The Florida Bar recently reported[1] that attorneys (and general public) should be aware of a new scam involving smartphones and checks given to clients.
If you are not aware most banks now allow people to deposit checks via a scanned copy of the check. In fact there is currently a humorous commercial out by Chase Bank[2] showing how a check can be deposited with a smartphone.
The scam appears to work when a client is given a check (the example given was with a title company after a closing). The attorney leaves the room or turns there back for a period of time (often simply a minute) when they return the client returns the check and says they would prefer the money to be wired to their account. The attorney doesn’t realize that the check returned has already been cashed. Don’t believe it could happen? It has according to the Florida Bar a title agent recently reported an incident to The Florida Land Title Association.
Therefore one should use caution if a check has been handed over and then within a short period of time it is returned with a request that the funds be paid in another way. The Bar suggests that you not exchange forms of payment once the check has been delivered. If that isn’t possible you should contact your bank and issue a stop payment on that check (in writing) and explain to the client that the funds can not be wired until such time as your bank gives you an assurance (in writing) that you can safely proceed.
[1]Http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/cb53c80c8fabd49d85256b5900678f6c/ef0d0c787065efa78525790900432b7a%21OpenDocument&Highlight=0,smartphone*
[2]http://www.bing.com/videos/search?q=Chase+commercial+deposit+check+with+phone&view=detail&mid=0FA02B5BBF8513CE38080FA02B5BBF8513CE3808&first=0&FORM =LKVR1
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