ARTICLE
18 January 2017

Tax Season Is In Full Swing: Beware Of The W-2 Spear Phishing Scam

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BakerHostetler
Contributor
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Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
Last year we saw an unprecedented number of companies of all sizes fall victim to a W-2 spear phishing scam.
United States Technology
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Last year we saw an unprecedented number of companies of all sizes fall victim to a W-2 spear phishing scam. The scam usually began with a "spoofing" email that appeared to have been sent by a company's CEO or CFO to one or more employees in the human resources or payroll department. The email typically requested that all of the company's employees' W-2s be sent in PDF format via return message or uploaded to a file sharing site. Unbeknownst to the human resources or payroll department employees, the email did not come from the CEO or CFO but a criminal who had conducted some research to, at the very least, identify the names and email addresses of the CEO or CFO as well as the targeted human resources or payroll department employees. Here is an example:


From: Jim.Smith@company.com

To: Tony.Adams@company.com

Subject: Treat as Urgent

Date: March 7, 2016 10:55 AM


Hi Tony,

I need copies of all employees' W-2 wage and tax statements for 2015 to complete a business transaction. I need them in PDF format. You can send them as an attachment.

Regards,

Jim Smith


The email appears to be a completely legitimate request from a legitimate email address, but in reality the email is from somewhere entirely different and has the "REPLY TO" field (that is typically hidden from the end user) set to an email address controlled by the criminal; for example, ceo@mail.com. The email headers would show this. Other variations on the content of the W-2 requests can be found in the IRS's alert on the topic issued March 1, 2016.

Criminals were successful in filing fraudulent tax returns within days (and perhaps hours) of obtaining the W-2s. The time and effort it takes to steal this valuable information – a few simple, targeted emails to unsuspecting employees – is significantly less than the time and effort it takes to infiltrate a network. Given this, it is highly likely that this scam will continue during the 2016 tax season.

Now is a good time to remind employees, especially those who handle W-2s and other tax forms, to be aware of the threat. Employees should be advised that email requests for any type of sensitive data should be confirmed as legitimate through direct contact with the apparent sender via a phone call. Employees should be further advised that, rather than responding directly to the email, they should send a new email where they enter the recipient. Employees should also be reminded of any policies and procedures regarding safeguarding personal information.

You can review a compilation of IRS alerts as well as further information on how to avoid tax fraud in general on the IRS's website.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
18 January 2017

Tax Season Is In Full Swing: Beware Of The W-2 Spear Phishing Scam

United States Technology
Contributor
BakerHostetler logo
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
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