Beware of These Business Scams
Our legal expert shares two new--and ingenious--scams every business owner should know about.
By Chris Kelleher
| July 11, 2005
URL:
http://www.entrepreneur.com/management/legalcenter/legalbasics/article78600.html
You have to hand it to those dishonest people who try to cheat
businesses: If nothing else, they're certainly persistent. Just
when you thought you'd heard it all, presto! New scams and
schemes are being created to separate your business from its
cash.
As a public service to business owners everywhere, I thought
I'd discuss two of the latest and, dare I say, more creative
scams that are circulating across the country these days.
The "We Just Need Your Checking Account Number To Confirm
Your Creditworthiness" Scam
This scam's been around for some time, but unfortunately,
it's still very popular with those wanting a lucrative but
illegal income. It goes something like this:
The scammer calls a business on the phone and tries to obtain
the business's checking account number. Sometimes, the scammer
will pose as a "New Accounts Executive" for a phony bank
credit card company and offer an unbelievable interest rate and
repayment terms for any balance transfer from another credit card.
And, being exceptionally helpful, the scammer just wants one minute
of your time to verify some basic information over the phone to
complete the "pre-approved" credit application.
Of course, one of the pieces of "basic information"
that's needed is the business's checking account
number.
The object of this phone scam is to obtain your business's
checking account number so the scammer can start writing
"demand drafts" payable against your checking account.
But no one but you can write a check against your own checking
account, right? Wrong! Unfortunately, demand drafts don't
require a signature, and when your bank receives the draft with a
"valid" checking account number on it, it must honor the
draft. You only discover the scam if you closely examine your
monthly bank statement.
But that's not all! To avoid getting caught, most of the
phony demand drafts are written for very small amounts of money,
making it less likely that anyone will notice the monthly amount
being withdrawn from the account. While being "nicked"
for, say, $4.23 a month may not seem like a lot of money to some,
$4.23 times hundreds or even thousands of business bank accounts
can provide a very lucrative and illegal income to the scammer.
What to Do: Although it may take some time, be sure that
you or your bookkeeper thoroughly review and reconcile each of your
company's bank statements each month. If you find any
unverifiable debits that can't be reconciled, immediately call
and then notify your bank in writing of the suspicious charge.
The "Please Cash Our Check For $4.23" Scam
A newer and even more brilliant scam, this one starts by
actually putting money in your pocket and then proceeds to take
much larger amounts out. It goes like this:
The scammer finds your business's name and address on the
internet or through a business or Yellow Pages directory. The
scammer then mails you a check for a small amount, say $4.23, which
is payable to your business. Your accounts receivable clerk
dutifully deposits the check along with the 43 other checks you
received that day.
You've just been scammed!
But how can cashing a check for $4.23 hurt your business?
Here's why: When the check comes back to the scammer, the
information on that cashed check allows the scammer to learn your
checking account number which, as we saw in the first scam, allows
them to start writing demand drafts on your checking account.
Talk about a great--but illegal--return on investment. The
scammer spends just $4.23 to obtain valuable information that can
lead to hundreds if not thousands of easy but illegal dollars.
Pretty clever, I'd say.
What to Do: In addition to eternal vigilance in
reconciling your checking account, an early way to detect this scam
is to have your accounts receivable clerk reconcile all incoming
checks with existing customer accounts and balances before cashing
any check. If a check isn't expected or isn't from a
regular customer, don't cash it until you can determine the
source.
It's seems really sad to me that there are creative and
brilliant entrepreneurs out there who decide that developing new
and better scams to steal from people is a better business model
than being the owner of a business that actually helps people and
adds value to their lives. And it's even sadder if your
business unwittingly starts "doing business with" these
entrepreneurial scammers.
So keep your eyes open, and you'll avoid these unwanted
business partnerships.
Chris Kelleher is Entrepreneur.com's "Legal"
columnist and an award-winning small-business advisor and
attorney. He's also a sought-after speaker and the founder and
resident legal guru of The Law Firm For Businesses, a boutique law
firm that helps business owners creatively solve their business and
legal problems.
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