Law Times

PAGE 2 NEWS OctOber 15, 2012 • Law times No need to worry about e-mail death threats: LawPRO BY MARG. BRUINEMAN For Law Times L SEAMLESS, EFFICIENT ESTATE PLANNING STARTS HERE MILLER THOMSON ON ESTATE PLANNING EDITOR-IN-CHIEF: MARTIN ROCHWERG NEW PUBLICATION How can you be certain that the will or non-testamentary documents you are drafting today are sturdy enough to withstand scrutiny and challenge? This new looseleaf service for lawyers and other professionals who manage finances provides a comprehensive analysis of Canadian estate planning and administration to help ensure your client's goals are met and his or her intentions carried out. 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The book identifies the many factors at play when creating an estate plan: • Directing assets to the desired beneficiaries, through the estate or otherwise • • • Imposing terms and conditions on gifts where appropriate Minimizing the tax implications of the plan so as to provide the most value to the ultimate beneficiaries Minimizing administrative and court costs on death and incapacity • Protecting the estate from creditors and other claimants • Adapting to changes in family and financial circumstances All relevant legal aspects relating to ownership and disposition of, and succession to, property in Canada are covered – including the rights, entitlements or expectations of various parties connected to the client. See complete listing of all contributors – visit carswell.com/mtep ORDER # 984927-65203 $400 2 volume looseleaf supplemented book 1-3 supplements per year Supplements invoiced separately Ontario lawyers that got this particu- lar message, president of claims prevention and stake- holder relations at LawPRO. "I know of at least one person who was "As of now, we've had five reports from " says Dan Pinnington, vice awyers don't need to worry about an unusual e-mail scam containing death threats and can simply ig- nore the messages, LawPRO says. quite worried about it." The comments follow reports of a scam that, as Toronto lawyer James Mor- ton puts it, "is based on fear, flat-out ex- tortion. "All of the other scams seem to be based on greed," says Morton, who notes " the e-mail is different from other schemes he has seen. "It' get many of those, even in my practice." Signed under the name Affar Wil- fee is $10,000 up front. The e-mail is from an account in the name of Ray Cheng. Morton notes everyone in his office, liams, the e-mail announces that some- one has taken out a "hit" on the recipient. The writer then says that, for a cost, he won't carry out his employer' s orders. The including his staff, received the same let- ter advising them their life is at stake. In it, the writer claims to have received $30,000 "to eliminate" the recipient. "My sponsors one of which is what we s a death threat and I don't 'It's a death threat and I don't get many of those, even in my practice,' says James Morton. is to ignore all the other lawyer-targeted e-mail scams, though some firms have opted to inform the police. alert lawyers about issues that may be of concern. Indications of a scam include a reference to the FBI, the fact that the sender blind copied the message to many people at once, and the overall nature of the note. In response to the e-mail, Morton Pinnington notes LawPRO tries to " can call an ex-convict that was convicted by your firm long ago gave me the reasons I noted. . . . Do not try to warn or send this message to the FBI or the police because I know that I'll have to do the job for which I was paid. erything I can so that we can meet before but I need $15,000." Morton fears some recipients might The writer continues: "Look, I'll do ev- " take the note seriously. Toronto police have confirmed they've received one complaint so far but didn't say how they were responding to it. For its part, LawPRO notes the perpe- trators are clearly targeting lawyers. But on its blog, the professional indemnity company suggests they need not worry about the e-mail. "The details are usually leſt vague, and posted it on his blog. That move may have elicited another note. In the second e-mail, someone wrote to Morton: "The ball is in your court, there is two things involve here. 1. I meet with you in per- son and give you the file that contains the names and queries sponsors. This is a good evidence that can be used to sue if you wish. 2. I do the job that I have been paid to do and that is to eliminate you. Get back to me if you chose the number 1 but ignore this e-mail if you chose the number 2. I am a man of few words." So Morton followed that up with an- other blog post. "So I guess I am special," he wrote. "Candidly, it is about as scary as a ram- the same offer is made to spare the per- son in return for money. In this case, the facts of the email don't even fit with how criminal prosecutions are conducted in Canada (i.e. 'convicted by your firm'). "It is as safe to ignore these e-mails as it paging teddy bear — but some may fall for it. Based on the time the e-mail was sent (2:32 a.m.), I am guessing the scam is out of the former Soviet Union." Toronto criminal lawyer Philippe never seen an outright threat." "I've never seen a scam like this. I've LT " he says. CORRECTION 978-0-7798-4927-7 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. An Oct. 1 Law Times story, "Court punishes man twice for same contempt order," incorrectly AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com/mtep Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 VE. INNOVATIVE. TRUSTED. identified Justice John Sproat as a former master of the On- tario Superior Court who issued an order in Doobay v. Diamond. Sproat wasn't a master prior to his appointment as a judge and he wasn't involved in the Dia- mond case. It was Master May J. Sproat who issued the order in Diamond and she has since changed her name to Master May J. Jean. www.lawtimesnews.com Benayon has seen a copy of the threaten- ing e-mail, although he hasn't received one himself. "I look at it and just shake my head,

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