Hacked Email, Fake Wire Instructions, Forged Checks: Limiting Business Exposure Before Fraud Hits, UCC Defenses, Agreement Audits, and Security Procedures That Hold

William “Pat” Huttenbach
William “Pat” Huttenbach
Crain, Caton & James, P.C.

William “Pat” Huttenbach is a shareholder at Crain, Caton & James, P.C., where he leads a national banking and fraud litigation practice serving financial institutions across the country. He has successfully defended banks from lawsuits totaling over $250 million, personally answered more than 335 lawsuits involving UCC Articles 3, 4, and 4A, and handled over 2,000 garnishment matters. Pat is frequently retained as an expert witness on UCC fraud, loss allocation, and bank security procedures, and is a sought-after author and presenter on banking and UCC compliance topics.

Loan-Anh Tran Kao
Loan-Anh Tran Kao
Crain, Caton & James, P.C.

Loan-Anh Tran Kao is Of Counsel at Crain, Caton & James, P.C. in Houston, where she advises financial institutions and corporate clients on fraud and technology within the payment system. With nearly thirty years of practice experience, Loan-Anh brings a deep transactional foundation in banking and finance, securities, real estate, and cross-border matters together with a current focus on payment-system fraud risk, response, and prevention.

Live Video-Broadcast: September 21, 2026

2 hour CLE

Tuition: $195.00
Subscribe to Federal Bar Association CLE Pass...
Co-Sponsored by myLawCLE
Get this course, plus over 1,000+ of live webinars.
Learn More
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

 

The Bank Agreement Was Drafted Before BEC Existed

Business email compromise (BEC), which involves fraudulent payment instructions sent from hacked or spoofed email accounts, and forged-endorsement schemes have outpaced the account agreements and security procedure templates most companies are still operating under. When the wire clears, loss allocation is settled not by who acted wrongly but by what the company signed and what its controls document.

The Fourth Circuit’s 2025 Studco decision shut the door on recovering from the bank that received the fraudulent transfer, requiring actual knowledge of the fraud and leaving a company’s own agreements and controls as its only reliable line of defense. And as of June 22, Nacha’s fraud-monitoring rules reach every business originating ACH payments, resetting the ordinary-care baseline for companies of every size. The FBI’s latest IC3 report logged $2.77 billion in BEC losses, second only to investment fraud. Companies relying on pre-BEC boilerplate quietly absorb loss through the § 4A-202(c) waiver trap and undocumented dual-control protocols.

This two-hour program delivers the prevention framework: auditing account and security procedure agreements, closing the § 4A-202(c) gap, drafting hold harmless and indemnification provisions, and mapping internal controls to UCC Articles 3, 4, and 4A defenses, including the Impostor Rule, employer responsibility, the statement-examination defense, and commercial reasonableness. It closes with the BEC first-response protocol that preserves recovery rights when prevention fails. Attendees leave able to tell a client, or their own CFO, exactly where the company’s exposure sits and how to close it before the fraudulent wire clears.

Key topics to be discussed:

  • Fraud Affidavits
    Required elements and common drafting errors in fraud affidavit practice and litigation.
  • Forged Endorsements
    Loss allocation under the UCC for forged endorsements, conversion claims, and remotely created checks.
  • Waiver Trap
    The § 4A-202(c) trap when the corporation declines a more secure security procedure.
  • Hold Harmless
    Hold harmless and indemnification agreements coordinated with account and security procedure agreements.
  • Case Law
    Landmark and recent BEC and wire fraud decisions and emerging circuit court trends.
  • Plaintiff Strategies
    How plaintiff attorneys build cases against corporations and BEC-specific defenses against them.

This course is co-sponsored with myLawCLE.

Date / Time: September 21, 2026

  • 2:30 pm – 4:40 pm Eastern
  • 1:30 pm – 3:40 pm Central
  • 12:00 pm – 2:40 pm Mountain
  • 11:30 am – 1:40 pm Pacific

Closed-captioning available

Speakers

William “Pat” Huttenbach, Shareholder | Crain, Caton & James, P.C.

William “Pat” Huttenbach is a shareholder at Crain, Caton & James, P.C., where he leads a national banking and fraud litigation practice serving financial institutions across the country. He has successfully defended banks from lawsuits totaling over $250 million, personally answered more than 335 lawsuits involving UCC Articles 3, 4, and 4A, and handled over 2,000 garnishment matters. Pat is frequently retained as an expert witness on UCC fraud, loss allocation, and bank security procedures, and is a sought-after author and presenter on banking and UCC compliance topics.

  • Education & Credentials

Pat earned his J.D. magna cum laude from the University of Houston Law Center after attending South Texas College of Law (1993–1994), where he ranked first in his section and won five American Jurisprudence Awards. He holds a B.A. from Rice University. He is licensed in the State of Texas and admitted to practice before the U.S. District Courts for the Southern, Western, Northern, and Eastern Districts of Texas, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States.

  • Recognition & Leadership

Pat is recognized in The Best Lawyers in America for Commercial Litigation (2024–2026), named a Texas Super Lawyer in Banking Law by Thomson Reuters (2020–2025), and selected as a Top Lawyer in Business Law by Houstonian Magazine. He holds Martindale-Hubbell’s AV rating and an AVVO rating of 10. He served as President of the Southwest Association of Bank Counsel (2020–2021) and successfully argued and won the seminal banking decision Compass Bank v. Calleja-Ahedo, 569 S.W.3d 104 (Tex. 2018) before the Texas Supreme Court.

  • Professional Involvement

Pat serves on the State Bar of Texas Business Section’s UCC Comments Committee, is past chair of the Texas Bankers Association Legal Conference, and former board member of the Texas Association of Banking Counsel (2016–2020). He has presented fraud prevention and UCC compliance programs to more than fifty financial institutions and is a recurring speaker for the Southwest Association of Bank Counsel, Texas Bankers Association, Louisiana Bankers Association, and myLawCLE.

  • Experience

Pat’s practice focuses on banking litigation, UCC Articles 3, 4, and 4A disputes, fraud prevention and defense, lender liability, FCRA and FDCPA claims, and Texas Finance Code matters. He routinely advises banks on deposit agreement drafting, security procedure design, and fraud-response strategy, and has represented financial institutions in state and federal courts, mediations, arbitrations, OCC complaints, and EEOC matters. Beyond banking, he handles complex commercial litigation including tortious interference, fidelity and surety coverage, DTPA claims, injunctions, real estate, probate, construction, defamation, and general business disputes.

 

FedBar Logo_FedBarLoan-Anh Tran Kao, Of Counsel | Crain, Caton & James, P.C.

Loan-Anh Tran Kao is Of Counsel at Crain, Caton & James, P.C. in Houston, where she advises financial institutions and corporate clients on fraud and technology within the payment system. With nearly thirty years of practice experience, Loan-Anh brings a deep transactional foundation in banking and finance, securities, real estate, and cross-border matters together with a current focus on payment-system fraud risk, response, and prevention.

  • Education & Credentials

Loan-Anh earned her J.D. from Harvard Law School and her B.A. in Economics, Political Science, and Managerial Studies, summa cum laude, from Rice University. She has been admitted to practice in the State of Texas since 1997.

  • Recognition & Leadership

Loan-Anh has been selected to the Texas Rising Stars list by Thomson Reuters in 2004 and 2006, a peer-recognition designation reserved for a limited number of accomplished attorneys in the state.

  • Professional Involvement

Loan-Anh is a member of the American Bar Association and the State Bar of Texas. In 2026, she co-authored an article on check fraud for the Texas Bankers Association with William “Pat” Huttenbach, contributing to the leading professional dialogue on UCC fraud loss allocation and bank fraud prevention.

  • Experience

Her practice covers fraud and payment-system technology, banking and finance, securities offerings, commercial real estate, and international transactional matters. Loan-Anh advises financial institutions and corporate clients on the contractual structures, regulatory compliance, and risk-allocation provisions that govern fraud response, payment-system transactions, and complex commercial dealings.

Agenda

SESSION 1 – Fraud Fundamentals: Legal Framework, BEC, and First Response | 2:30pm – 3:30pm

Identify fraud typologies and apply UCC Articles 3, 4, and 4A to check, wire, and BEC schemes. Execute the BEC first-response protocol, draft fraud affidavits, and negotiate account agreement provisions that limit corporate exposure.

BREAK | 3:30pm – 3:40pm

SESSION 2 – Defenses, BEC Case Law, and Lessons Learned | 3:40pm – 4:40pm

Apply UCC defenses including the Impostor Rule, employer responsibility, comparative negligence, and statement-examination. Draft commercially reasonable security procedures, close the § 4A-202(c) waiver trap, and map internal controls to UCC defenses against plaintiff strategies.

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
No MCLE Required

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Pending CLE Approval
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

More CLE Webinars
Upcoming CLE Webinars
iPad for Lawyers: The Complete Mobile Practice Toolkit
iPad for Lawyers: The Complete Mobile Practice Toolkit Wed, August 26, 2026
On-Demand
Live Replay
When AI Notetakers Break Privilege in Internal Investigations
When AI Notetakers Break Privilege in Internal Investigations Fri, August 28, 2026
On-Demand
Live Replay
Derivatives, Digital Assets, and AI in Financial Markets
Derivatives, Digital Assets, and AI in Financial Markets Fri, September 11, 2026
Live Webcast