News (All)

Purchase Order Scam Hits Long Island

Posted: February 20th, 2015

HIA reporter

A large order comes in from a new customer – a major research university. Excited at the prospect of developing a long-term relationship with such a well known institution, you have no problem shipping out the order right away, with the invoice to follow a couple of days later.

The following week, several orders come in from an established client. Your sales reps have strong relationships with this client, who has always paid on time. Eager to showcase the customer service the client has come to expect from your company, you ship the order as soon as possible, never doubting that the client will pay the bill.

Unfortunately, what may appear to be a profitable order or a promising new customer could instead be an effort to drag your company into a complex scheme the FBI calls “purchase order fraud.”

According to a recent FBI news release, the global scam generally follows these steps:

  • Cyber criminals based in Nigeria set up fake websites with domain names almost identical to those of real schools, companies, and institutions. Matching e-mail addresses and spoofed phone numbers (to make a call appear to be coming from the real company and area code) are used to request price quotes from vendors, mostly small businesses, for a variety of products including electronic equipment, hard drives, and pharmaceuticals. The perpetrators do online research to obtain employees’ names and other information to make the requests appear legitimate. The companies or schools being impersonated are typically large or well known, or are existing clients of the business being targeted.
  • The criminals then place orders, requesting that shipments be made on credit (typically 30 days). Because the vendor believes the order is coming from an established client or well known institution – some of which even provide credit references – the vendor agrees.
  • A U.S. shipping address is provided, which is typically a warehouse, storage facility, or even the residence of a work-from-home or online romance scam victim. From there, the orders are shipped to Nigeria. The FBI refers to these home Internet users as “unsuspecting accomplices” in the complicated scam.
  • By the time the packages reach Nigeria, the vendor has billed the real institution and the fraud has been discovered – but the goods are long gone.

As highlighted in a recent Newsday article, many Long Island businesses have been the target of purchase order fraud. In October, Bohemia-based Chromate Industrial Corporation – a distributor of maintenance, repair, and operations supplies – received two orders from the University of Michigan for fluke meters, which measure voltage. The orders, totaling $40,000, were shipped to three separate locations as requested in the purchase order. After the packages were shipped, Chromate invoiced the University of Michigan. The university did not recognize the orders, and after reviewing the purchase orders, determined they were fraudulent. Eventually, with information provided by the FBI, one of the Chromate shipments was intercepted in the United Kingdom before being shipped to Nigeria and was returned to Long Island. However, $30,000 worth of goods never made it back.

Donna Galan, Vice President of Operations at Chromate, described the situation as “very disturbing, especially since we don’t know what the products are ultimately being used for.” But the experience has turned customer service into amateur FBI investigators; Chromate still receives frequent fraudulent orders, but employees now know what to look for. The FBI has published the following indications of fraud:

  • Incorrect domain names. In Chromate’s case, the University of Michigan e-mail addresses ended in .com, not .edu.
  • The shipping address on a purchase order is different from the business location, or is a residence or storage facility.
  • Poorly written correspondence with grammatical errors and misspellings. Phone numbers not associated with the business or institution or are not answered by a live person.
  • Orders for large quantities of merchandise, with a request for priority shipment and delayed billing.

The FBI has urged the business community to report any fraud to the FBI or local authorities as soon as the fraud is discovered, as the chance of recovering the shipments drops dramatically once the packages leave the country.

Ms. Galan wants local small businesses to learn from Chromate’s experience. “There were a number of things, looking back, on the e-mails that we could have picked up on,” she says. Now that Chromate’s employees are savvy to the scam, however, the scam is one step closer to being put out of business.

Malafi Named LIBN Top 50 Women Award

Posted: February 20th, 2015

 Top 50 Women Awardees 2014

MALAFILI top 50

Launched in 2000, the Top 50 Most Influential Women in Business program has recognized the Island’s top women professionals for business acumen, mentoring and community involvement. The program’s honorees are selected by a judging committee and receive a unique crystal memento at the elegant dinner attended by more than 600 of the Island’s top business leaders, and represent the most influential women in business, government and the not-for-profit fields. Third-time recipients of the Top 50 Award are retired to The Hall of Fame and their crystal award reflects this prestigious honor.

 

Christine Malafi
Partner
Campolo, Middleton & McCormick LLP

Christine Malafi is a partner at Campolo, Middleton & McCormick where she is a member of the executive management team in addition to the corporate, litigation and municipal law groups. She was formerly senior corporate counsel to Leviton Manufacturing Co., Inc., where she handled corporate governance, acquisitions, routine and complex transactions, employment issues and other business matters, both nationally and internationally. In January 2004, Malafi was the first woman and youngest person ever to be appointed Suffolk County attorney. During her eight-year tenure, she was the chief legal officer of the county, supervising a legal team of more than 65 attorneys in the Suffolk County department of law.

Prior to her appointment, Malafi was a partner with Lewis Johs Avallone Aviles & Kaufman, LLP. Malafi has taught both undergraduate and law school classes on litigation, legal research and writing at LIU Post and the Touro College Jacob D. Fuchsberg Law Center. She has lectured extensively on municipal issues, insurance coverage issues and claim handling. She was appointed to the New York State pro bono scholars task force and served as a speaker and member of the state task force to expand access to legal services in New York. This year, Malafi was recognized by the Suffolk County Historical Society as the “Women in the Law: Historic Firsts in Suffolk County” honoree. She has been honored by Touro Law Center with the Paul S. Miller “With Liberty and Justice for All” award and the Alumni Association Public Service Award. She is also a past recipient of the EAC Network/Marcie Mazzola Foundation Children’s Advocate of the Year Award. She is a member of the New York State and Suffolk County Bar Associations, and was arbitrator of the Suffolk County District Court, Small Claims Part, from 1995 to 2000. Malafi received a Bachelor of Arts from Dowling College and a Juris Doctor magna cum laude from Touro Law Center, where she served as the managing editor of the Touro Law Review. She is admitted to practice in the states of New York and Connecticut, before the U.S. Court of Appeals for the Second Circuit and the U.S. District Courts for the Eastern and Southern Districts of New York.

Top 50 Women Awardees 2014

 

CMM Voted 2015 Best Law Firm on Long Island

Posted: February 20th, 2015

PRESS RELEASEBethpageBestof_2015

CMM Voted Best Law Firm and Joe Campolo Best Lawyer on Long Island

The Long Island Press has published its annual winners of the “Bethpage Best of Long Island 2015” awards, and we’re honored that Campolo, Middleton & McCormick, LLP has been named the Best Law Firm on Long Island. Additionally, Managing Partner, Joe Campolo, Esq.
was named the 2015 Best Lawyer on Long Island.

The ‘Best of Long Island’ contest is the largest business and professional awards program in the history of Long Island. “It is an honor to be recognized by the Long Island community,” said Joe Campolo, adding that, “the awards are a tribute to our fantastic attorneys and staff who work hard every day servicing our clients.”

Having recently opened another location in Bridgehampton, our firm is committed to serving the Long Island business community. We have an established record of results for our clients, who range from individuals to global companies, and approach each matter with a unique understanding of the issues and the highest level of integrity.

More than 1 million people across Long Island vote each year and this year resulted in the largest participation in the event’s 10-year history. The Best of Long Island contest is conducted each year by the Long Island Press newspaper. The voting for ‘Best of Long Island’ runs from July 1 through August 31st. Voters were allowed to choose ‘Best Of’ in 360 total categories. The top 15-18 nominees advanced to the final voting round, which runs from October through December. CMM will celebrate with fellow “Best Of” awardees at the Official Winner’s Celebration to be held at Oheka Castle on Tuesday, February 24th from 6-9 pm.

April 8: CMM Executive Breakfast “Master the Art of Meaningful Networking”

Posted: February 13th, 2015

April 8, 2015

Featuring Terri Alessi-Miceli of the HIA-LI

Master the Art of Meaningful Networking

Join us as we discuss networking strategies to successfully market yourself and your business.

Time: 8:30 am – 10 am
Location: Clarion Hotel, 3845 Veterans Memorial Highway, Ronkonkoma, NY 11779

Two Immediate Key Changes for Employers: Wage Theft Prevention Act and Minimum Wage Increase

Posted: February 10th, 2015

The turn of the new year brings two significant changes for employers in New York State.

First, the Wage Theft Prevention Act has been modified to reduce a key requirement under New York’s Wage Theft Prevention Act.  Second, New York’s minimum wage has increased to $8.75 per hour.  We address each of these changes below.

New York’s Wage Theft Prevention Act (“WTPA”) is intended to keep employees informed of their rate of pay, overtime rate, allowances, payday, etc.  The most notable requirement was to provide each employee with a notice identifying pay-related items specific to each employee.  Previously, the WTPA required that each employee receive the notice at time of hire and every year before February 1.  After succumbing to pressure from employers and legislators, Governor Cuomo signed into law an amendment to the WTPA abolishing the annual requirement to issue WTPA wage notices.  This change is effective immediately for 2015 and beyond.  As a result of this change, employers are no longer required to provide the WTPA notice every year to every employee.  The WTPA still requires, however, that employers provide WTPA notices to each employee at the time of hire. For additional references and information about the WTPA, please see our previous client advisories, NY Wage Theft Prevention Act, NY Wage Theft Prevention Templates, and NY Wage Theft Prevention Act Notice.

Employers should also be aware that, effective December 31, 2014, the minimum wage for employees in New York increased to $8.75 per hour.  As a result, each employee receiving wages at the prior 2014 rate ($8.00 per hour) is entitled to a wage increase for 2015.  As a result of this change, employers should update their New York Minimum Wage posters that are required to be kept at a conspicuous location to reflect the new higher rate.  The updated New York Department of Labor minimum wage poster can be found here: 2015 New York Minimum Wage Poster. Employers should be aware that another increase is schedule to take effect on December 31, 2015, increasing the minimum wage to $9.00 per hour.

For questions related to the above topics or any other labor and employment concerns, please do not hesitate to contact us.

Malafi quoted in LIBN “Better with Age” article about experienced workers

Posted: February 9th, 2015

li_business_news-photo

Christine-Malafi-9-620x330By Jacqueline Birzon, Long Island Business News

State lawmakers will once again try to prevent older residents from leaving the state, pushing a bill in Albany that would create a tax incentive program to reward small businesses that hire more experienced workers.

Under the terms of the bill, companies with fewer than 100 employees that hire people age 55 or older would receive a tax credit ranging from $5,000 to $25,000 per year per eligible employee. The bill mirrors a similar tax incentive the state offers to businesses that hire individuals with developmental disabilities.

While New York State Human Rights Law protects workers over the age of 18 from age-based discrimination claims, federal statutes protect employees over the age of 40, said John Bauer, office managing shareholder of the Melville office of Littler Mendelson.

The discrepancy between state and federal laws could encourage a reversal in the kinds of age-discrimination lawsuits that are filed against employers, Bauer said, as in most instances older people are “generally” the subject of these claims.

“We already have laws that prohibit discrimination against people in that age group, so from a practical standpoint, I don’t know if there’s a need for it,” Bauer said of the tax credit. “If a company is hiring someone because of a tax credit, are they really hiring that person because they want them, or to get a tax credit?”

According to the legislation, introduced in the state Assembly on Jan. 8, while the rate of unemployment among older workers “is lower than that for their younger counterparts,” persons 55 and older remain unemployed for “longer periods of time” and often encounter “challenges when trying to remain or re-engage in the work force.”

Christine Malafi, partner with Ronkonkoma law firm Campolo, Middleton & McCormick, said that if passed, the bill could help “negate” claims of discrimination as it instructs the employer to consider a person’s age as it relates to the economy of the business.

Malafi, a member of the firm’s labor and employment group, said that coupled with the incentive, an employer could be better positioned to hire someone older than 55, who may ask for a higher starting salary than a potentially younger job candidate.

“It’s a positive step [that would] negate an employer’s thoughts that somebody who is older wouldn’t be as beneficial to my organization,” Malafi said.

New York State Assemblyman Joseph Saladino, R-Massapequa, a multi-sponsor of the bill, said he hopes the bill will be approved in line with the 2015-2016 state budget, and hopes the credits will be applied retroactively to an employer’s state taxes for the 2015 fiscal year.

Businesses, Saladino said, like to “invest” in younger workers, whom they can often pay less than older workers. By promoting the employment of people 55 and older, workers who were displaced by the recession have a better chance of contributing back to their home community and will be less likely to leave.

“We want to do everything possible to keep our businesses from leaving New York State,” Saladino said. “We’re not fully out of the recession yet and the Long Island economic picture now is about how we can create more private-sector jobs. If somebody’s been paying their taxes for decades, we owe them an opportunity instead of just taking away from them.”

http://libn.com/2015/02/02/better-with-age/

Hello

Posted: February 6th, 2015