All posts by Dēmián Tebaldi

Demian David Tebaldi is a committed Massachusetts attorney with over 15 years of experience in family law, real estate, estate planning, and contracts. He graduated from the American Academy of Dramatic Arts West, Framingham State University, and the Massachusetts School of Law before joining the Massachusetts Bar in 2006. His unique background in business development and full-desk recruiting allows him to provide well-rounded legal advice. Attorney Tebaldi is especially interested in domestic violence, parental alienation, children’s welfare, and animal rights. Read some of his reviews.

Business Email Compromise: A Growing Scam Worth Over $50 Billion

Introduction

Business Email Compromise (BEC) is a highly sophisticated scam wherein perpetrators target businesses or individuals in the midst of legitimate fund transfers. The scam involves compromising email accounts through social engineering or computer intrusion to conduct unauthorized transfers of funds by deceiving the targets.

The Scope of BEC

BEC scams have been on the rise since 2015, targeting various entities, including small local businesses, large corporations, and personal transactions. From December 2021 to December 2022, reported losses globally increased by 17%, with the real estate sector witnessing a specific connection to BEC reporting.

These scams have affected all 50 U.S. jurisdictions and 177 countries, with fraudulently obtained funds flowing to over 140 countries. Hong Kong and China were the primary international destinations for these illicitly obtained funds, with the United Kingdom, Mexico, and Singapore following closely.

Between October 2013 and December 2022, the FBI received reports of 277,918 domestic and international incidents of BEC, leading to an aggregate loss of nearly $51 billion. In the United States alone, there were 137,601 reported incidents during this period, resulting in an aggregate loss of just over $17 billion.

BEC and the Real Estate Sector

BEC scams have shown a particular interest in the real estate sector. Reports to the FBI regarding BECs with ties to real estate reached an all-time high in 2018, followed by a subsequent decline, a minor spike in 2021, and another increase in 2022.

The real estate industry’s participants, including buyers, sellers, attorneys, title companies, agents, and brokers, are all potential targets for BEC perpetrators. By gaining access to an email account involved in a real estate transaction, scammers can monitor the process and execute fraudulent requests, such as changing payment types or bank accounts to redirect funds.

Based on FBI victim complaint data, there was a 27% increase in victim reports of BECs connected to real estate transactions between 2020 and 2022. During this period, there was also a staggering 72% increase in victim losses related to such BECs. These rising losses may have contributed to the inflation in real estate costs over the last few years.

Protection Measures

To safeguard residential property owners in Massachusetts from falling victim to BEC scams targeting real estate, Registries of Deeds have adopted a “Customer Notification Service.” This service notifies property owners, via email, whenever a new document is recorded for their property, helping them stay alert to potential scams.

To protect against BEC scams and other phishing attempts, follow these suggestions:

  1. Be cautious with unsolicited phone calls and avoid answering “Yes” or “No” questions from unknown callers.
  2. Use two-factor or multi-factor authentication for verifying unexpected requests for changes in destination account information.
  3. Verify the email sender’s identity by contacting a known individual at the original company before clicking on any links.
  4. Watch out for misspelled or slightly altered domain names in hyperlinks.
  5. Refrain from sharing login credentials or Personal Identification Information via email, as scammers often employ “spoofing” to create fake accounts that appear legitimate.
  6. Double-check the sender’s email address, especially on mobile or handheld devices, to ensure it matches the claimed sender.
  7. Allow full email extensions to be viewed in employees’ computers to avoid missing crucial information.
  8. Regularly monitor corporate and personal financial accounts for any irregularities, such as missing deposits.
  9. Always verify payment and purchase requests in person or by calling the requester directly to ensure legitimacy.

Reporting Suspected BEC Activity

If you suspect that you have fallen victim to a BEC scam, take immediate action:

  1. Contact the financial institution involved in the funds transfer to request they contact the recipient institution.
  2. Reach out to the nearest FBI field office to report the incident.
  3. File a complaint with the FBI’s Internet Crime Complaint Center.

Protecting yourself and staying vigilant is crucial in the face of the ever-evolving BEC scam. By implementing these protection measures and reporting any suspicious activity promptly, we can collectively work towards minimizing the impact of this pervasive threat.

Understanding Civil Contempt in Massachusetts Probate Cases

1. What is Civil Contempt in Massachusetts Probate Cases?

Civil Contempt in Massachusetts Probate Cases arises when an individual fails to comply with a court order or judgment. Such violations often occur in Probate and Family Court scenarios, especially when a party doesn’t adhere to custody, visitation, child support, or spousal support mandates. These orders typically derive from Separation Agreements or a Motion for Temporary Orders during divorce or paternity cases.

2. Real-Life Application: The Divorce Context

Consider a divorce setting where a custodial parent initiates a Civil Contempt complaint against a non-custodial parent. This usually happens when the latter doesn’t meet child support obligations set by a court order. To succeed in this complaint, several factors come into play:

  • The magnitude of the failure: Did the non-custodial parent skip payments entirely or make partial payments?
  • The reasons behind the failure: Did the non-custodial parent lose their job through no fault of their own or resign deliberately to evade child support?

For a Civil Contempt complaint to stand in court, the plaintiff must present “clear and convincing evidence” that the defendant breached a valid court order. Massachusetts’ Supreme Judicial Court, in its In re Birchall (2009) ruling, emphasizes the need for clear and convincing proof of disregard for an unambiguous command. While Massachusetts law doesn’t provide a strict definition for “clear and convincing evidence”, most Probate Courts view it as a standard between “preponderance of the evidence” and “beyond a reasonable doubt”.

4. Importance of Clear Court Orders

A straightforward and unambiguous court order leaves no room for varied interpretations. In Demoulas v. Demoulas Supermarkets, Inc. (1997), the Supreme Judicial Court opined that a defendant shouldn’t face contempt if doing so would stretch the original order beyond its apparent intent. Subsequently, in Sax v. Sax (2002), the Appeals Court decided that any ambiguities typically favor the defendant.

A well-defined Separation Agreement, Order, or Judgment ensures clarity for all involved parties. Any ambiguities can hinder a judge’s ability to determine if a party should face contempt charges. Essentially, orders demanding interpretative leaps or reconstructions of the original intent could be ambiguous for contempt considerations.

5. Criteria for Civil Contempt in Massachusetts Probate Cases

To succeed in a Civil Contempt complaint, a plaintiff must meet the following criteria:

  • A valid Order or Judgment from an authoritative court.
  • The Order or Judgment must be unambiguous, lacking multiple interpretations.
  • The Order or Judgment should be clear in its application to specific events.
  • The defendant’s breach of the Order or Judgment should be evident and backed by compelling evidence. Moreover, the defendant should lack a valid defense for their alleged violation.

By understanding these factors, individuals can navigate the complexities of Civil Contempt in Massachusetts Probate Cases more effectively.

Need Expert Guidance? Reeves Lavallee PC is Here to Help!

Navigating the intricacies of Civil Contempt in Massachusetts Probate Cases can be overwhelming. Yet, understanding the nuances and ensuring compliance is crucial. If you find yourself uncertain about any aspect or facing a potential contempt situation, don’t go at it alone.

Reeves Lavallee PC boasts a team of seasoned professionals who specialize in these very scenarios. With our expertise, we’ll guide you every step of the way, ensuring your rights are protected and you’re fully informed. Remember, in legal matters, timely advice can make all the difference.

So why wait? Contact Reeves Lavallee PC today and let’s turn challenges into solutions together!

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The Evolution of Wills: Tracing its Journey from Ancient Civilizations to the Modern Era

The age-old tradition of bequeathing personal possessions to one’s descendants has its roots embedded deep within history. Ancient Egypt, for instance, had established codified laws surrounding inheritance as early as 2500 BCE. The concept matured as civilizations evolved, leading to the birth of what we recognize today in Western society as the “Last Will and Testament.” This evolution can be attributed to the innovative thinking of Solon, an influential Athenian statesman from around 630 – 560 BCE. Beyond his significant contributions to the birth of Greek democracy, Solon also redefined inheritance laws. In his era, Wills primarily catered to the elite Greco-Roman men who didn’t have natural heirs, offering them a structured method to distribute their vast wealth and properties.

Medieval Interpretations: The Evolution of Terminology and Practice

The middle ages in Europe witnessed a nuanced understanding of Wills and Testaments. The term “Will” evolved to specifically denote legal documents facilitating the transfer of real estate, while “Testament” became associated with the passing of personal items. This distinction played a pivotal role in how assets were viewed and transferred. In today’s Massachusetts, these medieval concepts have undergone further refinement. Presently, any individual, as long as they’re above 18 years and mentally sound, can draft their Last Will and Testament. The procedure mandates the presence of two impartial observers during the signing, ensuring that these witnesses have no personal gain from the document.

Modern-Day Mandates: The Essential Components of a Will

The contemporary legal landscape in Massachusetts doesn’t impose constraints on the length of a will. However, it places immense emphasis on clarity and precision. For a will to function smoothly and avoid potential legal disputes, it should lucidly detail the intended beneficiaries. Ambiguities could lead the Probate Court to intervene, potentially complicating the estate’s distribution process.

Extreme Examples: The Shortest and the Lengthiest Wills

Wills, over time, have varied immensely in length and detail. On one end of the spectrum, we have the succinct will of Karl Tausch from 1967. With just the words “Vse zene” (translating to “All to wife” in Czech), this is the briefest uncontested Last Will in recorded history. On the opposite end, we find Frederica Evelyn Stilwell Cook’s exhaustive will from 1919. This comprehensive document stretched over 1,066 pages, meticulously detailing her assets across four opulent leather-bound, gold-leaf embossed books.

Historical Gems: Wills that Made Headlines

The annals of history have recorded some truly captivating wills. Take, for instance, William Shakespeare’s will. While it might seem unusual, he bequeathed his “second-best bed” to his wife, Anne. This gesture gains significance when one realizes that during his time, the marital bed was often termed as the “second-best,” with the finest bed reserved for guests. Another monumental will is that of Alfred Nobel. His Last Will laid the foundation for what the world now celebrates as the Nobel Prizes.

Your Legacy Deserves the Best: Let’s Craft It Together

Your legacy is a reflection of your life’s journey, and its preservation is paramount. Don’t leave it to chance. At Reeves Lavallee PC, we understand the nuances of crafting a testament that mirrors your wishes perfectly. Whether you have an expansive estate or a modest asset base, your Last Will deserves the touch of experts. Contact us today and let’s ensure your legacy is passed on just as you envision. Your future generations are counting on it, and we’re here to assist every step of the way.

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