$20,000 stolen from me, bank won't help!

[kalanbay]

Riverside,Ca

Recently, I allowed my daughters boyfriend, Mike, to move into my home because he had "nowhere else to go." It was a huge mistake.

I discovered recently that he had been stealing my buisness checks out of my home office and writing them out to himself (forging my signature etc) in amounts ranging from $100-$800 dollars. He would then go to the bank and cash them in. He would also do this multiple times a day.

The bank has his finger prints on the checks, and the bank actually noticed that my signature did not match the signature on the check one time so the bank manager proceeded to "sign off" next to the forged signature OKing the transaction!!! Instead of calling to verify that I had written the check and following the bank protocol! The signature wasn't even my name he had actually signed "Mike" thats how negligent the bank tellers are.

He ended up taking $20,000 out of my bank account before I noticed. Now the bank is saying that I did not notice quickly enough, therefore, they are not considering this to be fraud and they don't owe me anything.

Because the bank does not consider this fraud, the police are unable to press criminal charges.

I am completely floored by the fact that someone can steal $20,000 from my bank account and just get away with it.

My question is: Do I have a case to sue him?

Or to go after the bank since there is clearly evidence that they were negligent (by not calling to verify the checks, following protocol, and signing off on forged signatures) and also by not keeping their promise to protect my money.

 

[CraigFL]

The problem with a lot of business bank accounts is that they don't offer the same protection as personal accounts. Instead of the police, you should talk to your district attorney to see if they can help. You can always and should sue him in civil court if it comes to that.

 

[Rexlan]

Probably would not have written the checks if he had any money ... sue away. Then try to collect it.

 

[TinkerBelleLuvr]

You need to start by filing a police report.

 

[kalanbay]

I filed a police report, the detective assigned to me is a bigger waste of time then the bank. He told me today that "needed counceling" because I was upset.

And his advice to me was to go to the news/newpaper because he couldn't press charges without the banks cooperation.

I have 2 more questions:

What kind of attorney should I seek to help me in this matter?

Next, the bank says I have a 30days from the time I received my statement to notify the bank. I didn't notice the fraudulent charges on the first 30days because it was a small amount. However, the next 30day statement came and I was missing $18,000 and thats when I noticed what was happening. Now the bank is saying that because I didnt notice in the first 30days they are denying my whole claim because it is the same crime being committed by the same person.

I feel that the bank at least owes me for the 30day period that I did notice in time. Is this a correct assumption or is the bank correct in claiming that it was one crime committed over 60days?

 

[Antigone*]

Riverside,Ca

The bank has his finger prints on the checks, and the bank actually noticed that my signature did not match the signature on the check one time so the bank manager proceeded to "sign off" next to the forged signature OKing the transaction!!! Instead of calling to verify that I had written the check and following the bank protocol! The signature wasn't even my name he had actually signed "Mike" thats how negligent the bank tellers are.

Banks don't normally make phone calls on the amount of checks that your daughter's boyfriend was cashing. Can you imagine the number of calls a day the tellers would be making. It just is not realisitic.

He ended up taking $20,000 out of my bank account before I noticed. Now the bank is saying that I did not notice quickly enough, therefore, they are not considering this to be fraud and they don't owe me anything.

In what time frame did you inform your bank about the fraud? That is very important (see UCC 4-406).

I am completely floored by the fact that someone can steal $20,000 from my bank account and just get away with it.

It is really sad to say that I've seen this happen time and time again. You are fortunate that you noticed the fraud within a short amount of time. I have personally seen cases where business owners don't review their statements until they detect a problem, months and in one case even years later. By that time it is way too late and the owness is completely on the business owner.

Or to go after the bank since there is clearly evidence that they were negligent (by not calling to verify the checks, following protocol, and signing off on forged signatures) and also by not keeping their promise to protect my money

I am not going to go as far as to say that the bank was negligent but I will give you this piece of information to use in your NEXT attempt to file a check fraud claim, if you still feel you are correct after requesting a copy of your depository agreement and reading it.


§ 4-406. CUSTOMER'S DUTY TO DISCOVER AND REPORT UNAUTHORIZED SIGNATURE OR ALTERATION.
(a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount, and date of payment.
(b) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of seven years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item.
(c) If a bank sends or makes available a statement of account or items pursuant to subsection (a), the customer must exercise reasonable promptness in examining the statement or the items to determine whether any payment was not authorized because of an alteration of an item or because a purported signature by or on behalf of the customer was not authorized. If, based on the statement or items provided, the customer should reasonably have discovered the unauthorized payment, the customer must promptly notify the bank of the relevant facts. (d) If the bank proves that the customer failed, with respect to an item, to comply with the duties imposed on the customer by subsection (c), the customer is precluded from asserting against the bank: (1) the customer's unauthorized signature or any alteration on the item, if the bank also proves that it suffered a loss by reason of the failure; and
(2) the customer's unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a reasonable period of time, not exceeding 30 days, in which to examine the item or statement of account and notify the bank.
(e) If subsection (d) applies and the customer proves that the bank failed to exercise ordinary care in paying the item and that the failure substantially contributed to loss, the loss is allocated between the customer precluded and the bank asserting the preclusion according to the extent to which the failure of the customer to comply with subsection (c) and the failure of the bank to exercise ordinary care contributed to the loss. If the customer proves that the bank did not pay the item in good faith, the preclusion under subsection (d) does not apply.
(f) Without regard to care or lack of care of either the customer or the bank, a customer who does not within one year after the statement or items are made available to the customer (subsection (a)) discover and report the customer's unauthorized signature on or any alteration on the item is precluded from asserting against the bank the unauthorized signature or alteration. If there is a preclusion under this subsection, the payor bank may not recover for breach of warranty under Section 4-208 with respect to the unauthorized signature or alteration to which the preclusion applies.

take care, ana