Counterfeit Casheirs Check cashed

[Davehoff]

Connecticut

I think I was suckered by an overseas money transfer scam. I was sent a cashiers check from Washington Mutual.
Being skeptical I drove to a Washington Mutual bank branch ( I am a noncustomer of this bank ) 2 days ago and they verified and cashed the check I then wired the money overseas .
Still being skeptical I saw a photo on the internet of a fake Washington Mutual cashiers check it looked exactly like the one I cashed.

I have heard that UCC prevents the bank from charging back the amount.

Could I still be charged in anyway by the bank to collect the money even though they should have known it was counterfeit?

[Veronica1228]

Originally Posted by Davehoff

Connecticut

I think I was suckered by an overseas money transfer scam. I was sent a cashiers check from Washington Mutual.
Being skeptical I drove to a Washington Mutual bank branch ( I am a noncustomer of this bank ) 2 days ago and they verified and cashed the check I then wired the money overseas .
Still being skeptical I saw a photo on the internet of a fake Washington Mutual cashiers check it looked exactly like the one I cashed.

I have heard that UCC prevents the bank from charging back the amount.

Could I still be charged in anyway by the bank to collect the money even though they should have known it was counterfeit?

I don't know who told you that UCC prevents the bank from charging you for this check because that is incorrect. The bank CAN and WILL come after you for the money. YOU are responsible for the check because you are the Holder In Due Course. As for the statement that "they should have known," this is also incorrect.

The Cashier's Check you had probably said on the face of it, "payable through Washington Mutual." What this means is that the check is actually drawn off on account elsewhere, but it was made to look like it was issued by Washington Mutual. WM would not know that the check was fraudulent until it went through the Federal Reserve and was processed.

Once again, yes, you are responsible for this check.

[pojo2]

I have to ask because it is truly beyond my comprehension, why would ANYONE fall for such a scam?

[Davehoff]

Pojo I know what I did was stupid and I will learn a lesson from it. But I did not post this thread to be criticized.

Almost every antiscam site tells you to either call the the issuing bank or go to the bank branch to verify that the check is good.

Obviously there is no guarantee that even a cashiers check is good even if the issuing bank says it is.

By the way Veronica the check does not have payable to Washington Mutual it has their name and logo all over it.

[Happy Trails]

Yes, sorry to say it Davehoff, but this is a scam.

Go to the search option in this forum and type in "Nigeria". There have been others that have been here and they fell for a similar scam.

There are some links in the other threads that can give you advice on how to report etc....

But you are on the hook for the money as Veronica mentioned.

[Veronica1228]

Originally Posted by Davehoff

Pojo I know what I did was stupid and I will learn a lesson from it. But I did not post this thread to be criticized.

Almost every antiscam site tells you to either call the the issuing bank or go to the bank branch to verify that the check is good.

Obviously there is no guarantee that even a cashiers check is good even if the issuing bank says it is.

By the way Veronica the check does not have payable to Washington Mutual it has their name and logo all over it.

I didn't say payable to, I said payable through. Many banks use an outside vendor for their Cashier's Checks which is why that is normally printed in small print somewhere on the check. Of course it's going to have WM's logo on it because they are the issuer of the instrument.

This still does not negate your liability.

[Davehoff]

Thank you Veronica of course now I am really upset. another quick question how long do you think it will be before I hear from the bank? I cashed it on 9/2. I need time to find a real job to pay off my new debt.

[Veronica1228]

Originally Posted by Davehoff

Thank you Veronica of course now I am really upset. another quick question how long do you think it will be before I hear from the bank? I cashed it on 9/2. I need time to find a real job to pay off my new debt.

I have no idea how long it will take. How did you find out about the check return in the first place? Usually they would have notified you about the check being returned and asking for repayment at the same time. What was the amount of the check?

[Davehoff]

The check was for $2800 I Cashed it on 9/2 and I have not heard from the bank yet. The bank only took my drivers license number only. I am not 100% sure the check was counterfeit however I have a very strong suspicion that it was. I also called the bank all they said I could do was wait. Don't you think the tellers should be trained to check out there own cashiers checks before cashing them?

[Veronica1228]

Originally Posted by Davehoff

The check was for $2800 I Cashed it on 9/2 and I have not heard from the bank yet. The bank only took my drivers license number only. I am not 100% sure the check was counterfeit however I have a very strong suspicion that it was. I also called the bank all they said I could do was wait. Don't you think the tellers should be trained to check out there own cashiers checks before cashing them?

So, it hasn't even been returned yet? It is hard to say when it will be if this check is indeed counterfeit. Tellers do sometimes check, but even then it is difficult to know if the check in question is good or not until it is actually processed.

No matter how many times or ways you ask, the bank is not liable for this check.

[johnguerin]

Originally Posted by pojo2

I have to ask because it is truly beyond my comprehension, why would ANYONE fall for such a scam?

GREED

Greed on both parties.

many people post items For Sale, like cars and they get emails from someone who wants the car, but is out of the country at the moment, but they have an "agent" who will take care of the shipping and they are willing to pay your Full Asking Price...but, they have a client who owes them some money and the CLIENT will send you a Cashiers Check for the Full Amount PLUS some additional money and could you please cash the check and then give their "Agent" both the item and the cash that their Client owes them?

I know people who recognize this as a scam RIGHT OFF, yet they think they can somehow fool these guys and deposit the check and turn the tables on them and make some money.

I know only one guy who has "won" at this and all he has "won" is a collection of FAKE Cashiers Checks that he frames and hangs on the wall.
He does not use his real mailing address or phone, so the scammers have no idea where he lives.

Anyone else that either falls for this, or thinks they can turn the tables and make some EZ cash is just Greedy and basically you get what you deserve.

[Who's Liable?]

Google Nigerian Scam...

[Davehoff]

I have since consulted with a lawyer and was told. If the issuing bank in which I went to cash the check did not follow proper procedure in verifing the cashiers check before cashing it that I have a very solid defense in my favor if the bank decides to press charges to recover the funds.

There where no other safeguards that I could have taken to insure that this check was good.

[Veronica1228]

Originally Posted by Davehoff

I have since consulted with a lawyer and was told. If the issuing bank in which I went to cash the check did not follow proper procedure in verifing the cashiers check before cashing it that I have a very solid defense in my favor if the bank decides to press charges to recover the funds.

There where no other safeguards that I could have taken to insure that this check was good.

Please post back and let us know what happens. I'm curious and please report your follow up honestly. A lawyer may have told you this, but it's possible that they just want to collect a fee. The reason that I am doubtful is that no Fed Regs were violated and there are no laws that mandate that a bank must follow any kind of procedure in verifying checks prior to processing. I just don't see how it could be a "solid defense." However, anything is possible.

[jiddu79]

I just received and deposit a Washington mutual check similar to the one Dave received. Now I am being asked to wire some money back, which I will not do and never intended to do. My question is have I already done myself some financial, legal or any other harm by depositing the check into my account? What are the ramifications for simply depositing the check? It has not cleared yet but I anticipate that it will.

Should I take the check and the total amount for the check in cash to Washington mutual and tell them I believe the check is a fraud?

Can I be hurt, financially, by my bank, Washington Mutual, or the criminals sending the checks? Even if all I did was deposited the counterfeit check?

What is s the best way to go about catching these crooks? Can I do anything now while the deal is still in progress to help catch these guys?