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Wire Transfer Fraud and Legal Liability: Understanding UCC Article 4A and emerging fraud trends and tactics

Wire transfer fraud lands on someone, master how UCC Article 4A allocates liability between banks and accountholders, evaluate security procedures, and litigate or defend fraud claims with current case law.

2026-06-29 14:00:00

Program Details

2026-06-29 14:00:00

Program Details

2026-06-29 14:00:00

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Course Overview

Who Bears the Loss When the Wire Goes Wrong

2026-06-29 14:00:00

When a fraudulent wire transfer clears, the loss does not vanish, it lands on either the bank or the accountholder, and UCC Article 4A decides which. Courts are resolving these disputes against a backdrop of escalating fraud volume, evolving fraudster tactics, and insurers reassessing whether these transactions are even covered. Any attorney advising financial institutions or commercial accountholders is already exposed to this allocation question, often working from deposit agreements and security-procedure assumptions that recent case law has overtaken. This program maps the Article 4A framework governing sender and bank liability, the commercially reasonable security-procedure requirements an institution must meet to shift loss, and the defenses and remedies available to each party—then turns to current fraud statistics, emerging tactics, loss-reduction strategies, and the landmark cases now shaping outcomes. Attendees will leave able to assess liability exposure, evaluate whether a security procedure holds, and litigate or defend wire-fraud claims with a current doctrinal map.

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Article 4A scope
Covers the scope and requirements of UCC Article 4A in funds transfers.
02
Party responsibilities
Defines rights and responsibilities of the sender and financial institution.
03
Security procedures
Examines security procedure requirements and how risk is allocated.
04
Defenses remedies
Reviews defenses and remedies available to each party in disputes.
05
Fraud statistics
Presents statistics on bank fraud and emerging fraud trends.
06
Landmark cases
Reviews recent and landmark cases involving bank fraud.

Program schedule

clock 2:00 pm - 3:00 pm EST

Understanding UCC Article 4A: Risk Allocation and Remedies in Funds Transfers

This session addresses how Article 4A assigns liability between sender and financial institution, security procedure requirements, the allocation of risk, and the defenses and remedies available to each party in funds transfer disputes.

Shelli ClarkstonShelli Clarkston
William HuttenbachWilliam Huttenbach
clock 3:10 pm - 4:10 pm EST

Bank Fraud Today: Trends, Tactics, and Legal Responses

This session presents statistics on bank fraud, emerging fraudster trends and tactics, concrete strategies to reduce fraud losses, and a review of recent and landmark cases shaping legal responses to fraud.

Shelli ClarkstonShelli Clarkston
William HuttenbachWilliam Huttenbach
Shelli Clarkston

Shelli Clarkston

Spencer Fane LLP

William Huttenbach

William Huttenbach

Crain, Caton & James, P.C.

Shelli Clarkston

Shelli Clarkston

Spencer Fane LLP

Shelli J. Clarkston is Of Counsel at Spencer Fane LLP in the firm’s Kansas City office, where she focuses her practice on regulatory compliance, corporate governance, and strategic transactions for clients in the financial services, FinTech, and technology sectors. Her work combines deep knowledge of the evolving regulatory environment with practical experience advising banks, credit unions, lenders, and technology companies on structuring compliant, forward-looking business operations. In the financial institutions and FinTech space, she counsels clients on licensing, lending, payments, and consumer protection laws, including the Bank Holding Company Act, the Gramm-Leach-Bliley Act, the Truth in Lending Act, the Equal Credit Opportunity Act, and state-specific lending frameworks. She regularly assists fintech companies with bank partnerships, compliance management systems, and vendor management obligations to align with FDIC, OCC, NCUA, CFPB, and state regulator expectations. Her multidisciplinary approach allows her to serve as a strategic advisor to clients addressing complex regulatory, transactional, and technology-driven issues, helping them innovate and grow while minimizing legal and compliance risk.

Education & Credentials

Shelli earned both her LLM and her J.D. from the University of Missouri – Kansas City School of Law in 2012. She received her M.A. from Doane University in 2009 and her B.S. from the University of Nebraska – Lincoln in 2005. She is admitted to practice in Kansas and Missouri, and before the U.S. District Court for the District of Kansas.

Recognition & Leadership

Shelli was recognized by Missouri Lawyers Media with a Women's Justice Award in Innovation & Technology in 2026. She and Sherry Dreisewerd were named 2026 Women's Justice Award honorees.

Professional Involvement

Shelli is an active author and presenter on banking, fraud, privacy, and technology topics. Her presentations include "AI-Powered M&A: Transforming Dealmaking in Banking and Fintech" (Spencer Fane Webinar, January 2026); "Regulatory Turbulence in Washington, D.C.: Recapping a Year of Disruption and How to Best Position your Organization for 2026" (Spencer Fane Webinar, December 2025); "Drafting Equity Pledge Agreements in Partnerships and LLCs: Strategies to Maximize Lender Protection" (myLawCLE Webinar, October 2025); "Cyberattacks and Incident Response – Preparation and Response" (Cornerstone League, December 2024); "Acronym Soup: CCPA 2023 Year in Review" (West LegalEdcenter Webinar, December 2024); "The High Importance of High Valuation" (American Bankers Association Conference for Community Bankers, February 2024); and "Combating Electronic Fraud" (Missouri Independent Banker Association 46th Annual Convention & Expo, September 2023). Her publications include "Facing Wire Transfer Fraud Losses? Steps to Ensure Your Bank Has Coverage" (Show-Me Banker Magazine, January 2025); "A Growing Fraud Scheme Your Financial Institution Should be Aware of, and How to Protect Against Losses" (In Touch Magazine, November 2024); "Whoa: My Business is a 'Financial Institution?'" (Ingram's Magazine, October 2023); "Legal Eagle Spotlight: AI In Lending Decisioning and Unintended Discrimination" (Show-Me Banker Magazine, October 2023); "General Counsel Strategies for Community Banks" (Independent Banker Magazine, May 2023); and "Banks concerned about employees' use of WhatsApp have options" (American Banker, September 2022). She was also quoted in "CFPB Unlikely to Transfer Enforcement Actions to DOJ" (Inside Mortgage Finance, January 2026).

Experience

Shelli's corporate practice includes entity formation, governance, and shareholder arrangements, as well as advising on mergers, acquisitions, and strategic investments, which she manages from due diligence through negotiation and closing, addressing issues such as data security, technology licensing, and regulatory approval processes. She advises clients on privacy and cybersecurity compliance, including GLBA, GDPR, and CCPA requirements as well as NIST and CISA cybersecurity frameworks, and her work includes drafting and negotiating data processing agreements, incident response plans, and information security provisions in vendor contracts. She frequently assists clients with cross-border data transfer issues, AI decisioning compliance, and cloud services contracting. In the technology sector, she drafts and negotiates agreements involving software licensing, open-source components, SaaS platforms, and emerging technologies, ensuring clients remain compliant with both commercial and regulatory requirements.
William Huttenbach

William 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.

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.
Shelli Clarkston

Shelli Clarkston

Spencer Fane LLP

Shelli J. Clarkston is Of Counsel at Spencer Fane LLP in the firm’s Kansas City office, where she focuses her practice on regulatory compliance, corporate governance, and strategic transactions for clients in the financial services, FinTech, and technology sectors. Her work combines deep knowledge of the evolving regulatory environment with practical experience advising banks, credit unions, lenders, and technology companies on structuring compliant, forward-looking business operations. In the financial institutions and FinTech space, she counsels clients on licensing, lending, payments, and consumer protection laws, including the Bank Holding Company Act, the Gramm-Leach-Bliley Act, the Truth in Lending Act, the Equal Credit Opportunity Act, and state-specific lending frameworks. She regularly assists fintech companies with bank partnerships, compliance management systems, and vendor management obligations to align with FDIC, OCC, NCUA, CFPB, and state regulator expectations. Her multidisciplinary approach allows her to serve as a strategic advisor to clients addressing complex regulatory, transactional, and technology-driven issues, helping them innovate and grow while minimizing legal and compliance risk.

Education & Credentials

Shelli earned both her LLM and her J.D. from the University of Missouri – Kansas City School of Law in 2012. She received her M.A. from Doane University in 2009 and her B.S. from the University of Nebraska – Lincoln in 2005. She is admitted to practice in Kansas and Missouri, and before the U.S. District Court for the District of Kansas.

Recognition & Leadership

Shelli was recognized by Missouri Lawyers Media with a Women's Justice Award in Innovation & Technology in 2026. She and Sherry Dreisewerd were named 2026 Women's Justice Award honorees.

Professional Involvement

Shelli is an active author and presenter on banking, fraud, privacy, and technology topics. Her presentations include "AI-Powered M&A: Transforming Dealmaking in Banking and Fintech" (Spencer Fane Webinar, January 2026); "Regulatory Turbulence in Washington, D.C.: Recapping a Year of Disruption and How to Best Position your Organization for 2026" (Spencer Fane Webinar, December 2025); "Drafting Equity Pledge Agreements in Partnerships and LLCs: Strategies to Maximize Lender Protection" (myLawCLE Webinar, October 2025); "Cyberattacks and Incident Response – Preparation and Response" (Cornerstone League, December 2024); "Acronym Soup: CCPA 2023 Year in Review" (West LegalEdcenter Webinar, December 2024); "The High Importance of High Valuation" (American Bankers Association Conference for Community Bankers, February 2024); and "Combating Electronic Fraud" (Missouri Independent Banker Association 46th Annual Convention & Expo, September 2023). Her publications include "Facing Wire Transfer Fraud Losses? Steps to Ensure Your Bank Has Coverage" (Show-Me Banker Magazine, January 2025); "A Growing Fraud Scheme Your Financial Institution Should be Aware of, and How to Protect Against Losses" (In Touch Magazine, November 2024); "Whoa: My Business is a 'Financial Institution?'" (Ingram's Magazine, October 2023); "Legal Eagle Spotlight: AI In Lending Decisioning and Unintended Discrimination" (Show-Me Banker Magazine, October 2023); "General Counsel Strategies for Community Banks" (Independent Banker Magazine, May 2023); and "Banks concerned about employees' use of WhatsApp have options" (American Banker, September 2022). She was also quoted in "CFPB Unlikely to Transfer Enforcement Actions to DOJ" (Inside Mortgage Finance, January 2026).

Experience

Shelli's corporate practice includes entity formation, governance, and shareholder arrangements, as well as advising on mergers, acquisitions, and strategic investments, which she manages from due diligence through negotiation and closing, addressing issues such as data security, technology licensing, and regulatory approval processes. She advises clients on privacy and cybersecurity compliance, including GLBA, GDPR, and CCPA requirements as well as NIST and CISA cybersecurity frameworks, and her work includes drafting and negotiating data processing agreements, incident response plans, and information security provisions in vendor contracts. She frequently assists clients with cross-border data transfer issues, AI decisioning compliance, and cloud services contracting. In the technology sector, she drafts and negotiates agreements involving software licensing, open-source components, SaaS platforms, and emerging technologies, ensuring clients remain compliant with both commercial and regulatory requirements.
William Huttenbach

William 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.

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.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.5
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.0
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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