and they say Boeing should pay a $24 billion fine. Paul Cassell, a lawyer for the families, said the relatives of crash victims should have the right to propose a monitor for the judge to appoint.

    The Justice Department initially planned to select a monitor from a list of three nominees submitted by Boeing, and would ask the company for more names if necessary, according to participants in a June 30 briefing that department officials gave to passengers’ families and their lawyers.

    The deal that Boeing agreed to “in principle” a week later said the Justice Department would seek candidates through a public job posting on its website and then select one “with feedback from Boeing.” The precise extent of the company’s role was left unclear.

    Once the department and Boeing settle on a choice, prosecutors will tell U.S. District Judge Reed O’Connor. If he doesn’t object within 10 days, the appointment would go through. The person picked would need to meet “specific qualifications” laid out in the posting and the department’s guidelines on selecting monitors in criminal cases, according to the filing.

    The monitor will oversee Boeing’s compliance with the plea agreement during a three-year probation period, during which the official will write “a confidential annual report for the government,” and file an executive summary with the court.

    The use of monitors as part of plea agreements with companies convicted of crimes reflects prosecutors’ reluctance to issue indictments and take the cases to trial.

    Brandon Garrett, a Duke University law professor who tracks criminal cases involving corporations, said prosecutors long worried that a criminal indictment could destroy a large, publicly traded company, so they tended to favor out-of-court settlements in the most serious cases. That changed, he said, after the financial crisis of 2008, and the concern became that companies were being treated as “too big to jail,” a phrase Garrett used in the title of his 2014 book.

    The effectiveness of plea deals and deferred prosecution agreements that allow defendants – like Boeing in 2021 – to avoid criminal liability came into question.

    “Especially when you had companies repeatedly getting prosecuted, something needs to change — maybe these companies really should get a criminal record,” Garrett said. “That’s when we started to see … more large cases where companies would be convicted.”

    Nadia Milleron, whose 24-year-old daughter, Samya Stumo, died in the second of two fatal 737 Max crashes, said the Boeing plea deal is much better than the settlement reached three-and-a-half years ago. In January 2021, the Justice Department agreed not to prosecute the company for conspiring to defraud the U.S. government, a charge based on allegations that Boeing misled regulators who approved the 737 Max nearly a decade ago.

    Still, Milleron and relatives of other crash victims want a trial that might unearth more details about discussions inside Boeing leading up to, and even after, the crashes, which occurred in 2018 in Indonesia and 2019 in Ethiopia.

    It appeared likely that the Justice Department would permanently drop the 2021 charge until this January, when a panel covering an unused emergency exit blew off a Max jet during an Alaska Airlines flight. The Federal Aviation Administration increased its oversight, and the agency’s chief said manufacturing problems at Boeing “don’t seem to be getting resolved.”

    The Justice Department defends its decision to seek a plea deal by saying that it includes the most serious punishment possible under the charge facing Boeing.

    “We should be asking whether these prosecutions are working and what can be done to make them more effective,” Garrett said. He suggested that the judge could take an active role in monitoring Boeing to make sure the company complies with the new agreement after violating the old one.

    Coffee, the Columbia law professor, said the key to whether the deal deters Boeing from future violations will be a strong and independent monitor.

    “Companies fear a free agent roaming around in their files,” he said. “On the other hand, if there isn’t some ability for the monitor to directly go to the court and say ‘They are not living up to the terms of the agreement,’ you have an ineffective monitor.”

    In one notorious case, prosecutors blocked a federal judge in New York from releasing a monitor’s reports about HSBC, a London-based bank that entered a deferred prosecution agreement over allegations that it failed to prevent a Mexican drug cartel from laundering money.

    “I’m not saying we shouldn’t have deferred prosecution agreements, but they tend to be negotiated to be strongly in the interests of the defendant,” he said.

    The judge in the Boeing case has indicated that after the Justice Department submits details of the plea agreement, he will give relatives of the victims seven days to lodge objections. The government and Boeing then will have 14 days to respond.

    The January 2021 decision by the Justice Department not to prosecute Boeing came in the final days of the Trump administration. In 2022 and 2023, federal prosecutions of corporations rose modestly under the Biden administration, according to figures from the U.S. Sentencing Commission.

    “We are in an election year, so we will be looking to see how that focus by the Department of Justice plays out after the election in November and whether the focus on corporate crime remains the same,” said Kya Henley, a former public defender in Maryland who now represents companies and individuals in white-collar cases. “Everyone gets to set their agenda.”

    ___

    Koenig reported from Dallas. Cathy Bussewitz in New York contributed to this report.

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  • U.S hits Mexican accountants and firms with sanctions for timeshare scams that support drug cartel

    U.S hits Mexican accountants and firms with sanctions for timeshare scams that support drug cartel

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    FILE – The Treasury Building is viewed in Washington, May 4, 2021. The U.S. on Tuesday imposed sanctions on a group of Mexican accountants and firms allegedly linked to a timeshare fraud ring run by the Jalisco New Generation drug cartel. Three accountants were hit with sanctions, along with four Mexican real estate and accounting firms. In addition, Treasury and the FBI issued a notice to banks with a reminder to be vigilant in detecting and reporting timeshare fraud perpetrated by Mexico-based transnational criminal organizations. (AP Photo/Patrick Semansky, File)

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  • U.S hits Mexican accountants and firms with sanctions for timeshare scams that support drug cartel

    U.S hits Mexican accountants and firms with sanctions for timeshare scams that support drug cartel

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    FILE – The Treasury Building is viewed in Washington, May 4, 2021. The U.S. on Tuesday imposed sanctions on a group of Mexican accountants and firms allegedly linked to a timeshare fraud ring run by the Jalisco New Generation drug cartel. Three accountants were hit with sanctions, along with four Mexican real estate and accounting firms. In addition, Treasury and the FBI issued a notice to banks with a reminder to be vigilant in detecting and reporting timeshare fraud perpetrated by Mexico-based transnational criminal organizations. (AP Photo/Patrick Semansky, File)

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  • One Tech Tip: Protecting yourself against SIM swapping

    One Tech Tip: Protecting yourself against SIM swapping

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    NEW YORK — SIM-swapping is a growing form of identity theft that goes beyond hacking into an email or social media account. In this case, the thieves take over your phone number. Any calls or texts go to them, not to you.

    Any protections consumers enabled to secure access to their financial accounts, such as two-factor authentication texts, now can aid attackers and lock out owners.

    Experts say these scams will only increase and become more sophisticated, while the data show they are on the rise. The FBI Internet Crime Complaint Center reports that SIM-swapping complaints have increased more than 400% from 2018 to 2021, with associated personal losses estimated to be more than $68 million.

    Rachel Tobac, CEO of online security company SocialProof Security, says the numbers are probably a vast underestimate because most identity thefts are not reported.

    Criminals use personal information about their victims — phone numbers, addresses, birthdays and Social Security numbers — obtained through data breaches, leaks, dark web purchases or phishing scams to impersonate the victims as they contact their mobile carriers.

    They will claim the original phone and SIM card were damaged, lost or sold accidentally and ask for the number to be associated with a new SIM, or eSIM, card in their possession. Once this is done, the phone number belongs to the criminals, along with the ability to receive text messages or calls to verify accounts.

    Prevention is the best form of protection, according to cybersecurity experts. The tricks and habits security experts say help prevent SIM-swapping are what they have long been recommending for online security in general. They include the following:

    If your credentials are caught in a cyber breach, the hackers could try using the stolen passwords to get into other services to gather the personal data they need to pull off a SIM swap.

    If you’ve been using the same or similar login information for multiple websites or online accounts, make sure to change it. If criminals pilfer your password from one service, they can try it on your other accounts and easily get into all of them. If you find it too hard to memorize your various credentials, consider a password manager.

    Also use strong passwords that include letters, numbers and symbols. The longer they are, the better. Some experts say they should be 16 characters.

    Add biometrics or multifactor authentication apps and devices that do not involve texting. These methods often use separate login methods and encryption that are not tied to your phone’s identity, making them more difficult for criminals to access.

    AT&T also advises contacting your carrier to set up a unique passcode to prevent significant account changes such as porting phone numbers to another carrier. Your carrier may already have other protections in place to protect against SIM swapping, so it’s worth calling them to ask.

    Criminals will use email or text messages to try to trick you into giving them your personal and financial information or to expose your workplace to possible attacks, and it’s incredibly effective.

    In its annual State of the Phish report, the cybersecurity firm Proofpoint found a majority of data breaches across the world still center on human lapses.

    If you suspect you have received a possible phishing message or email, report it. Most of the popular email platforms have buttons or functions specifically for reporting phishing attempts. If you’re at work, follow the advice from your company’s information security team.

    All major U.S. carriers have web pages advising victims how to report a SIM fraud.

    But an Associated Press reporter, who recently was hit by such an attack, advises that victims should be diligent in working with the carrier to fix the issue. Filing complaints with the Federal Trade Commission, the Internet Crime Complaint Center or with their state attorneys general can possibly expedite recovery efforts.

    If card payment numbers were stolen, inform your bank or credit card company, explaining that your card is at risk of fraud and asking the company to alert you to any suspicious activity.

    You can also notify credit agencies, including the three main firms: Equifax, Experian and TransUnion. They can freeze your credit, which restricts access to your credit report and makes it hard to open new accounts or issue a fraud alert and will add a warning to your credit report encouraging lenders to contact you before lending money.

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  • What’s worse than thieves hacking into your bank account? When they steal your phone number, too

    What’s worse than thieves hacking into your bank account? When they steal your phone number, too

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    WASHINGTON — One Monday morning in May, I woke up and grabbed my cell phone to read the news and scroll through memes. But it was out of cell service. I couldn’t make calls or texts.

    That, though, turned out to be the least of my problems.

    Using my home Wi-Fi connection, I checked my email and discovered a notification that $20,000 was being transferred from my credit card to an unfamiliar Discover Bank account.

    I thwarted that transfer and reported the cell phone issues, but my nightmare was just starting. Days later, someone managed to transfer $19,000 from my credit card to the same strange bank account.

    I was the victim of a type of fraud known as port-out hijacking, also called SIM-swapping. It’s a less-common form of identity theft. New federal regulations aimed at preventing port-out hijacking are under review, but it’s not clear how far they will go in stopping the crime.

    Port-out hijacking goes a step beyond hacking into a store, bank or credit card account. In this case, the thieves take over your phone number. Any calls or texts go to them, not to you.

    When your own phone access is lost to a criminal, the very steps you once took to protect your accounts, such as two-factor authentication, can be used against you. It doesn’t help to have a bank send a text to verify a transaction when the phone receiving the text is in the hands of the very person trying to break into your account.

    Even if you’re a relatively tech-savvy individual who follows every recommendation on how to protect your tech and identity, it can still happen to you.

    Experts say these scams will only increase and become more sophisticated, and the data show they are on the rise.

    I am not the most tech savvy person, but I am a law-school educated journalist who specializes in finance reporting. Due to the very online nature of my job, I was taught all the methods of staying safe online: constantly changing my passwords with multi-factor authentication, signing out of apps that I don’t use regularly and keeping my personal information off the internet.

    Still, despite being safe, I was vulnerable to criminals. And it took a lot of time and legwork before I got my money and phone number back.

    The FBI Internet Crime Complaint Center reports SIM-swapping complaints have increased more than 400% from 2018 to 2021, having received 1,611 SIM swapping complaints with personal losses of more than $68 million.

    Complaints to the FCC about the crime have doubled, from 275 complaints in 2020 to 550 reports in 2023.

    Rachel Tobac, CEO of SocialProof Security, an online security company, says the rate of the crime is likely much higher since most identity thefts are not reported.

    She also says two-factor authentication is an outdated way of keeping consumers safe, since it’s possible to find anyone’s phone number, birthday and social security number through any number of public or private databases on the web.

    The ability of thieves to obtain your personal information was again made clear Friday when AT&T said the data of nearly all of its customers was downloaded to a third-party platform in a security breach two years ago. Although AT&T claims no personal information was leaked, cybersecurity experts have warned breaches involving telephone companies leave customers vulnerable to SIM swapping.

    As of now, switching numbers from one phone to another is easy and can be done online or over the phone. The process takes less than a few hours so long as a criminal has your personal information on hand.

    While consumers need to be smart about having a variety of different passwords and protections, consumers need to “put pressure on companies where its their job to protect our data,” Tobac said.

    “We need them to update consumer protection protocols,” she said, since two-factor authentication is not enough.

    FCC rules have recently changed to force companies to do more to protect consumers from this type of scam.

    In 2023, the FCC introduced rulemaking that require wireless providers to “adopt secure methods of authenticating a customer before redirecting a customer’s phone number to a new device or provider” among other new rules. Companies could require more information when a customer tries to port over a phone number to another phone — from requiring government identification, voice verification or additional security questions.

    The rules were scheduled to take effect on July 8, but the FCC on July 5 granted phone companies a waiver that delays implementation until the White House Office of Management conducts a further review.

    The wireless industry had sought the delay, stating among other reasons that companies need more time to comply. CTIA, which lobbies on behalf of the companies, said the new rules will require major changes in technology and procedures both within the wireless companies and in their interactions with phone manufacturers.

    But if the FCC rules had been in place, my phone number might have been harder to steal, experts say.

    Ohio State University Professor Amy Schmitz says the new FCC rules make it easier for consumers to protect themselves, but it is still reliant on action and awareness of the consumers.

    “I still question whether consumers will be aware of this, and will take action to protect themselves,” she said.

    It took ten days to get my number back from Cricket Wireless — and that wasn’t until I told company representatives that I was writing a story about my experience.

    In that period of time the scammer was able to access my bank account three times and eventually successfully transferred $19,000 from my credit card— even though I removed my number from the bank account, froze my credit, changed all my passwords, among other measures.

    Bank of America worked to reverse the $19,000 wire after I visited a branch near the AP bureau in Washington.

    Cricket apologized for the error and said in an email that its “expectation is to deliver a much better customer experience.”

    “Fraudulent port-outs are a form of theft committed by sophisticated criminals,” reads a company statement that was emailed to me. “We have measures in place to help defeat them, and we work closely with law enforcement, our industry and consumers to help prevent this type of crime.”

    An AT&T representative told me in an email that “all providers are working to implement the FCC’s new rules on port-outs and SIM swaps.”

    I’m still unsure of how this person got access to my accounts, whether through my social security number, phone number or date of birth, or possibly a recording of my voice.

    It was a hard lesson in how vulnerable we are when you lose control of our personal information that is so publicly available.

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