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These worries are probably overblown, but they might lead a business to try to resolve related disputes with its partners informally or in the civil courts. In the aftermath of a BEC attack, it is possible for victimized companies to recover lost assets. According to the Department of Justice, as of , just 15 percent of corporate fraud victims nationwide report the crime.
First, a business might view the pursuit of a cybercriminal as a waste of time and resources, especially when the hacker is determined to be operating overseas. Indeed, because so many cybercriminals ply their trade outside the United States,. Recent years have seen a handful of court decisions involving BEC-scheme victims who have sued each other. Which company should bear the risk of loss? Courts so far have taken a similar approach to these cases. The first relevant case was a dispute, Arrow Truck Sales v.
The district court noted that there was no applicable case law on the issue of which party bore the loss stemming from third-party fraud that resulted in nonperformance of the contract. After a bench trial, the court determined on those grounds that the purchaser of the trucks should bear the loss.
As such, Arrow should suffer the loss associated with the fraud. When the firm followed those directions, the criminal stole the money. Bile and his former employer, RREMC, then brought competing motions to enforce the settlement agreement. Notably, the court found that Ubom had knowledge of an attempted fraud days before the transfer took place but did not notify opposing counsel. Don Hinds Ford, Inc. Hinds, believing the note was authentic, inadvertently wired the money to the criminal and picked up the SUVs.
When Townsend later asked Hinds to return them, Hinds refused, and Townsend sued for breach of contract, among other causes of action. The district court granted summary judgment for Townsend. Townsend was requesting that it send money by wire transfer. The Sixth Circuit reasoned that the case should be evaluated in two ways: under both contract law and agency law. In addition, any potential liability would be reduced if Don Hinds also failed to exercise reasonable care.
If both parties are negligent, the loss may be apportioned between them. Recovering money from a business email compromise attack is difficult. The only way to recover from the criminal who launched the attack is to get law enforcement involved. A company might be reluctant to do that to begin with, and if the criminal is operating out of the. Filing such a suit, of course, can come at some cost: The litigation will end up assessing which company could best have prevented the scheme, and whose internal-security practices are better.
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