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Plaintiff Alleges Cybercriminals Misappropriated Funds Through Business Email Compromise

FLORIDA RECORD

Wednesday, December 18, 2024

Plaintiff Alleges Cybercriminals Misappropriated Funds Through Business Email Compromise

State Court
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6th Judicial Circuit of Florida Pinellas County | Official Website

West Capital Lending, Inc. has filed a lawsuit against unidentified individuals for orchestrating a sophisticated cyber-attack that resulted in the misappropriation of over half a million dollars. The complaint was lodged in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on December 2, 2024, targeting defendants John Doe and Jane Doe.

The case revolves around an elaborate scam that began on October 21, 2024, when cybercriminals impersonated West Capital's vendor, FreeRateUpdate.com LLC. They sent fraudulent emails with altered Automated Clearing House (ACH) instructions to redirect payments intended for legitimate invoices. As per the complaint, these criminals deceived West Capital into transferring $204,915 to an account at Citizens Bank and another $333,465 to an account at KeyBank. The total amount misappropriated was $538,380.

West Capital Lending alleges that these actions constitute unjust enrichment and seeks an expedited accounting to trace and recover the stolen funds. "The Defendants have received and accepted the benefit under circumstances where retention would be inequitable and unjust," states the complaint. This highlights the gravity of the situation as West Capital took immediate steps upon discovering the fraud to recall transfers and notify authorities.

In its legal pursuit, West Capital is requesting judgment for monetary damages exceeding $50,000 along with an imposition of a constructive trust over any proceeds held by the defendants. Additionally, they are seeking an order for expedited accounting from John Doe and Jane Doe to ascertain all funds' locations.

Representing West Capital Lending in this matter are attorneys Robert Cohen and Chelsea Furman from McDonald Hopkins LLC. The case is presided over by Judge Ken Burke under Case ID: 24-005287-ClI.

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