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Offense

Business Email Compromise

Cyber and Technology-Enabled Offenses

A form of fraud in which the offender compromises or spoofs a legitimate business email account, most often belonging to a company executive or a trusted vendor, in order to deceive an employee into making an unauthorized wire transfer of funds or divulging sensitive company information, typically by directing the transfer to an account the offender controls under the guise of a routine and time sensitive business transaction. The United States Federal Bureau of Investigation has documented it as one of the most financially damaging categories of cyber-enabled fraud reported to its Internet Crime Complaint Center, distinguished from ordinary phishing by its reliance on detailed research into a specific target organization's personnel, vendors and typical transaction patterns rather than a mass, indiscriminate message.

Facts
Classification Code
18 U.S.C. 1343 (wire fraud), the statute most often used to prosecute BEC 2
Typical Penalty
fined under this title or imprisoned not more than 20 years, or both 2
BEC is typically charged as wire fraud under 18 U.S.C. 1343; this is that statute's general penalty, not a BEC-specific one
Elements of Offense
Business Email Compromise/Email Account Compromise (BEC) is a sophisticated scam that targets both businesses and individuals who perform legitimate transfer-of-funds requests 1
Classification
Offense Grade
Serious or Indictable Offense 1
Sources
1. FBI Internet Crime Complaint Center, Business Email Compromise: The 50 Billion Dollar Scam
Body text, opening definition
Quote, Body text, opening definition
Business Email Compromise/Email Account Compromise (BEC) is a sophisticated scam that targets both businesses and individuals who perform legitimate transfer-of-funds requests
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2. 18 U.S. Code section 1343, Fraud by wire, radio, or television (Cornell Legal Information Institute)
  • Section 1343, offense clause
    Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice
  • Section 1343, penalty clause
    shall be fined under this title or imprisoned not more than 20 years, or both
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