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FEATURE

3 important things Notaries need to know about AI fraud

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This article is part of our series focused on Notaries and how they can navigate the age of Artificial Intelligence.

Notary fraud is no joke. You should not shrug off the possibility that a signer may try to deceive you to pull off document- or financial-related crimes. The consequences can be staggering for both customers and Notaries.

What makes things more complicated is that the growing use of Artificial Intelligence means that criminals today have even more sophisticated tools to deceive Notaries and the public.

Here are 3 essential facts Notaries need to know about synthetic identity and document crimes committed today and the best ways to prevent them.

1. Never take Notary fraud lightly. The consequences can be life-threatening.

You might think you have nothing to worry about. You might think “I only notarize documents for my boss and co-workers at my office. What’s the chance of anything going wrong?” Others might think, “It doesn’t matter if I bend or skip a few rules when notarizing for friends or family — notarizing for them isn’t a big deal.”

This is a dangerous attitude because that’s precisely what criminals want you to think. Relaxing your standards can have dire consequences not only for you, but your customers as well. Victims of Notary fraud in real-life cases have not only lost their finances — some have lost their lives:

In 1998, New York socialite Irene Silverman disappeared. After her disappearance, a mother and son duo, Sante and Kenneth Kimes, made appointments with two Notaries. Sante Kimes posed as Silverman and tried to have fraudulent documents notarized to give her and her son ownership of Silverman’s property. One Notary was suspicious of Sante Kimes’ appearance and lack of proper ID and refused to participate, but another notarized blank affidavits for the couple. Sante and Kenneth Kimes were later arrested, convicted of murdering Silverman to steal her property, and sent to prison.

In 2004, a retired couple, Thomas and Jackie Hawks, disappeared from Southern California after arranging the sale of their yacht to a former child actor, Skylar Deleon. Deleon and a local Notary claimed they had met with the couple to sign and notarize the documents, and Thomas and Jackie had left after accepting payment. However, the Notary later admitted that she had never met the couple, and agreed to Deleon’s demand to notarize falsified documents. Police learned that Deleon and two accomplices lured the couple out on the yacht during negotiations and drowned them, then used the forged documents to take possession of the yacht. Deleon is currently incarcerated on death row.

In 2008, David Replogle and a group of co-conspirators murdered Palm Springs resident Cliff Lambert to steal and resell his home and assets. According to police, Replogle appeared before a Notary posing as Lambert, leaving a thumbprint in the Notary’s journal. Replogle later tried unsuccessfully to steal the journal, which led police to arrest him and his accomplices.

2. AI technology is making Notary crime harder to spot.

To add to the challenges Notaries face, Artificial Intelligence (AI) technology is making it more difficult to detect identity fraud. As discussed in our previous article on AI-generated fraud, AI can not only be used to steal a victim’s sensitive personal information. It can also create false “deepfake” images and voices to help criminals pose as other people.

The Federal Trade Commission has proposed rules to prohibit the use of AI to generate images, video and text to harm consumers through impersonation. “Fraudsters are using AI tools to impersonate individuals with eerie precision and at a much wider scale. With voice cloning and other AI-driven scams on the rise, protecting Americans from impersonator fraud is more critical than ever,” Federal Trade Commission Chair Lina M. Khan said in February.

“As the use of AI grows, lawmakers are concerned about its use for fraud. They are getting really nervous,” NNA President Tom Heymann said last year in his keynote speech at the 2023 NNA Conference in Scottsdale, Arizona. “What artificial intelligence is capable of now is almost like magic.”

3. The simplest way to fight Notary fraud: Always follow the rules — no exceptions.

The murder and fraud cases, combined with the growing threat of AI-assisted fraud, can seem pretty scary for the average Notary on the street. But it’s important to know that every Notary has a simple, highly effective defense against any kind of notarization fraud: Just follow the rules for proper notarization every time. Require the signer’s personal appearance, be sure to properly identify every signer, and record the details of each notarization carefully in your journal of notarial acts.

In each of the real-life cases, the actions of Notaries played a crucial part. The culprits in the Silverman murder would not have been able to attempt the fraudulent theft of Silverman’s home without the aid of a Notary willing to notarize blank documents improperly. In the Deleon case, the perpetrator would not have been able to create the forged yacht sale documents without the Notary’s agreement to notarize the forged signatures without the victims present. The suspects in the Lambert killing were caught thanks in part to the signature and thumbprint left in the Notary’s journal entry.

What about sophisticated fake images and IDs created by AI? Again, while most Notaries aren’t technology experts, they have something electronic security doesn’t have: Common sense and judgment. While AI may be able to perfectly copy a signer’s voice over a phone or video transmission, that still won’t work for getting past a traditional pen-and-paper notarization as long as the Notary correctly insists on the signer appearing physically in person. Creating a fake electronic persona might fool a Notary for an online notarization — but a would-be criminal may reconsider if they know the Notary is required to keep an audiovisual recording and a journal record of each online act.

So while Notary fraud may seem daunting in today’s high-tech world, don’t be intimidated — just stick to doing your job the right way. If something seems strange, it’s always better to contact your state Notary office or the NNA Hotline to ask questions to ensure everything is aboveboard before proceeding. And if something seems suspicious, don’t be afraid to say “No.”

David Thun is the Editorial Manager at the National Notary Association.


Related Articles:

Notaries are more important than ever amid the rise of Artificial Intelligence.


44 Comments

Add your comment

Marie E Racine

12 Jun 2024

Yes indeed 👍 This is very good to call in about anything 🧐 Great Points 😁 Thanks 🙏

Barbara Holland

24 Jun 2024

The notary industry (NNA and other organizations with clout) should be pushing states to always update the photos on IDs instead of using 20 year old pictures.

Lee Dike

24 Jun 2024

I became an RON in my state when it first became possible in 2020. I was very enthusiastic about it, however the more I did, the more uncomfortable I became with them. I don't do them anymore!

EJ Howard Jr

24 Jun 2024

Its hard to imagine what might motivate someone to put their future on the line for perhaps a few dollars. Selfishness has always been at the forefront of misdeeds. Notaries just need to stay in their lane. Its just not worth it to stray and put so much at risk. Thank you for the post and reminders.

Kj

24 Jun 2024

Isn’t it dangerous to just say “no” to certain potential criminals? Couldn’t a Notary be threatened?

Maelene Belo Ring

24 Jun 2024

I wonder if there’s an app we can use against AI fraud, an app that can detect that the image and voice is cloned and AI generated.

Christopher Pater

24 Jun 2024

Very good information, thank you.

Phil

24 Jun 2024

This sent chills down my spine! I know fraud is out there as most notaries aren’t following the laws! It’s unfortunate that things could have been prevented by just saying no especially when they knew what was wrong!

Dean Eason-Williams

24 Jun 2024

Using tools like Notary Gadget to scan the back of the DL or ID helps verify that the front matches the back. I wish passports were able to be scanned the same way.

Elaine F Hernandez

24 Jun 2024

With all this in mind, will the use of electronic signings now be reversed? Thankfully California is not part of this, however my understanding is one day it can be making it difficult for mobile notaries.

d sundquist

24 Jun 2024

After reading the article I determined that in the future I will require clients to remove the DL from their wallet so I can physically hold it and make sure it has all the anti-fraud features.

Kenneth James Friedlander

24 Jun 2024

be careful with whom you notarize...keep good records...protect your goods...about 25 years ago, a tenant of mine forged my signature and carefully reproduced stamp imprint from a notary I performed, to a grant deed from a lady in a coma (forged her signature on the deed). Upon recording, it transferred her property to the tenant and it was used as a bail bond for a criminal to bail out on a murder rap. Got an interesting call one day from a DA about this. My E/O bailed my butt, after about a year of legal hassle. Be aware!

Susan Mano

24 Jun 2024

AI Fraud article--would you be available to speak virtually on October 26, 2024 for NALS of Pennsylvania...the association for legal professionals fall education conference. The theme is fraud. Let me know. Thanks Susan President for NALS of PA.

National Notary Association

27 Jun 2024

Hello. Thank you for your message. We've forwarded your request to our Vice President of Communications and someone should be in touch with you soon.

Roberta

24 Jun 2024

This is very good sound advice. Just follow the rules and have common sense. If it doesn't feel right, question it.

Cathy Wong

24 Jun 2024

Great points. In person notarizations is more secure at deterring fraud than online notarizations. As a result, I believe the need for pen and paper notarizations will surge again, after RON is around for a bit more. This realization will strengthen as AI fraud increases.

Monica A.

24 Jun 2024

With the use of AI, fraud will be on the rise! I'm in CA and RON was passed in 2023 but until the California SOS completes its technology project this new law won't be in effect until January 1, 2030, or later. Even so, the criminal mind is always steps ahead & that's why, I'll always be in favor of personal appearance. Again, all due to technology to get things done quickly, we are left vulnerable to fraudulence and the ever-growing advancement of the future.

Ellen Michaels

24 Jun 2024

Excellent article. I’m an old school notary, and the best way to hopefully prevent fraud is to notarize the documents in person.

John Kenneth Collier

24 Jun 2024

Got to be on guard 24/7

Boni

24 Jun 2024

Well said

Veronica M

26 Jun 2024

Very good information. Thank you!

Heather

26 Jun 2024

I know there are so many comments on how in person and online is better over the other. They both have their place. I am a RON and there can be fraudulent notaries in either one. With RON there is a video recording that helps the Notary prove they did their job properly. The step requiring them to pass the KBA questions knowledge based assessment. They are timed and have to answer questions about, property, addresses etc. I understand the AI deep fake ect but nothing is full proof. Talking with the signer asking non confrontational questions, making sure the ID and the signer match. Knowing the safety features of state id. Online notaries can ask for 2nd forms of ID, there are times I request utility bills with the property address and their name, insurance ID card,vehicle registration and insurance tax documents. Any signer that gets upset and irate with you safe guarding their identity should raise red flags. In person Notary can be fraudulent as well at least with RON they are recorded with in person that Notary its the notaries word. We as Notaries just need to make sure we use everything we have available in our tool boxes and not be bullied by signer,title companies and for sure not the signing services.

Steven D Ransom

27 Jun 2024

Every identification document should be carefully examined for evidence of fraud since it is possible that any document signer could be an impostor presenting phony IDs. While there is no foolproof method to detect them many fraudulent identification documents can be easily spotted through attention to detail, common sense, and awareness of common telltale discrepancies. Notaries should review Chapter 18 Detecting Fraudulent Identification, The How-to Guide for Notaries, and Notary Best Practices Chapter 10 Identifying Document Signers.

Cher Davison

27 Jun 2024

Really appreciate NNA for these timely notices. Following the rules of in person signings, proper identification and complete journal entries with (hopefully) thumbprint and seals assure the veracity of the notarization. As guardians of legal documents we always need to be thorough and honest in notarizing.

Gina Vermell Driskell

01 Jul 2024

Absolutely appreciate the information on RON vs. in person signings. I have refused in person signings for lack of proper identification, incomplete documentation or something outside of a regular notorial act requested by the signer. My state (IL) has specific rules for RON, your information has helped me to remain cautious before taking part in the RON process. Thank you.

Jennifer Lynne Auther

02 Jul 2024

Thanks for this article. AI is upon us, but keeping my work face-to-face eliminates all my AI concerns.

Bazz

03 Jul 2024

Chilling and sad!

Faisa Belem

16 Jul 2024

Thanks you for this powerful information and the reminder.

Jerrell

16 Jul 2024

Ditto to all above! Crazy sick society. Our job is a measure of trust that we can’t allow ourselves to be infiltrated Due diligence and care is a must.

Sharon

16 Jul 2024

I would like to see article on how to spot AI usage with online notarizations. We currently have to rely on the technology systems that the signers go through in order to on board for the notarization. How reliable are these tech companies? Can they identify AI?

Sandi Hughes

16 Jul 2024

Definitely! By the book all the time.

Thelma Parks

16 Jul 2024

Thanks for the important information.Very important glad I took the time to read. Sorry for the family of the victims and family.

khadijah Guy EdD

16 Jul 2024

I thought there might be potential for this type of crime with the emergence of AI and face recognition. Wow! Ok really have to pay close attention to details.

khadijah Guy EdD

16 Jul 2024

Really need to keep this in mind. Especially with the RON services. This AI is really going to test our expertise.

Lanieda Briggs

17 Jul 2024

This is fascinating content. Thank you!

Julianne Pellicci

17 Jul 2024

What should a Notary do if they feel their life is in danger. Has that ever been addresses?

National Notary Association

18 Jul 2024

Hello. Please see this article for discussion of that issue: https://www.nationalnotary.org/notary-bulletin/blog/2015/03/notary-nightmare-signer-with-gun

Tiffany Moncrease

27 Jul 2024

Thank you for this content.

Brittany Yeates

09 Aug 2024

I am curious how easily it would be for someone to forge a notary, like use your signature and stamp. I work for higher education and we require a specific document to be notarized, but see cases where it doesn't make sense how they could have gotten it notarized. They have to mail us the original document after getting it notarized and it appears like someone is maybe making their own stamp and just using information they find on the internet...

Julie Salvato

02 Sep 2024

Brittany Yates... I found out how easy it is to get a hold of a notaries' stamp. Once you have the stamp the signature is irrelevant. I've been in several mail & ship places that offer notary services. EVERY ONE of them I found that the employees have access to the notaries' stamp at any time of the day. I've never seen so much carelessness. SMH.... What do we do???

dlplslol01@icloud.com

05 Sep 2024

Hello! I’ve been a notary and with NNA for many years. Checking to see if I am able to write or guest blog 5 articles?

National Notary Association

06 Sep 2024

Hello. If you'd like to submit a proposal for a guest column in the National Notary Bulletin, please email your contact information, article ideas, and any writing samples of your work to publications@nationalnotary.org.

sharon harris

03 Oct 2024

very good information

Karen Louise Farley

08 Oct 2024

CA..going to be interesting when CA will soon have DMV ID's to upload to their smartphone. Going to be a problem for the NP when they have to see the physical ID

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