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Stolen check card - bank accounts emptied

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Edgar80

Junior Member
What is the name of your state (only U.S. law)? WI

The events I am about to list are accurate to the best of my memory and knowledge. I am only looking for some direction.

A friend and I left a bar at approximately 2:20am, Sunday, March 23rd. We had both consumed alcoholic beverages that evening and were intoxicated. Upon walking out the front door of the establishment, a 4 door car pulled up and the female driver asked if my friend and I needed a ride. We would have just likely either walked back to my friends place or taken a cab. We foolishly accepted and I entered the back seat (behind the driver), my friend sat in the front. There was another female (both african-american, early 20s to early 30s) sitting in the backseat behind the passenger. My friend and I needed to go to an ATM machine to get cash (as we both had none left) for ordering a pizza when we returned to his house. The females urged him and I to withdraw funds so we could "party" with them. We stated we needed to go to an ATM machine to get money. The females drove us to a walk up ATM and I withdrew $40 (at 2:29am), as I needed the cash to get a pizza from Pizza Shuttle. They parked the car and the females accompanied my friend and I as we entered the area to make an ATM withdrawal. At this point, the female(s) likely saw me enter my pin number. The car stopped when it became clear to them we were not interested in what they were "selling" and my friend and I walked back to his place. Shortly before the car stopped to let us out, the female in the backseat touched me, tried to get on top of me, and tried to kiss me. At this point, I think she reached in my coat pocket and took my wallet, along with debit and credit card. My friend and I returned to his apartment. When I realized my wallet and cards were missing, I immediately left his apartment and walked towards the ATM on where we with drew funds thinking the wallet may have fell out of my pocket. I left my cell phone and keys at my friends apartment when I went out at that point.

I got part of the way to that ATM machine on when the females in the same vehicle stopped me and asked if I wanted to go to a party with them. I asked if they had my wallet. They told me I should get in the car and we should go to this party. Again, I foolishly entered the car in the backseat, thinking they had my wallet in the car or knew where it was. They said they would give me my wallet back if I entered the car. I should have taken the license plate info down and called the police immediately at this point, however I did not have my phone as I left it in my friends apartment. The car took me to a drive through ATM. I was sitting in the backseat behind the driver. The females demand I withdraw more money. I could not open the car door and run as there was a wall (with the ATM inside it) blocking me from opening the door. I could not withdraw any funds, as my wallet and cards were missing. The female in the backseat then took my driver's license and wallet out of her purse. I speculate she took this and my wallet as I exited the car the first time. My debit card was used (likely by the females) to make two separate $200 withdrawals at a ATM machine (at 2:43am and 2:44am) shortly after I exited the car the first time. The cards were missing from my wallet when she took it out of her purse and she said she didn't have them. I argued and tried to get my wallet and driver's license back from her but she would not give it to me. I finally was able to get my wallet and ID back after I gave her $10. The car pulled forward and I immediately got out of the car and started running. The next purchase on the check card was made at a Walgreens at 3:28am. By deduction, I believe I was in the car the 2nd time from roughly 3:00am to 3:15am. I am guessing the females in the car were the ones who made the purchases, instead of handing off the cards to someone else to make the purchases.

At this point, I believe the females took my cards to Walgreens and Walmart, and made the multitude of purchases. Once I exited the vehicle and ran, I was locked out of my friends house and had to walk to my brother's apartment 6 miles away. The following morning, I called and cancelled my cards and went to the police after checking my account balance online and seeing the rash of unauthorized purchases.

Those responsible for this were not apprehended. After filing out two seperate police reports (one in the jurisdiction where the wallet was stolen, and the other in the jurisdiction where the Walmart was located and where over $1900 dollars of the total $2600 dollars in unauthorized purchases were made). I also immediately filed a report with my bank.

I was contacted by my bank's security division several days later. They had spoke to the police department and questioned my intent when entering the vehicle with the women in the first place. I had no idea who they were or what they were all about. They pulled up to us outside the bar, we were intoxicated, and asked us if we wanted a ride. I understand it was a very bad idea to enter the vehicle, but I did not intend to purchase anything from them. My bank stated they viewed the camera's tape from the first ATM (where the women followed me to the machine). They stated there was a shot of the woman flashing her breasts to me on the camera. I did not recall this happening. He said this type of thing is a regular occurrance in that area, and it looked clearly as though I was withdrawing money for sex. I angerly stated I would never do this and had no intention of ever doing anything of the sort. He stated they had a make/model on the vehicle, and they may or may not ever find the people. He said that if they did, they would need me to come to the station to possibly identify them, and that I may need to stand trial. He said the evidence looked as though I was going to pay them and it was out of my own negligence that I entered the car. I had just started a new job at that time and could not take the time off work, nor did I ever want to see or deal with these people again. I just wanted to forget this horrible event.

I opted to drop and not to pursue this any further with the two police departments because the likelihood of catching these criminals was small, and once apprehended, it would have likely gone to a jury trial. I did not have the time, nor desire, to ever see or deal with these criminals again. I just wanted to delete this horrible event from my memory.

Here are all details of the illegal purchases -

Bank

2 total fraudulent withdrawals at bank ATM Machine

$200 at 2:43AM and 2:44AM on Sunday, March 23rd, 2008


2:43AM - $200.00

2:44AM - $200.00



Total amount = $400



2) Walgreens


3 total purchases (each purchase receiving cash back) between 3:28AM and 3:40AM on Sunday, March 23rd, 2008



3:28AM - $73.75

3:29AM - $57.10

3:40AM - $90.92



Total amount = $221.77



3) Walmart

6 total purchases between 4:17AM and 4:43AM on Sunday, March 23rd, 2008


4:17AM - $500.46

4:19AM - $320.46

4:36AM - $300.46

4:38AM - $350.46

4:41AM - $175.70

4:43AM - $272.73

Total amount = $1,920.27

I was told by the Walmart store that the purchases ending in .46 were likely money orders. I do not know how this was able to occur.

1) Why did the Walmart computer system not alert the check-out worker to the fact that these rash of purchases were taking place so quickly? In less than a 30 minute period, how could 6 separate purchases be made?

2) How many check-out workers were working at Walmart this hour? I would imagine that there would be very few. In that case, how could someone use my check card repeatedly with likely the same check-out person? And how were they able to use it once the account had already been emptied by them?

3) Was there no Walmart security noting this suspicious activity at this late hour? I have no idea if these thieves left the store and reentered to make these unauthorized purchases. Didn’t anyone at the store pick up on this?


Total amount of fraudulent withdrawals/purchases in jurisdiction #1 (via M&I ATM and Walgreens) = $621.77

Total amount of fraudulent withdrawals/purchases in jurisdiction #2 (at Walmart) = $1,920.27

Overall total amount of fraudulent purchases/withdrawals = $2,542.04

These people clearly knew what they were doing. As I opted not to pursue with the police (and the event took place in March), I am wondering if I should have hired an attorney or what legal grounds I had to stand on. Should I contact Walmart corporate to question them as to how they could allow this to happen? I realize it was wrong to get in the car in the first place and to use my ATM card (to get money for a pizza) in view of them. But should that be a $2,600 lesson?

Thank you.
 
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Antigone*

Senior Member
First of all, let me tell you - this story is a little (just a little :confused:) off the wall. But in any case, did you file a check fraud claim with your bank?
 

Edgar80

Junior Member
Yes, I went to my bank and filled out the stolen check card forms right away after I filed the two police reports.

After my bank's security division spoke with the police, they questioned my intent when withdrawing the funds in the first place in front of the female's at that time. They said this (prostitution) was a fairly common occurrance in that area (which I did not know). He said these women often prey on drunk, college-aged males to do such things to. The man I spoke with then stated I would likely have to testify in front of a judge that I was not soliciting and wasn't negligent when I entered the car in the first place, once the criminals were caught (if they ever were).

The events of the story are true. I understand it is bizarre, but it is the truth. I understand I was at fault for being intoxicated. I understand I was at fault for accepting a ride and then using my ATM card to withdraw funds (to ultimately buy a pizza) in front of the females. I feel what they then did with my cards and money was atrocious.

I am just curious if I could have done anything legally to protect myself and possibly get some or all of my money back. I do not know how they could have done such things at the Walmart (I have a german name and last name, as printed on my cards) and Walgreens unless they knew someone working there.
 

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