For Forwarders

Freight Fraud: Fictitious Pickups and Double Brokering

September 17, 20269 min read
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Freight Fraud: Fictitious Pickups and Double Brokering

Frequently Asked Questions

What is the difference between a fictitious pickup and double brokering?+

A fictitious pickup is outright theft: someone impersonates the carrier that was actually booked, using a fabricated or stolen MC number, DOT number or insurance certificate, collects the freight, and never delivers it. Double brokering is different in kind: a carrier or broker re-brokers a load to someone else without the authorization of the original broker or shipper, typically to take a margin, without necessarily intending to steal the cargo outright. The two are often connected in practice, because a load that has been re-brokered without authorization is much easier to divert to a fictitious pickup, since the original party has lost visibility into who is actually handling it.

Can a freight broker be held liable for choosing a fraudulent carrier?+

Yes, and this changed nationwide on 14 May 2026. Before that date, some federal circuits held that the Federal Aviation Administration Authorization Act shielded brokers from state-law claims over their choice of carrier. The Supreme Court resolved a circuit split in Montgomery v. Caribe Transport II, LLC, holding unanimously that such claims are not preempted because a broker's carrier selection falls within the statute's safety exception. One of the earlier decisions that had gone the other way, Aspen American Insurance Co. v. Landstar Ranger, was itself a fictitious pickup case, so the exact scenario this article covers is now squarely open to a negligent-selection claim in every circuit.

How can a forwarder verify a carrier is legitimate before dispatch?+

Check the carrier's MC and DOT authority directly on FMCSA's public SAFER system rather than trusting a link or document the carrier supplied, and treat very recently granted or reinstated authority as a flag worth a second look. Call the insurer directly to confirm a certificate of insurance rather than accepting a PDF, since a forged COI is trivial to produce. Cross-check the phone number used to book the load against the number on file in SAFER, since a mismatch is one of the most common signs of impersonation. Keep direct contact between shipper, forwarder and carrier rather than routing everything through a single intermediary, and treat an unusually attractive rate or urgent deadline as a reason to slow down rather than speed up.

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