Suit Or Just Poor Banking?

[Merlin]

I was recently scammed on the internet with a fraudulent cashiers check. I deposited the check into my account and after five days called the bank to verify the funds were good and the check cleared. My bank indicated "check was good and funds are available". A few days later I receive a telephone call from a family member wanting to know if I was aware of the criminal charges being brought against me because of my fraudulent criminal activity. I had recently had changed my telephone number and guess the bank wasn't at the top of my list for notifying of the change. When I finally determined what he was talking about I learned the bank president (which is not even the president of the bank i deposited the funds into but is the president of another branch of the same bank) called my family member and made several accusations as to my criminal activity and details about this transaction from which he learned about in the banks board meeting. . I immediately called the bank and learned not only were they (for some unknown reason) convinced I made up this check and deposited them into the bank and then withdrew with the intent to defraud but they contacted law enforcement and I should "be ready to be picked up". I contacted the police and within a matter of 30 minutes, providing emails and telephone records had the question of whether I was a victim or a suspect was cleared up. What gives this bank the right to discuss any issue about my account with anyone? What gives them the right or keeps them from being responsible for their comments to law enforcement with zero basis. Police even stated if it was up to the bank I would have already been in prison?.

[Taron]

Under federal banking law, banks must publish a funds availablity policy that indicates the LONGEST that each type of deposit will be held before making the funds available to the customer for withdrawal. Furthermore, the hold specified in that policy cannot be any longer than the time periods specified by a regulation issued by the Federal Reserve. The Federal Reserve set those times in its Regulation CC. It may well be the case that some checks will not clear before the funds are made available to the customer. That does NOT mean the check is "good." It simply means that the bank isn't sitting on the check anymore and will make the funds available, but if the check later is returned as no good, the bank will reverse the credit for the check that it gave you, and if that means the balance goes below zero, you'll have to come up with funds to pay the bank. Unfortunately, many customers misundertand the way this works and believe that if the funds are available it also means the check was good. It doesn't. But a lot scams rely on that misunderstanding and get people to cash out bad checks, give the scammers the money, and then leave the bank customer holding the bag when that bad check comes back.

SDillow: I immediately called the bank and learned not only were they (for some unknown reason) convinced I made up this check and deposited them into the bank and then withdrew with the intent to defraud but they contacted law enforcement and I should "be ready to be picked up".

The bank suspected you were in on the scam because YOU deposited the bad check with the bank. That's not unreasonable for the bank to think, given what it knew of the facts.

SDillow:What gives them the right or keeps them from being responsible for their comments to law enforcement with zero basis. Police even stated if it was up to the bank I would have already been in prison?

The bank is allowed to report its suspicision to the bank. The bank doesn't have to be right. The facts, from their pespective, would suggest you were guilty. The whole reason we have trials is to sort out the evidence and determine if the accused is guilty of the charges. The law doesn't require that the accuser or the state be 100% right before proceeding against you. So long as the bank didn't lie, there is nothing wrong with what the bank did here.

You made the mistake of dealing with a scam. That makes you partly responsible for the outcome here. Many internet scams are readily detectable if you know what to look for. I urge everyone to educate themselves on the signs of a scam so they don't fall victim to them. The most obvious ones are those deals that seem just too good to be true. Anything that seems too good to be true probably is, yet everyday there are folks whose greed overcomes their common sense when it comes to this and they fall prey to these scams.

[Braedon]

After I was informed of the using a member of the family even though talking to the financial institution official I suggested I'd maintain towards the lender soon afterwards to fulfill a sum or part of the resources I withdrew just before discovering the check was deceptive. The financial institution official explained that there is no requirement for arriving because it was "charged-off" and that I can easily cope with law enforcement. Therefore yes, some of the resources have now been repaid. I'll merely provide the rest towards the authorities plus they can forward it onto the financial institution. I also didn?t very understand that many all-business dealings that happen on the web were scams. I waited to get a amount of times after producing the deposit and particularly requested the lender teller to guarantee the resources were great just before me removing something any amount., once they access it the telephone before you, hang-up and state "check is great and resources can be found" who the silly one? With no I do not have any injuries or was I seeking to acquire something out of this apart from creating a distinct and particular stage that talking about an individuals consideration and economic info towards the wrong individual might lead to severe issues. Why have privacy regulations? Why read and indication websites of solitude notices when starting a merchant account? I don?t need cash? With no it?s no ego problem. I favor to check out it as producing somebody responsible for their activities. I?m undoubtedly made responsible!~!

[Ari]

That is clearly a truly common scam.<br />
You obviously have to create great about the check.<br />
Ideally you did not european nation money off to whoever directed you this check.<br />
As time goes on, be truly careful on these specific things folks deliver or e-mail you.  I can not also start to let you know the amount of emails I obtain regular from folks from Nigeria which are allegedly on the death-bed, and need to deliver me an incredible number of dollars.  Or, somebody died, plus they should delivered me two cages full of money.  <br />
Should you choose a research, you'll find out about each one of these scams.  Evidently, they still capture several people.<br />
Best of luck!<br />
 

[tripp]

thank you for your help....  im sorry if I came across wrong.  i have had it with this and yes I got scammed and simply feel like an idiot for falling for it.  The bank didnt help matters  

[reuben29]

Its not as much as law enforcement to repair it-- you consider great resources towards the lender and deposit same. <br />
The financial institution was obligate by legislation to say the funds were accessible after say 5 times or regardless of the principle is--subsequently lender probably did not discover until about  10 nights later that the funds were no-good --I Will guess another area of the fraud is you settled someone else with great resources??  the individual at lender did nothing wrong to inform you funds were accessible --that is exactly what the guidelines state!<br />
But when someone in the bank named relatives and buddies with allegations of legal conduct and conversations of one's banking issues then I believe its completely sensible that you simply increase sacred  heck about this particular individuals conduct.(And election together with your toes to-go elsewhere to lender)  And That I'd increase heck concerning the bank official who explained to go towards the authorities as well.<br />
 

[Minyomei]

" What provides this lender the best to go over any problem about my bill with anybody?" the truth that they thought a crime have been dedicated. They'd every to record it towards the authorities. Why anybody buys right into a stranger delivering them a money purchase I've never recognized however the fauly this is actually the individual who cheated you and also you for slipping for this - not the bank.

[colemann]

You need to do understand you have to create great on that badcheck would you not--there's no problem about this. Perhaps you have created the check great?  take action should you haven't.<br />
Today a huge quantity of the inspections handed down a long way away banks via web are most likely cons and also to depend on such inspections is most likely top class stupid.  The inspections "function" due to distinction in needs to create resources accessible and real check cleaning times.  but merely being silly enough to move a check which seems legitimate doesn't proof prison intention.<br />
Today the utterance to others  of the state you broke regulations, involved in legal action etc if its not the case is just a issue of libel  or slander.  However The useful issue is apart from your pride, some moderate time for you to form it out plus some moderate intrafamily shame  how were your financially broken? <br />
Today personally, I believe the official in the additional department, if he/she did  complete the allegations of legal conduct to others like your household members while you publish  is method within the point. Today only mouthful  in regards to a badcheck might be informative and never libel or slander.  I merely have no idea what regulations or rules affect any privacy problems on bank issues --however in truth you will find significantly less regulations that need solitude or discretion than you believe. <br />
I will reveal this: some time back I'd a discussion having a lender official over some problems regarding my dead moms consideration (lender was dead-wrong) --anyway about  2 hours later I obtain a phone from the buddy --seems the financial institution official after I quit, endured about in a public region producing plenty of remarks about me and my moms account --many people overheard the discussions, including my buddy who had been only client who happened to wander in.     I double-checked several problems after which named the boss of stated  lender. I've no idea exactly what the boss did about this, but I actually do understand I never noticed that official for the reason that department again!<br />
 

[Kay]

"I also didn?t very understand that many all-business dealings that happen on the web were scams." That's not the case. Those that are cons would be the types that noise too-good to become accurate. Just like a complete stranger requiring one to cash a check or money purchase and spending one to do so.