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Circular No 084/2011
Dated 14 Apr 2011

To all Members of the Malaysian Bar


Bar Council is concerned about the growing number of reports and complaints received in relation to persons who hold themselves out as being authorised to offer legal services to the general public, or who masquerade as advocates and solicitors registered with Bar Council.  One example of this unscrupulous practice is the proliferation of scams perpetrated via email.

One of the most common email scams today involves a purported inheritance of money.  Generally, an email is sent in the name of a fictitious lawyer or legal firm, or alternatively, by misusing the name of a registered Member of the Bar or legal firm.  In this scam, the recipient of the email is invited to participate in a scheme whereby he or she allegedly stands to inherit a large sum of money from the lawyer or legal firm’s deceased client.

Once the recipient of the email shows interest, fabricated court documents are forwarded as proof that the offer is legitimate.  In order to receive the inheritance, the recipient must deposit several thousand ringgit into a specific bank account, supposedly as an “administrative fee” payable to the Malaysian Government.  Individuals who make the payment are cheated of their money, as there is no genuine inheritance and the scheme is a hoax.

Upon receipt of information pertaining to such scams, Bar Council checks its records to ascertain whether the individual purporting to be a lawyer is an advocate and solicitor registered with Bar Council.  After verification, Bar Council takes action where necessary, including informing any Member whose name is being misused, and/or lodging a police report.
 
The other scam that is on the rise is the preparation of Sale and Purchase Agreements (“SPAs”) by unknown parties in the name of authentic legal firms for the purpose of withdrawal of funds from the purchasers’ Employees Provident Fund (“EPF”) accounts.  Affected legal firms were alerted of this matter when they were contacted by EPF to verify the SPAs.  Upon investigation, it was discovered that the purchasers were not on the legal firms’ register of clients, nor had the developer sold any property to them.

Attached please find the Jurisk! Practice Alert titled “Employee Provident Fund (EPF) Fraudulent Withdrawals”, which provides useful background information and tips on precautionary measures.

We urge all Members to be wary of such scams and to report them to Bar Council by sending an email to Saliha Hassan, Executive Officer, Complaints and Intervention Department, at saliha@malaysianbar.org.my.

In the event of any doubt, Members of the Bar are advised to verify the identity and status of the lawyer or legal firm they are dealing with, by consulting the Malaysian Bar website  at http://www.malaysianbar.org.my, or by contacting the Bar Council Secretariat by telephone at 03-2031 3003, or by email at council@malaysianbar.org.my.

Thank you.

Tony Woon Yeow Thong
Secretary
Malaysian Bar


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