White Paper

4 Pages
  • 4 Pages

Second Circuit Holds Phishing Email Using PHP Script is Covered “Computer Fraud”


The FBI calls it the $5 billion problem.

Scams from business compromise emails have been designated as a “$5 billion” problem by the Federal Bureau of Investigation. BECs are also referred to as CEO fraud. BECs occur when an email advises a company’s employee to wire transfer money to a bank account of some sort. However, it’s being sent fraudulently but by the time the company realizes what has happened, the fraudster has already walked away with the money. This white paper reviews a recent BEC case and the decision made by the U.S. Court of Appeals for the Second Circuit.



Joshua A. Mooney

White and Williams LLP

Joshua A. Mooney is a partner at White and Williams LLP. As the Co-Chair of the firm’s Cyber Law and Data Protection Group, Joshua Mooney advises clients on cyber risks and the complex patchwork of state and federal law on data privacy and security, including HIPAA, GLBA, New York’s cyber regulations, state data breach notification laws, and the EU’s General Data Protection Regulation (GDPR).

Josh helps companies assess and implement cybersecurity programs geared to preserve the confidentiality, integrity, and availability of client data. He guides clients through investigations and responses to cybersecurity incidents, including data breaches. Josh serves as an editor of a working group of X9, an ANSI-accredited standards developing organization, to develop a universal standard for data protection and data breach notification in the financial services industry. He also advises clients on threat sharing against cyberattacks under GDPR.

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