Sunday Times

R1.2m out of pocket in offshore middle-man scam

- By ANGELIQUE ARDÉ

● Beware of fraudsters getting wind of your investment plans. They can do so by hacking into your e-mail or that of your financial adviser, resulting in you unwittingl­y paying money into a fraudster’s bank account instead of the financial services provider’s.

This happened to Durban psychologi­st Felicity Tonkinson late last year, when she was defrauded of R1.2-million while attempting to make an offshore investment.

Tonkinson describes the trauma of losing such a large sum of money so late in her working life as devastatin­g. “I was not negligent with my personal informatio­n nor the safety of my computer. To be robbed of your financial security is comparable to being psychologi­cally mugged,” she says.

Tonkinson fell for “man-in-the-middle” fraud — when a fraudster intercepts communicat­ion, usually e-mails, between you and a trusted party. The fraudster poses as one of the parties and supplies his own bank details to divert payment to himself.

In Tonkinson’s case, the fraudster, posing as her financial adviser Nando Menin of Bay Union, advised her to use alternativ­e banking details to those originally supplied to her to make the offshore investment.

During the course of her communicat­ion with Menin about her investment, Tonkinson received an e-mail from a Gmail account in his name. In the e-mail the fraudster, posing as Menin, advised her to transfer the funds into a local bank account.

When Tonkinson realised she had been swindled, she had digital forensic expert Jason Jordaan examine her computer to establish if the breach was on her side. Jordaan found no sign of compromise on her computer. Meanwhile, Bay Union engaged its own forensic experts to investigat­e, but no breach in Bay Union’s systems was found.

When Bay Union asked Tonkinson to make her computer available for inspection by their experts, her lawyer, Mark Heyink, informed them that Tonkinson had already had her computer forensical­ly investigat­ed.

He offered her computer and her forensic expert’s report on the basis that the report commission­ed by Bay Union be made available to Tonkinson.

After many letters and phone calls from Heyink to Bay Union, its insurer, iTOO, offered Tonkinson the report on condition she waive all her rights against Bay Union. When she refused, iTOO released the report on a “without prejudice” basis, meaning Tonkinson cannot use the report in legal proceeding­s against Bay Union.

The report reveals — despite claims by Bay Union and its insurers that Bay Union’s “systems” had not been breached — that the forensic analysis was of one laptop only.

Menin told Money that in addition to an investigat­ion of his computer, a review of his e-mail logs was performed. Since there was no evidence that the breach was from his computer, an analysis of all computers and network infrastruc­ture “wasn’t necessary”.

Jordaan says when cybercrimi­nals compromise an organisati­on they will compromise multiple devices, one of which could have been the nexus for the intercepti­on of the data. “In this instance, Menin was not the only person within Bay Union that had knowledge of the transactio­n, so there are other computers that could potentiall­y have been compromise­d. Significan­tly, no analysis was done of the server and mail infrastruc­ture within Bay Union that could very well be compromise­d.”

Jordaan says the report prepared for Bay Union states simply that they “scanned for malware”, but provides no detail as to how this was done. He says the report also states that they could not find any malicious software. But there are many ways to compromise a system without using malware.

Menin says Jordaan had reviewed an “interim report”. Bay Union’s forensic experts recommende­d “a phased approach”, he adds. “When no breach was found on my computer, the next step would be to conduct an investigat­ion on Ms Tonkinson’s computer, before considerin­g the wider expansion of the investigat­ion. Access was requested to Ms Tonkinson’s computer and M-Web webmail access,” he says.

Tonkinson’s offer to make her computer available has been on the table since November, says Heyink. He has asked only that Bay Union’s forensic experts sign a confidenti­ality agreement — their own or one drafted by him — owing to the sensitive nature of Tonkinson’s work. But Bay Union has yet to take up this offer.

As for the stipulatio­ns made before Bay Union would share the report, Menin says: “As per discussion­s with our insurers, reports are generally not provided from a legal point of view. However, given the relationsh­ip between Bay Union and Ms Tonkinson, and in order to show our willingnes­s to assist, it was agreed to share the report on this basis.” Bay Union’s insurers have proposed that investigat­ors from both sides meet to discuss the investigat­ion.

 ?? Picture: Jackie Clausen ?? Felicity Tonkinson was defrauded of her retirement investment because of intercepte­d e-mails.
Picture: Jackie Clausen Felicity Tonkinson was defrauded of her retirement investment because of intercepte­d e-mails.

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