In this scam, the perpetrator sends you a certified or cashier's check in a large amount supposedly for the purchase of property. You deposit this money into your trust account. A day or two later, the perpetrator contacts you and lets you know that he sent you too much money, and needs some of it for another transaction. He asks you to wire his excess funds to a designated account right away. A few days later, your bank lets you know that the cashier's or certified check you deposited was fraudulent. If you complied with the request to wire the funds, your trust account is short. If you wisely waited to make sure the funds were actually in your trust account, you sigh in relief that you did not fall for the scam.

This scam has been around for a long time and seems to be making a comeback. We have had recent reports from the West coast of Florida. The perpetrators generally deal with the attorney through e-mail, and ask that the money be wired to a third party in a foreign country.

To avoid becoming a victim of this scam, make sure any cashier's check deposited into your trust account completely clears and the bank verifies that the funds are in your account before disbursing or returning any of the money to the client. Make sure the bank verifies that the cashier's check has cleared, and not that you have sufficient "available funds" in your trust account. Be especially vigilant when the client has come to you over the internet or via e-mail.