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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On June 9 the FBI released a public service announcement (PSA) addressing new information and statistics on cyberattacks related to business email compromise (BEC), with an emphasis on a recent increase in such attacks targeting the real estate sector. The PSA also sets forth recommendations for security measures organizations should implement to mitigate cyber risks in this area.

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A BEC is a cyberattack technique whereby malicious actors assume the identity of a trusted person (e.g., customer, service provider, third-party agent) in an attempt to trick the recipient into taking a desired action, such as changing financial payment instructions or divulging sensitive corporate information or personal data.

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According to the FBI’s PSA, BEC scams have continued to evolve, targeting small local businesses to larger corporations and personal transactions. Between December 2021 and December 2022, the FBI reports that there was a 17% increase in identified global exposed losses.

The FBI also reports that banks located in Hong Kong and China were the primary international destinations of fraudulent funds, followed by the United Kingdom, which often acts as an intermediary stop for funds, Mexico, and Singapore.

According to the PSA, there has been over $50 billion in losses related to BEC attacks since 2013.

The PSA also details an increase in BEC scams targeting the real estate sector. It provides that BEC scams target all participants in real estate transactions (e.g., buyers, sellers, real estate attorneys, title companies, and agents), and “[o]nce BEC perpetrators gain access to a participant’s email account involved in a real estate transaction, they are able to monitor the real estate proceeding” and use their access to commit wire or fund transfer fraud.

According to the FBI, BEC scams targeting the real estate sector are “once again on the rise” and from calendar years 2020 to 2022, there was a 27% increase in reported BECs with a real estate nexus. During the same time frame, there was a 72% increase in victim losses from BECs involving real estate. According to the FBI, “[t]he increases in victim losses of BEC with a real estate nexus are notable with the increase in victim reporting and also may be contributed to the rise in real estate costs over the last several years.”

The FBI recommends the following precautions that organizations should implement to protect against BEC scams:

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The FBI’s recommendations are especially important because they align with a <a href="https://www.lawfareblog.com/proposed-nist-updates-and-data-incident-response-planning" target="_blank" rel="noreferrer noopener">recent proposal</a> from the National Institute of Standards and Technology to update its information security guidelines for the private sector. Organizations should carefully assess their information security programs against these FBI recommendations and the NIST guidelines or other applicable industry standards to identify and mitigate cybersecurity risks, including BECs.

<em>This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.</em>

<em>This document may be considered attorney advertising in some jurisdictions.</em>

https://admin.thompsonhine.com/wp-content/uploads/2023/06/Privacy-Cybersecurity-Update-FBI-Issues-Business-Email-Compromise-Alert.pdf

FBI Issues Business Email Compromise Alert

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