[Legal]
Smart Business: Document Security
Hed: Have You Really Checked Your Checks?
Deck: Counterfeiting and "Digi-feiting" is a $300 Billion Dollar Industry
Summary: Experts give four tips for protecting your company documents—especially your checks—from counterfeiters both inside and outside your firm.
Pull quote: "A small business can go bankrupt covering only half of a (forged) check." –Frank Abagnale, Abagnale & Associates, international expert on document security
Although document forgery has been around since writing was invented, high-tech counterfeiting made possible by PC-based technology has made it big business in the hands of people with computers, scanners and color printers.
Small businesses must take steps to protect themselves against altered, forged and counterfeited documents, says Richard Warner, senior research scientist at the Graphic Arts Technical Foundation, a Sewickley, Pa. graphic communications industry organization. He says document fraud and counterfeiting is a $300 billion-a-year international problem.
And nobody is immune from becoming a victim of business document forgery. Even if you're a prominent expert on document counterfeiting like Lew Kontnik, principal of Reconnaissance International and publisher of Authentication News, a secure-document industry magazine.
"We bought our business checks from the bank with the belief that they were security checks," says Kontnik, whose firm has offices in Greenwood, Colo. and Surrey, England. "They were stolen out of our mailbox, chemically washed and forged. The supposedly chemical safe paper basically didn't work." Instead of alerting to the fact that someone had chemically washed the payee and amount information off the check, the whole check washed out to a uniform color—a blank slate for the counterfeit artist.
Because Kontnik's firm could prove to their bank that they'd taken steps to try to prevent such fraud, the bank ate the losses. But under the most recent federal Uniform Commercial Code (UCC), if a firm or individual can't show they exercised "ordinary care" and followed "reasonable commercial standards," a bank can require the victim of a check forgery or counterfeiting scam to pay part or all of the disputed amount
Anyone with a desktop computer is a potential "digi-feiter," says Warner, who cites short jail terms and covert working conditions as attractions: "If you're shopping around to be a criminal, it's a low-risk thing to do."
Though checks are often forged or counterfeited, Warner says that any documents with value—coupons, certificates, identification documents, event tickets—are susceptible. The key for small businesses, say experts, is to keep documents as counterfeit-proof as reasonably possible and out of the hands of counterfeiters. Here are some steps to make your business less attractive to document criminals:
Stay technologically ahead of counterfeiters.
FontWorld, a document security software supplier in Brooklyn, N.Y., estimates that desktop forgery—done with a PC, a scanner and a printer—accounts for over $1 billion in losses annually to American businesses. FontWorld's technology director Scott Irwin cites the new affordability of a font format advanced by Microsoft and Adobe that offers advanced document security in a system under $5,000. For an additional $2,500, FontWorld's own software will actually track inside jobs—identifying the work station and printer of a company's resident forger.
Too pricey for your firm? Ron Swartwood is marketing and special projects manager for Victor Printing, a commercial printing firm in Sharon, Pa., that specializes in checks. "Any security feature in use today can be defeated by a skilled and determined criminal," says Swartwood, but most can be deterred by a combination of low-cost features.
For example, the wholesale price of multi-part business checks on special paper (with embedded watermark, special fibers, chemical reactive stains, pantograph) micro-line printing, and warning band cost only 8 percent more. "Shop around for the right check vendor," advises Swartwood, "and you can get these kinds of documents reasonably. Don't let them sell you expensive features like holograms unless you really need them."
Here's a run-down on some of the high-tech methods now available to help prevent forgery and counterfeiting.
Secure number fonts prevent alteration of amounts. Often dollar numeral amounts are outlined on a black background with the cents amounts printed smaller with "CNTS" printed under them.
Holograms, prismatic printing and intricate high-resolution borders on documents--each is difficult or impossible to copy on even the best color copier
Laid lines—unevenly spaced parallel lines on the back of a check that prevent the physical cutting and pasting of a document
Inks that change color when scratched, rubbed, scanned or copied can be easily authenticated by a recipient but lose their qualities if altered or copied
Thermochromatic inks – easily authenticated because they disappear or change color when heated
Check paper stock with watermarks that are inside, not just etched on, and look different in reflected and transmitted light
Paper with randomly-embedded red and blue fibers (similar to currency) that are not easily copied; or embedded fibers invisible except under ultraviolet light
Multi-chemical-reactive stains in paper that show signs of washing or other alteration by a number of different substances
Bleed-through printing that shows up on the underside of the paper and cannot be duplicated when copying back-to-back
Micro-line printing that blurs in a copied image. It reprises the date, payee, issuer and dollar amount of a check.
Void pantographs-- patented designs, sometimes with multiple ink densities that when scanned or copied show up with "Void" or other warning to make the check non-negotiable
Safety check stock. Here sometimes the investment in controlled specialty papers can pay off, since forgers can order from the same office supply and mail order catalogs you can.
Warning bands that draw attention to a document's security as a deterrent—the idea that a forger would look for an easier target.
Toner anchorage chemically applied to paper stock that will cause laser-printed printing to chemically bond to the paper so as to prevent washing
Inventory control numbers. Unlike check numbers, these separate numbers are printed separately by the check printer on the back of all non-pre-numbered laser checks.
MICR (magnetic ink character recognition), a combination of software, laser printer with magnetic toner and special fonts that can be expanded to add special encryptions on documents
Positive pay files –an electronic file containing record of checks issued which is supplied to your bank to cross reference checks as they come in for payment
Keep an eye on your company's checks -- and the people who write them.
Frank Abagnale, a secure document expert in Tulsa, Okla., works from his own background. Formerly one of the world's most famous confidence men, he cashed more than $2.5 million in fraudulent checks in a five-year period, then served five years in French, Swiss and U.S. prisons. Released on the proviso that he would help the U.S. government write policies and procedures to prevent white-collar crime, he CO-wrote the best-selling book, Catch Me If You Can: The Amazing True Story of the Most Extraordinary Liar in the History of Fun and Profit (Random House, August 2000.)
Abagnale served as an expert witness in a trial where a small business sued a bank for honoring checks forged by the business' trusted longtime bookkeeper. The firm, J.D. Neuhaus, a small Sparks, Md. manufacturer of pneumatic lifting equipment that is a division of parent company JD Neuhaus of Germany, discovered that the employee had forged the president's signature on over $179,000 worth of checks. But because the employer had not checked and reconciled the bank statements, nor kept the checks locked up nor done other things the bank argued were representative of "reasonable care," J.D. Neuhaus lost the case against the bank and over $50,000 in legal fees as well.
"You have to segregate duties and not let the person writing the checks reconcile the statement," says Abagnale. "And what's scary is, in the 25 years I've been investigating cases like this, it's almost never the new employee who's doing the forging. It's always the long-trusted employee, the one they say about, 'This lady worked for me for years, and I trusted her like my mother.'"
Don't depend on the bank to catch counterfeit checks and forgeries.
Hartwig Balke, president of the U.S. operation of J.D. Neuhaus, believes after his experience that signature cards at a bank are a waste of time, and don't protect anyone against forgery. "I even sent, on purpose, an unsigned check to my lawyer,' says Balke, "and the check went through with no problem. I don't understand how a bank gets away with stuff like that."
That's because most banks don't look at signatures of business checks under $10,000, says Abagnale. "And some Top-Ten banks don't look unless they're under $25,000," he says. "Even if you can show the bank was negligent, new laws that allow for what they call 'comparative negligence' may only require the bank to pay for half. A small business can go bankrupt covering only half of a check."
Don't brag about your new document security features.
While upgrading document security and labeling documents with warnings to deter criminals is a good idea, don't give out the details to anyone.
"The fewer people in your organization that know about how you're making your documents secure, the better," says Warner. "It spreads like wildfire and once it's gone, so is the security."
Related Links
<a href="http://www.abagnale.com">Abagnale & Associates</a>
<a href="http://www.jdneuhaus.com">J. D. Neuhaus</a>
<a href="http://www.law.cornell.edu/ucc/3/3-406.html">Uniform Commercial Code Article 3, part 4</a>
<a href="http://www.gatf.org">Graphic Arts Technical Foundation</a>
<a href="http://www.www.reconnaissance-intl.com">Reconnaissance International</a>
<a href="http://www.ckfraud.org">National Check Fraud Center</a>
<a href="http://www.bsgweb.com">Boston Search Group</a>
SOURCES:
Hartwig Balke, president of US operation, J.D. Neuhaus L.P., P.O. Box 1155, 9 Loveton Circle, Sparks, MD 21152, 410-472 0500 Fax: 001-410-472-2202,
Frank Abagnale, owner, Abagnale & Associates, PO Box 701290, Tulsa, OK 74170, 800-237-7443, .
Ron Swartwood, marketing and special projects manager, Victor Printing, One Victor Way, Sharon, PA 16146, 724-342-2106,
Lew Kontnik, principal, Reconnaissance International, 7105 E. Powers Ave., Greenwood Village CO 80111-1730, 303.779.1096,
Richard Warner, senior research scientist, Graphic Arts Technical Foundation, 200 Deer Run Rd., Sewickley, Pa. 15143-2600, 412-741-6860,
Scott Irwin, technology director for security sensitive solutions, Font World, Inc., 736 Ocean Parkway, 2nd floor, Brooklyn NY 11230, 718-686-1099,
Charles Bruce, director, National Check Fraud Center, PO Box 80171, Charleston SC, 29416, 842.571.2143,