Lawsuit Seeks Food Benefits Stolen By Skimmers

November 10, 2022

A nonprofit organization is suing the state of Massachusetts on behalf of thousands of low-income families who were collectively robbed of more than a $1 million in food assistance benefits by card skimming devices secretly installed at cash machines and grocery store checkout lanes across the state. Federal law bars states from replacing these benefits using federal funds, and a recent rash of skimming incidents nationwide has disproportionately affected those receiving food assistance via state-issued prepaid debit cards.

The Massachusetts SNAP benefits card looks more like a library card than a payment card.

On Nov. 4, The Massachusetts Law Reform Institute (MLRI) filed a class action lawsuit on behalf of low-income families whose Supplemental Nutrition and Assistance Program (SNAP) benefits were stolen from their accounts. The SNAP program serves over a million people in Massachusetts, and 41 million people nationally.

“Over the past few months, thieves have stolen over a million SNAP dollars from thousands of Massachusetts families – putting their nutrition and economic stability at risk,” the MLRI said in a statement on the lawsuit. “The criminals attach a skimming device on a POS (point of sale) terminal to capture the household’s account information and PIN. The criminals then use that information to make a fake card and steal the SNAP benefits.”

In announcing the lawsuit, the MRLI linked to a story KrebsOnSecurity published last month that examined how skimming thieves increasingly are targeting SNAP payment card holders nationwide. The story looked at how the vast majority of SNAP benefit cards issued by the states do not include the latest chip technology that makes it more difficult and expensive for thieves to clone them.

The story also highlighted how SNAP cardholders usually have little recourse to recover any stolen funds — even in unlikely cases where the victim has gathered mountains of proof to show state and federal officials that the fraudulent withdrawals were not theirs.

Deborah Harris is a staff attorney at the MLRI. Harris said the goal of the lawsuit is to force Massachusetts to reimburse SNAP skimming victims using state funds, and to convince The U.S. Department of Agriculture (USDA) — which funds the program that states draw from — to change its policies and allow states to replace stolen benefits with federal funds.

“Ultimately we think it’s the USDA that needs to step up and tell states they have a duty to restore the stolen benefits, and that USDA will cover the cost at least until there is better security in place, such as chip cards,” Harris told KrebsOnSecurity.

“The losses we’re talking about are relatively small in the scheme of total SNAP expenditures which are billions,” she said. “But if you are a family that can’t pay for food because you suddenly don’t have money in your account, it’s devastating for the family.” Continue reading

Patch Tuesday, November 2022 Election Edition

November 8, 2022

Let’s face it: Having “2022 election” in the headline above is probably the only reason anyone might read this story today. Still, while most of us here in the United States are anxiously awaiting the results of how well we’ve patched our Democracy, it seems fitting that Microsoft Corp. today released gobs of security patches for its ubiquitous Windows operating systems. November’s patch batch includes fixes for a whopping six zero-day security vulnerabilities that miscreants and malware are already exploiting in the wild.

Probably the scariest of the zero-day flaws is CVE-2022-41128, a “critical” weakness in the Windows scripting languages that could be used to foist malicious software on vulnerable users who do nothing more than browse to a hacked or malicious site that exploits the weakness. Microsoft credits Google with reporting the vulnerability, which earned a CVSS score of 8.8.

CVE-2022-41073 is a zero-day flaw in the Windows Print Spooler, a Windows component that Microsoft has patched mightily over the past year. Kevin Breen, director of cyber threat research at Immersive Labs, noted that the print spooler has been a popular target for vulnerabilities in the last 12 months, with this marking the 9th patch.

The third zero-day Microsoft patched this month is CVE-2022-41125, which is an “elevation of privilege” vulnerability in the Windows Cryptography API: Next Generation (CNG) Key Isolation Service, a service for isolating private keys. Satnam Narang, senior staff research engineer at Tenable, said exploitation of this vulnerability could grant an attacker SYSTEM privileges.

The fourth zero-day, CVE-2022-41091, was previously disclosed and widely reported on in October. It is a Security Feature Bypass of “Windows Mark of the Web” – a mechanism meant to flag files that have come from an untrusted source. Continue reading

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LinkedIn Adds Verified Emails, Profile Creation Dates

November 4, 2022

Responding to a recent surge in AI-generated bot accounts, LinkedIn is rolling out new features that it hopes will help users make more informed decisions about with whom they choose to connect. Many LinkedIn profiles now display a creation date, and the company is expanding its domain validation offering, which allows users to publicly confirm that they can reply to emails at the domain of their stated current employer.

LinkedIn’s new “About This Profile” section — which is visible by clicking the “More” button at the top of a profile — includes the year the account was created, the last time the profile information was updated, and an indication of how and whether an account has been verified.

LinkedIn also said it is adding a warning to some LinkedIn messages that include high-risk content, or that try to entice the user into taking the conversation to another platform (like WeChat).

“We may warn you about messages that ask you to take the conversation to another platform because that can be a sign of a scam,” the company said in a blog post. “These warnings will also give you the choice to report the content without letting the sender know.”

In late September 2022, KrebsOnSecurity warned about the proliferation of fake LinkedIn profiles for Chief Information Security Officer (CISO) roles at some of the world’s largest corporations. A follow-up story on Oct. 5 showed how the phony profile problem has affected virtually all executive roles at corporations, and how these fake profiles are creating an identity crisis for the businesses networking site and the companies that rely on it to hire and screen prospective employees.

Reporting here last month also tracked a massive drop in profiles claiming to work at several major technology companies, as LinkedIn apparently took action against hundreds of thousands of inauthentic accounts that falsely claimed roles at these companies.

For example, on October 10, 2022, there were 576,562 LinkedIn accounts that listed their current employer as Apple Inc. The next day, half of those profiles no longer existed. At around the same time, the number of LinkedIn profiles claiming current roles at Amazon fell from roughly 1.25 million to 838,601 in just one day, a 33 percent drop. Continue reading

Hacker Charged With Extorting Online Psychotherapy Service

November 3, 2022

A 25-year-old Finnish man has been charged with extorting a once popular and now-bankrupt online psychotherapy company and its patients. Finnish authorities rarely name suspects in an investigation, but they were willing to make an exception for Julius “Zeekill” Kivimaki, a notorious hacker who — at the tender age of 17 — had been convicted of more than 50,000 cybercrimes, including data breaches, payment fraud, operating botnets, and calling in bomb threats.

In late October 2022, Kivimaki was charged (and arrested in absentia, according to the Finns) with attempting to extort money from the Vastaamo Psychotherapy Center.  On October 21, 2020, Vastaamo became the target of blackmail when a tormentor identified as “ransom_man” demanded payment of 40 bitcoins (~450,000 euros at the time) in return for a promise not to publish highly sensitive therapy session notes Vastaamo had exposed online.

In a series of posts over the ensuing days on a Finnish-language dark net discussion board, ransom_man said Vastaamo appeared unwilling to negotiate a payment, and that he would start publishing 100 patient profiles every 24 hours “to provide further incentive for the company to continue communicating with us.”

“We’re not asking for much, approximately 450,000 euros which is less than 10 euros per patient and only a small fraction of the around 20 million yearly revenues of this company,” ransom_man wrote.

When Vastaamo declined to pay, ransom_man shifted to extorting individual patients. According to Finnish police, some 22,000 victims reported extortion attempts targeting them personally, targeted emails that threatened to publish their therapy notes online unless paid a 500 euro ransom.

The extortion message targeted Vastaamo patients.

On Oct. 23, 2020, ransom_man uploaded to the dark web a large compressed file that included all of the stolen Vastaamo patient records. But investigators found the file also contained an entire copy of ransom_man’s home folder, a likely mistake that exposed a number of clues that they say point to Kivimaki.

Ransom_man quickly deleted the large file (accompanied by a “whoops” notation), but not before it had been downloaded a number of times. The entire archive has since been made into a searchable website on the Dark Web.

Among those who grabbed a copy of the database was Antti Kurittu, a team lead at Nixu Corporation and a former criminal investigator. In 2013, Kurittu worked on investigation involving Kivimaki’s use of the Zbot botnet, among other activities Kivimaki engaged in as a member of the hacker group Hack the Planet.

“It was a huge opsec [operational security] fail, because they had a lot of stuff in there — including the user’s private SSH folder, and a lot of known hosts that we could take a very good look at,” Kurittu told KrebsOnSecurity, declining to discuss specifics of the evidence investigators seized. “There were also other projects and databases.”

Kurittu said he and others he and others who were familiar with illegal activities attributed to Kivimäki couldn’t shake suspicion that the infamous cybercriminal was also behind the Vastaamo extortion.

“I couldn’t find anything that would link that data directly to one individual, but there were enough indicators in there that put the name in my head and I couldn’t shake it,” Kurittu said. “When they named him as the prime suspect I was not surprised.” Continue reading

Accused ‘Raccoon’ Malware Developer Fled Ukraine After Russian Invasion

October 31, 2022

A 26-year-old Ukrainian man is awaiting extradition from The Netherlands to the United States on charges that he acted as a core developer for Raccoon, a popular “malware-as-a-service” offering that helped paying customers steal passwords and financial data from millions of cybercrime victims. KrebsOnSecurity has learned that the defendant was busted in March 2022, after fleeing mandatory military service in Ukraine in the weeks following the Russian invasion.

Ukrainian national Mark Sokolovsky, seen here in a Porsche Cayenne on Mar. 18 fleeing mandatory military service in Ukraine. This image was taken by Polish border authorities as Sokolovsky’s vehicle entered Germany. Image: KrebsOnSecurity.com.

The U.S. Attorney for the Western District of Texas unsealed an indictment last week that named Ukrainian national Mark Sokolovsky as the core developer for the Raccoon Infostealer business, which was marketed on several Russian-language cybercrime forums beginning in 2019.

Raccoon was essentially a Web-based control panel, where — for $200 a month — customers could get the latest version of the Raccoon Infostealer malware, and interact with infected systems in real time. Security experts say the passwords and other data stolen by Raccoon malware were often resold to groups engaged in deploying ransomware.

Working with investigators in Italy and The Netherlands, U.S. authorities seized a copy of the server used by Raccoon to help customers manage their botnets. According to the U.S. Justice Department, FBI agents have identified more than 50 million unique credentials and forms of identification (email addresses, bank accounts, cryptocurrency addresses, credit card numbers, etc.) stolen with the help of Raccoon.

The Raccoon v. 1 web panel, where customers could search by infected IP, and stolen cookies, wallets, domains and passwords.

The unsealed indictment (PDF) doesn’t delve much into how investigators tied Sokolovsky to Raccoon, but two sources close to the investigation shared more information about that process on condition of anonymity because they were not authorized to discuss the case publicly.

According to those sources, U.S. authorities zeroed in on an operational security mistake that the Raccoon developer made early on in his posts to the crime forums, connecting a Gmail account for a cybercrime forum identity used by the Raccoon developer (“Photix”) to an Apple iCloud account belonging to Sokolovsky. For example, the indictment includes a photo that investigators subpoenaed from Sokolovsky’s iCloud account that shows him posing with several stacks of bundled cash.

A selfie pulled from Mark Sokolovsky’s iCloud account. Image: USDOJ.

When Russia invaded Ukraine in late February 2022, Sokolovsky was living in Kharkiv, a city in northeast Ukraine that would soon come under heavy artillery bombardment from Russian forces. Authorities monitoring Sokolovsky’s iCloud account had spent weeks watching him shuttle between Kharkiv and the Ukrainian capital Kyiv, but on Mar. 18, 2022, his phone suddenly showed up in Poland.

Investigators learned from Polish border guards that Sokolovsky had fled Ukraine in a Porsche Cayenne along with a young blond woman, leaving his mother and other family behind. The image at the top of this post was shared with U.S. investigators by Polish border security officials, and it shows Sokolovsky leaving Poland for Germany on Mar. 18.

At the time, all able-bodied men of military age were required to report for service to help repel the Russian invasion, and it would have been illegal for Sokolovsky to leave Ukraine without permission. But both sources said investigators believe Sokolovsky bribed border guards to let them pass.

Authorities soon tracked Sokolovsky’s phone through Germany and eventually to The Netherlands, with his female companion helpfully documenting every step of the trip on her Instagram account. Here is a picture she posted of the two embracing upon their arrival in Amsterdam’s Dam Square:

Authorities in The Netherlands arrested Sokolovsky on Mar. 20, and quickly seized control over the Raccoon Infostealer infrastructure. Meanwhile, on March 25 the accounts that had previously advertised the Raccoon Stealer malware on cybercrime forums announced the service was closing down. The parting message to customers said nothing of an arrest, and instead insinuated that the core members in charge of the malware-as-a-service project had perished in the Russian invasion. Continue reading

Battle with Bots Prompts Mass Purge of Amazon, Apple Employee Accounts on LinkedIn

October 20, 2022

On October 10, 2022, there were 576,562 LinkedIn accounts that listed their current employer as Apple Inc. The next day, half of those profiles no longer existed. A similarly dramatic drop in the number of LinkedIn profiles claiming employment at Amazon comes as LinkedIn is struggling to combat a significant uptick in the creation of fake employee accounts that pair AI-generated profile photos with text lifted from legitimate users.

Jay Pinho is a developer who is working on a product that tracks company data, including hiring. Pinho has been using LinkedIn to monitor daily employee headcounts at several dozen large organizations, and last week he noticed that two of them had far fewer people claiming to work for them than they did just 24 hours previously.

Pinho’s screenshot below shows the daily count of employees as displayed on Amazon’s LinkedIn homepage. Pinho said his scraper shows that the number of LinkedIn profiles claiming current roles at Amazon fell from roughly 1.25 million to 838,601 in just one day, a 33 percent drop:

The number of LinkedIn profiles claiming current positions at Amazon fell 33 percent overnight. Image: twitter.com/jaypinho

As stated above, the number of LinkedIn profiles that claimed to work at Apple fell by approximately 50 percent on Oct. 10, according to Pinho’s analysis:

Image: twitter.com/jaypinho

Neither Amazon or Apple responded to requests for comment. LinkedIn declined to answer questions about the account purges, saying only that the company is constantly working to keep the platform free of fake accounts. In June, LinkedIn acknowledged it was seeing a rise in fraudulent activity happening on the platform.

KrebsOnSecurity hired Menlo Park, Calif.-based SignalHire to check Pinho’s numbers. SignalHire keeps track of active and former profiles on LinkedIn, and during the Oct 9-11 timeframe SignalHire said it saw somewhat smaller but still unprecedented drops in active profiles tied to Amazon and Apple.

“The drop in the percentage of 7-10 percent [of all profiles], as it happened [during] this time, is not something that happened before,” SignalHire’s Anastacia Brown told KrebsOnSecurity.

Brown said the normal daily variation in profile numbers for these companies is plus or minus one percent.

“That’s definitely the first huge drop that happened throughout the time we’ve collected the profiles,” she said.

In late September 2022, KrebsOnSecurity warned about the proliferation of fake LinkedIn profiles for Chief Information Security Officer (CISO) roles at some of the world’s largest corporations. A follow-up story on Oct. 5 showed how the phony profile problem has affected virtually all executive roles at corporations, and how these fake profiles are creating an identity crisis for the businesses networking site and the companies that rely on it to hire and screen prospective employees. Continue reading

How Card Skimming Disproportionally Affects Those Most In Need

October 18, 2022

When people banking in the United States lose money because their payment card got skimmed at an ATM, gas pump or grocery store checkout terminal, they may face hassles or delays in recovering any lost funds, but they are almost always made whole by their financial institution. Yet, one class of Americans — those receiving food assistance benefits via state-issued prepaid debit cards — are particularly exposed to losses from skimming scams, and usually have little recourse to do anything about it.

California’s EBT card does not currently include a chip. That silver square is a hologram.

Over the past several months, authorities in multiple U.S. states have reported rapid increases in skimming losses tied to people who receive assistance via Electronic Benefits Transfer (EBT), which allows a Supplemental Nutrition Assistance Program (SNAP) participant to pay for food using SNAP benefits.

When a participant uses a SNAP payment card at an authorized retail store, their SNAP EBT account is debited to reimburse the store for food that was purchased. EBT is used in all 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam.

EBT cards work just like regular debit cards, in that they can be used along with a personal identification number (PIN) to pay for goods at participating stores, and to withdraw cash from an ATM.

However, EBT cards differ from debit cards issued to most Americans in two important ways. First, most states do not equip EBT cards with smart chip technology, which can make payment cards much more difficult and expensive for skimming thieves to clone.

Alas, it is no accident that all of the states reporting recent spikes in fraud tied to EBT accounts — including California, Connecticut, Maryland, Pennsylvania, Tennessee, and Virginia appear to currently issue chip-less cards to their EBT recipients.

The Massachusetts SNAP benefits card looks more like a library card than a payment card.  Oddly enough, both are reliant on the same fundamentally insecure technology: The magnetic stripe, which stores cardholder data in plain text that can be easily copied.

In September, authorities in California arrested three men thought to be part of a skimming crew that specifically targeted EBT cards and balances. The men allegedly installed deep insert skimmers, and stole PINs using tiny hidden cameras.

“The arrests were the result of a joint investigation by the Sheriff’s Office and Bank of America corporate security,” reads a September 2022 story from The Sacramento Bee. “The investigation focused on illegal skimming, particularly the high-volume cash-out sequence at ATMs near the start of each month when Electronic Benefits Transfer accounts are funded by California.”

Armed with a victim’s PIN along with stolen card data, thieves can clone the card onto anything with a magnetic stripe and use it at ATMs to withdraw cash, or as a payment instrument at any establishment that accepts EBT cards.

Skimming gear seized from three suspects arrested by Sacramento authorities in September. Image: Sacramento County Sheriff’s Office.

Although it may be shocking that California — one of America’s wealthiest states — still treats EBT recipients as second-class citizens by issuing them chip-less debit cards, California behaves like most other states in this regard.

More critical, however, is the second way SNAP cards differ from regular debit cards: Recipients of SNAP benefits have little to no hope of recovering their funds when their EBT cards are copied by card-skimming devices and used for fraud.

That’s because in the SNAP program, federal law bars the states from replacing SNAP benefits using federal funds. And while some of these EBT cards have Visa or MasterCard logos on them, it is not up to those companies to replace funds in the event of fraud.

Victims are encouraged to report the theft to both their state agency and the local police, but many victims say they rarely receive updates on their cases from police, and, if they hear from the state, it’s usually the agency telling them it found no evidence of fraud. Continue reading

Anti-Money Laundering Service AMLBot Cleans House

October 15, 2022

AMLBot, a service that helps businesses avoid transacting with cryptocurrency wallets that have been sanctioned for cybercrime activity, said an investigation published by KrebsOnSecurity last year helped it shut down three dark web services that secretly resold its technology to help cybercrooks avoid detection by anti-money laundering systems.

Antinalysis, as it existed in 2021.

In August 2021, KrebsOnSecurity published “New Anti Anti-Money Laundering Services for Crooks,” which examined Antinalysis, a service marketed on cybercrime forums that purported to offer a glimpse of how one’s payment activity might be flagged by law enforcement agencies and private companies that track and trace cryptocurrency transactions.

“Worried about dirty funds in your BTC address? Come check out Antinalysis, the new address risk analyzer,” read the service’s opening announcement. “This service is dedicated to individuals that have the need to possess complete privacy on the blockchain, offering a perspective from the opponent’s point of view in order for the user to comprehend the possibility of his/her funds getting flagged down under autocratic illegal charges.”

Antinalysis allows free lookups, but anyone wishing to conduct bulk look-ups has to pay at least USD $3, with a minimum $30 purchase. Other plans go for as high as $6,000 for 5,000 requests. Nick Bax, a security researcher who specializes in tracing cryptocurrency transactions, told KrebsOnSecurity at the time that Antinalysis was likely a clone of AMLBot because the two services generated near-identical results.

AMLBot shut down Antinalysis’s access just hours after last year’s story went live. However, Antinalysis[.]org remains online and accepting requests, as does the service’s Tor-based domain, and it is unclear how those services are sourcing their information.

AMLBot spokesperson Polina Smoliar said the company undertook a thorough review after that discovery, and in the process found two other services similar to Antinalysis that were reselling their application programming interface (API) access to cybercrooks.

Smoliar said that following the revelations about Antinalysis, AMLBot audited its entire client base, and implemented the ability to provide APIs only after a contract is signed and the client has been fully audited. AMLBot said it also instituted 24/7 monitoring of all client transactions.

“As a result of these actions, two more services with the name AML (the same as AMLBot has) were found to be involved in fraudulent schemes,” Smoliar said. “Information about the fraudsters was also sent to key market participants, and their transaction data was added to the tracking database to better combat money laundering.”

Experts say the founder of Antinalysis also runs a darknet market for narcotics.

The Antinalysis homepage and chatter on the cybercrime forums indicates the service was created by a group of coders known as the Incognito Team. Tom Robinson, co-founder of the blockchain intelligence firm Elliptic, said the creator of Antinalysis is also one of the developers of Incognito Market, a darknet marketplace specializing in the sale of narcotics.

“Incognito was launched in late 2020, and accepts payments in both Bitcoin and Monero, a cryptoasset offering heightened anonymity,” Robinson said. “The launch of Antinalysis likely reflects the difficulties faced by the market and its vendors in cashing out their Bitcoin proceeds.”

Microsoft Patch Tuesday, October 2022 Edition

October 11, 2022

Microsoft today released updates to fix at least 85 security holes in its Windows operating systems and related software, including a new zero-day vulnerability in all supported versions of Windows that is being actively exploited. However, noticeably absent from this month’s Patch Tuesday are any updates to address a pair of zero-day flaws being exploited this past month in Microsoft Exchange Server.

The new zero-day flaw– CVE-2022-41033 — is an “elevation of privilege” bug in the Windows COM+ event service, which provides system notifications when users logon or logoff. Microsoft says the flaw is being actively exploited, and that it was reported by an anonymous individual.

“Despite its relatively low score in comparison to other vulnerabilities patched today, this one should be at the top of everyone’s list to quickly patch,” said Kevin Breen, director of cyber threat research at Immersive Labs. “This specific vulnerability is a local privilege escalation, which means that an attacker would already need to have code execution on a host to use this exploit. Privilege escalation vulnerabilities are a common occurrence in almost every security compromise. Attackers will seek to gain SYSTEM or domain-level access in order to disable security tools, grab credentials with tools like Mimkatz and move laterally across the network.

Indeed, Satnam Narang, senior staff research engineer at Tenable, notes that almost half of the security flaws Microsoft patched this week are elevation of privilege bugs. Continue reading

Report: Big U.S. Banks Are Stiffing Account Takeover Victims

October 7, 2022

When U.S. consumers have their online bank accounts hijacked and plundered by hackers, U.S. financial institutions are legally obligated to reverse any unauthorized transactions as long as the victim reports the fraud in a timely manner. But new data released this week suggests that for some of the nation’s largest banks, reimbursing account takeover victims has become more the exception than the rule.

The findings came in a report released by Sen. Elizabeth Warren (D-Mass.), who in April 2022 opened an investigation into fraud tied to Zelle, the “peer-to-peer” digital payment service used by many financial institutions that allows customers to quickly send cash to friends and family.

Zelle is run by Early Warning Services LLC (EWS), a private financial services company which is jointly owned by Bank of America, Capital One, JPMorgan Chase, PNC Bank, Truist, U.S. Bank, and Wells Fargo. Zelle is enabled by default for customers at over 1,000 different financial institutions, even if a great many customers still don’t know it’s there.

Sen. Warren said several of the EWS owner banks — including Capital One, JPMorgan and Wells Fargo — failed to provide all of the requested data. But Warren did get the requested information from PNC, Truist and U.S. Bank.

“Overall, the three banks that provided complete data sets reported 35,848 cases of scams, involving over $25.9 million of payments in 2021 and the first half of 2022,” the report summarized. “In the vast majority of these cases, the banks did not repay the customers that reported being scammed. Overall these three banks reported repaying customers in only 3,473 cases (representing nearly 10% of scam claims) and repaid only $2.9 million.”

Importantly, the report distinguishes between cases that involve straight up bank account takeovers and unauthorized transfers (fraud), and those losses that stem from “fraudulently induced payments,” where the victim is tricked into authorizing the transfer of funds to scammers (scams).

A common example of the latter is the Zelle Fraud Scam, which uses an ever-shifting set of come-ons to trick people into transferring money to fraudsters. The Zelle Fraud Scam often employs text messages and phone calls spoofed to look like they came from your bank, and the scam usually relates to fooling the customer into thinking they’re sending money to themselves when they’re really sending it to the crooks.

Here’s the rub: When a customer issues a payment order to their bank, the bank is obligated to honor that order so long as it passes a two-stage test. The first question asks, Did the request actually come from an authorized owner or signer on the account? In the case of Zelle scams, the answer is yes.

Trace Fooshee, a strategic advisor in the anti money laundering practice at Aite-Novarica, said the second stage requires banks to give the customer’s transfer order a kind of “sniff test” using “commercially reasonable” fraud controls that generally are not designed to detect patterns involving social engineering.

Fooshee said the legal phrase “commercially reasonable” is the primary reason why no bank has much — if anything — in the way of controlling for scam detection.

“In order for them to deploy something that would detect a good chunk of fraud on something so hard to detect they would generate egregiously high rates of false positives which would also make consumers (and, then, regulators) very unhappy,” Fooshee said. “This would tank the business case for the service as a whole rendering it something that the bank can claim to NOT be commercially reasonable.”

Sen. Warren’s report makes clear that banks generally do not pay consumers back if they are fraudulently induced into making Zelle payments.

“In simple terms, Zelle indicated that it would provide redress for users in cases of unauthorized transfers in which a user’s account is accessed by a bad actor and used to transfer a payment,” the report continued. “However, EWS’ response also indicated that neither Zelle nor its parent bank owners would reimburse users fraudulently induced by a bad actor into making a payment on the platform.”

Still, the data suggest banks did repay at least some of the funds stolen from scam victims about 10 percent of the time. Fooshee said he’s surprised that number is so high.

“That banks are paying victims of authorized payment fraud scams anything at all is noteworthy,” he said. “That’s money that they’re paying for out of pocket almost entirely for goodwill. You could argue that repaying all victims is a sound strategy especially in the climate we’re in but to say that it should be what all banks do remains an opinion until Congress changes the law.”

UNAUTHORIZED FRAUD

However, when it comes to reimbursing victims of fraud and account takeovers, the report suggests banks are stiffing their customers whenever they can get away with it. “Overall, the four banks that provided complete data sets indicated that they reimbursed only 47% of the dollar amount of fraud claims they received,” the report notes.

How did the banks behave individually? From the report:

-In 2021 and the first six months of 2022, PNC Bank indicated that its customers reported 10,683 cases of unauthorized payments totaling over $10.6 million, of which only 1,495 cases totaling $1.46 were refunded to consumers. PNC Bank left 86% of its customers that reported cases of fraud without recourse for fraudulent activity that occurred on Zelle.

-Over this same time period, U.S. Bank customers reported a total of 28,642 cases of unauthorized transactions totaling over $16.2 million, while only refunding 8,242 cases totaling less than $4.7 million.

-In the period between January 2021 and September 2022, Bank of America customers reported 81,797 cases of unauthorized transactions, totaling $125 million. Bank of America refunded only $56.1 million in fraud claims – less than 45% of the overall dollar value of claims made in that time.

Truist indicated that the bank had a much better record of reimbursing defrauded customers over this same time period. During 2021 and the first half of 2022, Truist customers filed 24,752 unauthorized transaction claims amounting to $24.4 million. Truist reimbursed 20,349 of those claims, totaling $20.8 million – 82% of Truist claims were reimbursed over this period. Overall, however, the four banks that provided complete data sets indicated that they reimbursed only 47% of the dollar amount of fraud claims they received.

Fooshee said there has long been a great deal of inconsistency in how banks reimburse unauthorized fraud claims — even after the Consumer Financial Protection Bureau (CPFB) came out with guidance on what qualifies as an unauthorized fraud claim.

“Many banks reported that they were still not living up to those standards,” he said. “As a result, I imagine that the CFPB will come down hard on those with fines and we’ll see a correction.” Continue reading