News

Tobey Elected to DBA Board

DALLAS, TX -- Robert Tobey, name partner at JohnstonTobey, PC, has been elected to the Dallas Bar Association Board of Directors.

Board members are elected by the DBA membership. Six members are chosen from a slate of 10. New members are selected for a one-year term.

Tobey Pursues Dallas Bar Post; Voting Ends November 21

DALLAS, TX -- Robert Tobey, partner at JohnstonTobey, PC, is a candidate for a spot on the Dallas Bar Association board of directors. All DBA members should have received ballots by email and regular mail. Voting ends Monday, November 21.

"All lawyers on the slate are experienced, talented and hard working," says Robert. His recent bar experience includes the following:

• Chair of the Business Litigation Section, the DBA's largest section, in 2010;
• Chair of the Tort and Insurance Practice this year;
• Co-Vice Chair of the Bench Bar Committee this year.

In addition, he will be Co-Chair of the Bench Bar Committee in 2012.

"My bar service is very rewarding," says Robert, "and I encourage everyone to get involved. If elected, I will bring to the board a continued desire to work hard and my perspective from 31 years of trial work in Dallas."

SEC Disciplines Employees For Madoff Debacle

NEW YORK -- (CNNMoney) -- The Securities and Exchange Commission has disciplined eight employees for their failure to detect the infamous Madoff Ponzi scheme, a major embarrassment for the agency.

SEC spokesman John Nester said the punishments ranged from pay reductions and suspensions to simple "counseling memos." No employees were fired.

"We analyzed their performance based on what each person's responsibilities were, and whether, on an individual basis, each lived up to those responsibilities," Nester said.

A 2009 report from the SEC inspector general called into question the performance of 21 agency staffers in their handling of the Madoff case, Nester said. Of that number, 10 are no longer with the agency and not subject to discipline.

Of the remaining employees, nine were ultimately singled out for punishment, though one elected to resign. Among the rest, one received a 6% pay reduction. Others received suspensions without pay for between three and 30 days. Two received counseling memos.

One employee was recommended for termination unless this "would result in adverse impact on the agency's work." SEC officials ultimately concluded that a dismissal would indeed have an adverse impact, and elected only to suspend and reduce the pay of the individual, Nester said.

"The disciplines took place over the course of the past year. The process has essentially been under way since the release of the inspector general report," Nester said. In 2009, the SEC inspector general said the agency had overlooked "more than ample" evidence, including complaints dating back to 1992, that flagged the Madoff scheme.

"Despite numerous credible and detailed complaints, the SEC never properly examined or investigated Madoff's trading and never took the necessary, but basic, steps to determine if Madoff was operating a Ponzi scheme," the report said.

Bernard Madoff cheated more than 16,000 investors out of about $20 billion. He was arrested in December of 2008 and pleaded guilty three months later to running the largest pyramid-style scam in history, receiving a 150-year jail sentence.

The 12 Scams of Christmas

SANTA CLARA, CA. -- (BUSINESS WIRE) -- 'Tis the season for consumers to spend more time online - shopping for gifts, looking for great holiday deals, e-planning family get-togethers and using online or mobile banking to make sure they can afford it all. But before logging on, consumers should look out for the most dangerous online scams this holiday season.

"Cybercriminals rub their hands with glee when they think of the holidays," said Gary Davis, director of consumer product marketing at McAfee. "Consumers are making travel plans, shopping for gifts and bargains, updating Facebook and connecting with friends. However, the vast majority have no security protection for their smartphones or tablets, despite using them heavily during the holiday season. Consumers need to stay one step ahead of this season's cyber-scrooges, and make sure they have protection for all of their Internet-enabled devices. Otherwise, they could risk giving the bad guys the biggest gift of all -- their own personal and financial information."

The 12 Scams of Christmas are as follows:

1. Mobile Malware: A recent National Retail Federation (NRF) survey found that 52.6% of U.S. consumers who own a smartphone said they will be using their device for holiday-shopping related activities--whether it's to research products, redeem coupons, or purchase holiday gifts. Malware targeted at mobile devices is on the rise, and Android smartphones are most at risk.

2. Malicious Mobile Applications -These are mobile apps designed to steal information from smartphones or send out expensive text messages without a user's consent. Dangerous apps are usually offered for free and masquerade as fun applications, such as games. For example, last year, 4.6 million Android smartphone users downloaded a suspicious wallpaper app that collected and transmitted user data to a site in China.

3. Phony Facebook Promotions and Contests -- Who doesn't want to win some free prizes or get a great deal around the holidays? Unfortunately, cyberscammers know that these are attractive lures and they have sprinkled Facebook with phony promotions and contests aimed at gathering personal information.

4. Scareware -- Fake antivirus software that tricks someone into believing their computer is at risk, so they agree to download and pay for phony software. This is one of the most common and dangerous Internet threats today, with an estimated one million victims falling for this scam each day. In October 2010, McAfee reported that scareware represented 23% of all dangerous Internet links, and it has been resurgent in recent months.

5. Holiday Screensavers--Bringing holiday cheer to your home or work PC sounds like a fun idea to get into the holiday spirit, but be careful. A recent search for a Santa screensaver that promises to let you "fly with Santa in 3D" is malicious. Holiday-themed ringtones and e-cards have been known to be malicious too.

6. Mac Malware -- Until recently, Mac users felt pretty insulated from online security threats, since most were targeted at PCs. But with the growing popularity of Apple products, for both business and personal use, cybercriminals have designed a new wave of malware directed squarely at Mac users.

7. Holiday Phishing Scams -- Phishing is the act of tricking consumers into revealing information or performing actions they wouldn't normally do online using phony email or social media posts. Cyberscammers know that most people are busy around the holidays so they tailor their emails and social messages with holiday themes in the hopes of tricking recipients into revealing personal information. A common holiday phishing scam is a phony notice from UPS, saying you have a package and need to fill out an attached form to get it delivered. The form may ask for personal or financial details that will go straight into the hands of the cyberscammer.

8. Online Coupon Scams -- An estimated 63% of shoppers search for online coupons or deals when they purchase something on the Internet. But watch out, because the scammers know that by offering an irresistible online coupon, they can get people to hand over some of their personal information. One popular scam is to lure consumers with the hope of winning a "free" iPad. Consumers click on a "phishing" site, which can result in email spam and possibly dealing with identify theft.

9. Mystery Shopper Scams -- Mystery shoppers are people who are hired to shop in a store and report back on the customer service. Sadly, scammers are now using this fun job to try to lure people into revealing personal and financial information. There have been reports of scammers sending text messages to victims, offering to pay them $50 an hour to be a mystery shopper, and instructing them to call a number if they are interested. Once the victim calls, they are asked for their personal information, including credit card and bank account numbers.

10. Hotel "Wrong Transaction" Malware Emails -- Many people travel over the holidays, so it is no surprise that scammers have designed travel-related scams in the hopes of getting us to click on dangerous emails. In one recent example, a scammer sent out emails that appeared to be from a hotel, claiming that a "wrong transaction" had been discovered on the recipient's credit card.

11. "It" Gift Scams -- Every year there are hot holiday gifts, such as toys and gadgets, that sell out early in the season. When a gift is hot, not only do sellers mark up the price, but scammers will also start advertising these gifts on rogue websites and social networks, even if they don't have them. So, consumers could wind up paying for an item and giving away credit card details only to receive nothing in return.

12. "I'm away from home" Scammers -- Posting information about a vacation on social networking sites could actually be dangerous. If someone is connected with people they don't know on Facebook or other social networking sites, they could see their post and decide that it may be a good time to rob them. Furthermore, a quick online search can easily turn up their home address.

Fraud Week Stresses Dangers

During International Fraud Awareness Week, various companies and nonprofit organizations work to educate people about how to avoid becoming victims of financial fraud. Last year, American consumers lost more than $1.7 billion to financial scams such as identity theft, fraudulent debt collectors, fake lotteries, and counterfeit checks. And that's only what was reported.

According to Steven Baker, director of the Federal Trade Commission's Midwest Region, a few years ago his agency conducted a random telephone survey and discovered that only 8.2% of victims reported complaints. "In other words, 90% don't. And we know that from our own cases that we only have a couple of hundred complaints and it turns out there are thousands [of victims]. If I didn't do this for a living, I'd never believe how much fraud is out there."

The elderly are especially prone to being victimized by fraud. According to Kiplinger, a personal finance and financial forecasting company, one in five Americans over the age of 65 has been taken by a financial swindle.

It's important to know as much as you can about your financial situation to avoid becoming a victim.