The fake lawyer scam and banking institutions

Jurimetrics and civil liability in State Courts (2023–2025)

Abstract

This study analyzes bank civil liability concerning the "fake lawyer scam," a fraud operated via social engineering. The research is based on a jurimetric study structured in two stages: a volumetric analysis of 693 appellate decisions (2023–2025) and an analytical sample of 154 trial and appellate rulings. Data reveals a 136.9% growth in litigation, concentrated in the courts of São Paulo, Bahia, and Paraíba. It was found that the Judiciary favors financial institutions in 51.9% of cases under the thesis of the victim's exclusive fault. However, bank convictions succeed when security failures in the service are proven, notably deficiencies in Know Your Customer (KYC) procedures for account opening and the authorization of financial transactions with atypical profiles. The study concludes by warning about the need to improve anti-fraud controls and pointing out the emerging trend of concurrent fault and the diversification of defendants with the inclusion of telecommunications operators.