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Fraud & White Collar

Payroll Diversion Fraud

The email looked like it came from an employee, the request was routine, and payroll updated the direct deposit details. Then the employee asked why their pay never arrived.

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01 GUIDE

Payroll Diversion Fraud: what usually happens

How the scheme usually works

Payroll diversion fraud is a form of business email compromise. Someone impersonates an employee, sometimes using a lookalike email address or a hacked account, and asks HR or payroll to change bank information. In other cases, attackers gain access to an employee self-service portal and make the change directly. The diverted pay is often moved quickly out of the receiving account, so the first hours after discovery are important. Fraudsters often time the request just before a pay cycle so that the change takes effect before anyone notices.

Responding when pay has been diverted

Contact your bank and payroll provider right away to request a reversal or recall of the payment, and report the fraud to law enforcement and the FBI's Internet Crime Complaint Center. Secure affected email accounts and portals, reset credentials, and review whether other employees' data was accessed or changed. Keep the fraudulent emails in their original form, along with logs and records of the change. Wage-payment laws generally still require the employee to be paid on time, and the loss usually cannot be taken out of later pay, so arrange that pay without waiting for recovery.

Questions that follow the incident

We look at whether a data breach notification obligation is triggered, whether the employer's crime or cyber insurance covers social engineering losses, and what notice the insurer requires. We also review internal procedures, such as verifying bank changes through a known phone number, and whether a vendor or payroll provider shares responsibility. If an employee is suspected of involvement, we discuss how to investigate without overstepping. The aim is to address the immediate loss and reduce the chance that the same weakness is exploited again.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

Washington, D.C.

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(855) 529-7557

Los Angeles

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(424) 561-7557

Attorney Advertising. This page is general information about payroll diversion fraud and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.