Notaries are essential in maintaining trust in legal transactions, acting as impartial witnesses to ensure the validity and integrity of various documents. However, notaries can sometimes find themselves in compromising situations where they are unknowingly—or even knowingly—asked to participate in fraudulent activities. It is crucial that notaries not only refuse to participate but also report these attempts to the appropriate authorities. Here’s why reporting such scams is a professional obligation and who notaries should report them to.

The Importance of Reporting a Scam

1. Upholding Public Trust: Notaries serve as trusted gatekeepers in legal processes, and their role is to prevent fraud, not facilitate it. When a notary is asked to be a part of a scam, even if they do not participate, failing to report the incident can jeopardize their credibility and the public’s trust in the notary system as a whole. Reporting suspicious activity maintains the high standards of integrity that are expected of notaries.
2. Protecting the Public: Scams that involve notaries are often aimed at exploiting vulnerable individuals, such as the elderly, immigrants, or those unfamiliar with legal processes. By reporting fraudulent activities, notaries are protecting the public from potential harm, preventing identity theft, financial loss, and other serious consequences.
3. Legal and Professional Responsibility: Notaries are bound by state laws and professional ethics. In many states, notaries are legally required to report fraud. Even in jurisdictions where this is not explicitly stated, ethical guidelines for notaries often include a duty to act in the public’s best interest. Failing to report could lead to legal repercussions or the loss of a notary’s commission.
4. Preventing Escalation: Scammers frequently target notaries because their involvement adds legitimacy to fraudulent transactions. If a notary does not report the attempted scam, the perpetrators may continue to prey on other notaries, potentially succeeding in their fraudulent schemes. Reporting ensures that authorities are aware of ongoing fraud attempts and can take action to stop the scammers before they do more damage.

Who Should Notaries Report Scams To?

Once a notary becomes aware of a scam attempt, it is vital to know where and how to report it. Different types of fraud may require reporting to different authorities.

1. Local Law Enforcement: If the scam involves criminal activity, such as identity theft or forgery, notaries should immediately contact their local police department. Providing detailed information, including the identity of the scammer (if known), documents involved, and any communications, will help law enforcement investigate and potentially stop the fraud.
2. State Notary Commissioning Authority: Every state has an agency responsible for commissioning notaries, often the Secretary of State or a similar body. Notaries should report any attempts to misuse their services directly to their state’s notary commissioning authority. This ensures that the state is aware of fraud trends and can take action, such as revoking commissions of those involved in fraudulent activities or issuing warnings to other notaries.
3. Attorney General’s Office: Many states have consumer protection divisions within their Attorney General’s office that handle fraud and scam cases. If the scam involves larger fraud schemes or patterns of abuse, reporting the incident to the Attorney General’s office may help bring about broader investigations and actions against fraudsters.
4. The National Notary Association (NNA): Notaries can also report scam attempts to professional organizations like the NNA. While the NNA itself does not have enforcement powers, they can provide guidance on how to handle the situation and may be able to alert other notaries in your area to be cautious of similar schemes.
5. The Federal Trade Commission (FTC): For scams involving consumer fraud or identity theft, notaries can report the incident to the Federal Trade Commission. The FTC collects data on fraud and scams nationwide and works to stop fraud through enforcement actions.

What Should You Include in Your Report?

When reporting a scam, it’s essential to provide as much detail as possible. Here’s what you should include:

• Description of the Incident: Outline exactly what happened, including how you were approached, what was requested, and any red flags that indicated it was a scam.
• Details of the Scammer: Provide any available information about the individual or group attempting the fraud. This might include names, addresses, phone numbers, or email addresses.
• Documentation: Include copies of any documents that were involved in the attempted fraud. This might include contracts, identification provided, or any other paperwork.
• Communication Records: If you have any emails, texts, or other correspondence with the scammer, provide these as part of your report.

 Notaries are on the front lines of preventing fraud, and reporting scams is not just about protecting themselves—it’s about protecting the public, preserving the integrity of the notarial system, and stopping criminal activity in its tracks. By reporting suspicious activity to the right authorities, notaries ensure that they are doing their part to keep the legal process safe and trustworthy for everyone.

If you’re a notary and find yourself in a situation that doesn’t feel right, trust your instincts, refuse to participate, and report the incident immediately. Your actions could make all the difference in stopping fraud before it spreads.