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They empty our bank, how strong is my case?

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aroundtheworld

Junior Member
State of MI: We are taking a trip around the world. But husband conducts business online whenever needed. His email got hacked.
Crook/s successfully instructed the bank to send out 3 wire transfers. One from our personal account, 2 from our corp. line of credit. My question is: Do we have a good case if we sue the bank for reimbursement?
Detail info:
1. Crook/s deleted all emails between him/her and the bank, but I emailed google and they were able to retrieve most if not all the deleted email. I have those printed and put away in a safe place.
2. I received an email (to my personal email account) sent by the crook/s using my husband's account. The IP address says USA. We have been in a different country, 10,000 miles away for about 6 months. (If the court accepts IP as a proof of getting hacked then I got it) His email account says that it was signed in from 3 different places: Nigeria, USA and from the country we are currently living/visiting.
3. First email from the crook goes like this: Hi X, thanks for helping. Can you still help me with wire transfer? Bank answered: 'Yes, I can. Just send me your detail instruction'. No evidence of asking a single security question to verify the identity of the crook/s. We have NEVER done wire transfer with this bank. As a matter of fact we have only been with this bank for about 2 years.
4. Bank sent out all our account info to the crook: acct #s and balances upon crooks request. Email went like this, " Please get back to me with my balances"
5. I was hoping that the bank would at least check IP address before they sent 3 wire transfer but they never did.
6. Upon request they sent us copies of some email conversation between them and the crook/s but not all. I am not worried because I have got most of them if not all from google team.
7. We have never done any wire transfer with this bank. When husband wanted to write a check to someone he always confirmed on the phone. We moved from one country to another therefore we didn't leave a phone # with the bank. But we called them when needed.
8. The crook/s email them from his/her Iphone. We always email them from a computer. The bank didn't happen to think that if one can email from the phone he/she is very likely to be able to call.
9. First wire transfer crook/s sent them the wrong routing # that didn't make the bank suspect.
10. Crook/s style of writing is very different from my husband's style but the bank didn't notice that.
11. There was a great sense of urgency in every email from the crook/s but bank didn't notice that either. All emails are very short 2-3 lines at the most.
12. Crook/s emailed the bank ever hour urging them to speed up wire transfer before the cut-off time. The name of the beneficiaries for wire transfers are all totally unknown to us.
13. Bank recovered $13,500. they put that back into line of credit account.
14. Our line of credit is empty but bank really never loaned it to us but to the crook/s. Is that a fair argument?
15. Even though crook/s hacked husband's email but they didn't get any personal info e.g account #, ss # or mother's, DOB or mother's maiden name. There's no evidence that they had to prove who they were because the bank never care to ask and yet when they (bank) email my husband after we informed them that we never authorize the wire transfers they asked my husband to response to her email with his last 4 digits SS #. They could have asked to call, because we never put our SS # on email EVER.
Please tell me if I have a good case against the bank because they have indicated that they won't reimburse us.
Thank you so much for reading.
 


swalsh411

Senior Member
A lawsuit against your bank is about 10 steps ahead of where you should be. So you're saying the bank has not completed it's investigation? Give them a chance to do so. In what way have they "indicated" they will not reimburse you? It's appears as though it is entirely their fault.

edit: Whatever you do, do not threaten to sue them if they don't hurry up or resolve the matter to your satisfaction. Many banks have internal policies that say if a customer threatens to sue, the representative is to immediately stop talking to you. Then the entire matter is forwarded to legal and at that point they will only communicate (in writing) with the customer's attorney.
 
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tranquility

Senior Member
Certainly, the cases seem to show it is less bad for the personal account than for the corporate accounts. How much less really depends on all the facts. That you routinely use the accounts over the internet, or even just use them, shows you must have signed some agreement(s) regarding the protection of your accounts and the like. I suspect the agreement will not be viewed in your favor. The only real thing you can do is to get an attorney and allow him to review and advise. Banks are not just going to take the loss unless they absolutely have to so it is quite possible this will lead to litigation.
 

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