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ARTICLE · 10 OCTOBER 2018

Who carries the cost when an investor gets scammed? Which case won?

Interesting case in which an investor lost money after her emails were hacked by fraudsters. Who pays?

AustraliaLitigation, Mediation & Arbitration

The Facts

In a case study reported in 2016 by the UK Financial Ombudsman, an investor in the United Kingdom, "Ms Q", had her emails hacked by fraudsters, who impersonated her and sent emails purporting to be from her to her financial adviser.

Large sum transferred following receipt of emailed instructions

The emails asked the financial adviser to withdraw £250,000 from her investment bond and transfer the money to a solicitor's bank account in Hong Kong. However, the investment provider told the financial adviser that they could not trace the solicitor's firm and so would not be transferring money to that account.

The financial adviser then received a follow-up email purporting to be from Ms Q which provided details of a bank account in her name with a bank in the United Kingdom. The email instructed the financial adviser to transfer £250,000 to this bank account.

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