California
My minor daughter’s bank account was recently put under restricted access after being placed on fraud alert due to a fraudulent check that she tried to deposit. The bank did not ever make the funds available, and no attempt to use the funds were made. After being alerted to what happened, my wife and I had a discussion with her where she confessed to having received threatening emails with every specific and personal information about the family with threats of harm if she didn’t deposit said check and purchase gift cards to send back. Was told not to tell anyone, otherwise they would find out. Unfortunately she believed this, based on the level of information they shared. Also unfortunate, she deleted most of the emails (as was instructed to do by perp), and all of the messages threatening bodily harm. Only existing email contains a picture of the check she was to deposit and the unknown email address associated with it. Where it gets tricky is that my daughter made attempts to get the check cleared when she realized that it hadn’t posted. She signed a statement at the bank stating that the check was received for money owed by this unknown individual. As it stands, the bank has in its possession a written statement from my daughter attempting to explain a fraudulent check. Therefore, one would argue that while this incident involves 'victim consent', it was done so illegally and under duress. Unfortunately we can't provide any proof of threats of physical violence as this happened 5-6 weeks ago and google trash permanently deletes after 30 days. Too bad the bank never notified the financially liable party on the account (her mother) that anything was amiss when we COULD have retrieved the trash.
In order to 'open the account', the bank requires a written statement from us/daughter as to exactly what happened before they will open the account back up. A factual written account would include recognition that my daughter physically visited the bank and submitted a false written statement of the origin and purpose of the fraudulent check. My concern is that this written ‘letter of explanation’ to the bank could open us to greater liability (criminal or financial), and without supporting evidence to show that she was being threatened with violence...it seems that we could open ourselves to significant liability. Uncertain of next steps. Simply attempt to close the account? Inquire with the bank to determine what actions they plan to take? A carefully worded explanation? No prior issues with said daughter, and we have been reputable members of said bank for 20+ years. Guidance appreciated.
My minor daughter’s bank account was recently put under restricted access after being placed on fraud alert due to a fraudulent check that she tried to deposit. The bank did not ever make the funds available, and no attempt to use the funds were made. After being alerted to what happened, my wife and I had a discussion with her where she confessed to having received threatening emails with every specific and personal information about the family with threats of harm if she didn’t deposit said check and purchase gift cards to send back. Was told not to tell anyone, otherwise they would find out. Unfortunately she believed this, based on the level of information they shared. Also unfortunate, she deleted most of the emails (as was instructed to do by perp), and all of the messages threatening bodily harm. Only existing email contains a picture of the check she was to deposit and the unknown email address associated with it. Where it gets tricky is that my daughter made attempts to get the check cleared when she realized that it hadn’t posted. She signed a statement at the bank stating that the check was received for money owed by this unknown individual. As it stands, the bank has in its possession a written statement from my daughter attempting to explain a fraudulent check. Therefore, one would argue that while this incident involves 'victim consent', it was done so illegally and under duress. Unfortunately we can't provide any proof of threats of physical violence as this happened 5-6 weeks ago and google trash permanently deletes after 30 days. Too bad the bank never notified the financially liable party on the account (her mother) that anything was amiss when we COULD have retrieved the trash.
In order to 'open the account', the bank requires a written statement from us/daughter as to exactly what happened before they will open the account back up. A factual written account would include recognition that my daughter physically visited the bank and submitted a false written statement of the origin and purpose of the fraudulent check. My concern is that this written ‘letter of explanation’ to the bank could open us to greater liability (criminal or financial), and without supporting evidence to show that she was being threatened with violence...it seems that we could open ourselves to significant liability. Uncertain of next steps. Simply attempt to close the account? Inquire with the bank to determine what actions they plan to take? A carefully worded explanation? No prior issues with said daughter, and we have been reputable members of said bank for 20+ years. Guidance appreciated.
