Cyber Threats in Public Finance: Protecting Transactions from Wire Fraud

Orrick, Herrington & Sutcliffe LLP

A recent cyberattack on a Michigan township has exposed weaknesses in the bond-closing process. In this incident, hackers stole over $25 million in bond proceeds by using spoofed email addresses to provide fraudulent wire instructions.

The Michigan attack is not unique — Costs of Issuance have been stolen in connection with other transactions using similar techniques. As hacking becomes more sophisticated, the public finance industry must act now to add enhanced controls during the closing process, including, but not limited to:

  • Providing all wire information solely to the Trustee or Paying Agent at least five business days in advance of closing;
  • Requiring that the Trustee or Paying Agent confirm such wire information by telephone using the contact information provided on the Interested Parties list;
  • Using encrypted email channels and documents to transmit wire information; and
  • Requiring two separate confirmations from different people by telephone to a trusted counterparty before making any changes to already-provided wire information.
 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Orrick, Herrington & Sutcliffe LLP

Written by:

Orrick, Herrington & Sutcliffe LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Orrick, Herrington & Sutcliffe LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide