Law Practice Management
Lawyer Says He is ‘a Capital D Dumbass’ for Losing $182K in E-Mail Scam
Posted Jan 26, 2009 9:44 AM CST
By Debra Cassens Weiss
A Houston lawyer has taken a home equity loan to repay his law firm for $182,500 lost in a variation of what has become known as the Nigerian e-mail scam.
In the case of lawyer Richard Howell Jr., the scammer claimed to be a Japanese businessman who needed help collecting $3.6 million from four customers in the United States, Texas Lawyer reports. Howell checked and found websites of the collecting company and the four U.S. debtors. His firm Buckley, White, Castaneda & Howell, would get a contingency fee of one-third for any money collected. "To me, it sounded like it could be a potentially lucrative client from Japan," Howell told the legal publication.
The firm received a collections check of $367,500 and, believing the check had cleared, sent $182,500 to the supposed Japanese client in Hong Kong, according to a suit Howell’s firm has filed against Citibank in Houston court. The suit contends the check was labeled "Citibank Official Check" and a Citibank employee verified that the money had been paid, a representation that turned out to be wrong when the check bounced.
Howell told Texas Lawyer that he hopes his story will help other lawyers avoid the same mistake. "I'm a capital D Dumbass," he told the publication.
But he’s not the only lawyer to have fallen prey to the scam. Howell says he knows of another Texas lawyer who lost $300,000 in a similar check fraud. And an Atlanta lawyer, Gregory Bartko, lost $200,000 to a scammer who claimed to be from Tah Tong Textile Co., a real company that trades on the Taiwanese stock exchange, according to a report this summer. Bartko later concluded there is no connection between the company and the person who contacted him.

Comments
Walt Fricke
Jan 26, 2009 7:46 PM CST
The “classic” Nigerian scheme, and its lottery variants, involves no real work on the part of the mark. They easily fit under the “too good to be true” rule.
Are lawyers accustomed to collecting a one third contingency fee for doing nothing much? Don’t have to write dunning letters, make phone calls, listen to excuses, etc? Just sit there and have checks show up in your mail? If so, maybe the D could be lower case, though perhaps emblematic of a different problem. Most of the attorneys I opposed had to work some to pry money from my clients.
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