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Court orders removal of website impersonating lawyer

Author
Katie Harris, NZ Herald,
Publish Date
Sat, 23 Jul 2022, 2:02PM
Photo / File
Photo / File

Court orders removal of website impersonating lawyer

Author
Katie Harris, NZ Herald,
Publish Date
Sat, 23 Jul 2022, 2:02PM

A judge has issued a website pretending to be an Auckland lawyer to be taken down.

The decision, by Judge Simon Moore, shows criminal barrister James Olsen recently discovered a site impersonating him and purporting to offer legal services.

The document said it appeared to be a scam designed to deceive people seeking legal support into paying an up-front fee for services that would never be provided.

Also, the site had copied text from another barrister's website, and included information that was not an accurate description of Olsen's career.

Using a free tool online, Olsen learned the page was registered on March 1 this year and was hosted by NameSilo LLC, a registered company in Phoenix, Arizona, the United States.

The lawyer was initially unwilling to contact NameSilo LLC because it would require him to provide evidence of his identity that may be used to support the scam.

After making his original affidavit, Olsen did reach out to NameSilo LLC to remove the website and at their suggestion he submitted an abuse report, but so far there has not been a response.

"However, NameSilo LLC has indicated to Mr Olsen that they would remove the website if served with a United States Court order," the document says.

He also filed a complaint with police who informed him they had contacted the domain host to seek removal of the website, and that the website was probably being operated from Nigeria.

On July 19, Olsen discovered in addition to the website, someone had created a LinkedIn profile in his name, using his photo and holding him out as a self-employed lawyer in Auckland.

The court decision noted that if the website remains online it would put the administration of justice into disrepute as it gives untrue information about an officer of the court.

"With a (likely) view to misleading the public for financial gain."

Facts in an affidavit summarised in the document include that there was no defence to the substantive proceedings but the website was plainly fraudulent.

The sole purpose of the proceedings was to obtain an injunction requiring NameSilo LLC and any other parties necessary, to take down the website.

As well as this, the document says there was urgency involved in the case because Olsen had already received an email that suggested a person has been fooled by the website.

"There is a risk members of the public will be cheated out of money, and that other lawyers, the police or court staff will send sensitive information to the contact address on the website," the document says.

Judge Moore said the website was plainly false, potentially misleading and appeared to have been created for the purpose of perpetrating a fraud on members of the public.

"The police have indicated they believe it has its origins in Nigeria, a jurisdiction which is well known to host false and fraudulent websites designed to scam."

As well as this, he said there was no opposing party and attempts to identify the creator of the website had proved impossible because they are sitting behind an anonymisation service specifically designed to conceal the creator's personal or contact details.

He said Olsen had taken all reasonable steps in an attempt to have the website removed or taken down.

"Without more coercive powers, there is little else he can do."

The judge directed a take-down order of the website to be issued, and accordingly granted Olsen leave to apply for any such further or other orders that he considers necessary to give effect to the above order.

As well as this, he said leave was reserved for any interested party to apply on notice for orders to rescind or vary the take-down order.

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