Fraud- Please Help Me!

Parent Cafe
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<p>The bank has no responsibility. They made the money available to you by the published terms of their Funds Availability Policy which you got a copy of when you opened your account. Every bank states that the funds are made available pending the check actually clearing. </p>

<p>It takes anywhere from a few days to a week+ for the check to actually be processed through the Federal Reserve system. Only then does the bank know the check is legit or not. </p>

<p>The only way around this would be for banks not to make any money available until the check actually clears. People won’t put up with that. </p>

<p>I have never seen a bank take any less than 100% of what is owed to them in these cases. As far as the bank knows the OP could be in on the scam. I know that is not what happened here, but that variation has occurred. </p>

<p>Unless the scammer is VERY stupid the waybills and video will be of no use in catching them. I wish I was wrong, but experience tells me otherwise. I feel bad for the OP, but people need to educate themselves. This is a very well known scam and has been covered in numerous media outlets.</p>

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<p>This is a very very common scam. The significance is, many others have gotten themselves in the same situation as you, so there is plenty of precedent out there. Do some more research. Most people are accustomed to treating a cashier’s check like cash. But when a forgery is discovered (usually a week after you deposit the check) then you, and you alone are on the hook for the full amount. A forged cashier’s check is just that: a forgery. The “issuing bank” has no more responsibility for the forged check than the US Treasury does for forged currency. </p>

<p>I have been involved in the classic car hobby for a long time and nearly every person that tries to sell a classic car gets an offer from a buyer (usually overseas) willing to pay by cashiers check but in an amount exceeding the sales price by $500. The seller is supposed to deposit the cashier’s check and forward the $500 to the so-called “shipping company.” (Sounds reasonable, doesn’t it?). The scammers have no interest in the car, they just collect the extra cash.</p>

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<p>BurghStudent - You got victimized by a version of a Nigerian scam. Unfortunately, if there is video or photos of the suspect, it may be of limited help because the scammers know there are cameras on the premises and they usually wear hats and dark glasses. By all means, report this to the credit bureau and place a fraud alert. Change or close your bank account and open a new account that is not linked to your old one. Be vigilant and check your statements. Scammers are also proficient in social engineering - they’re skilled in obtaining your personal information through seemingly legitimate conversation.</p>

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<p>I guess my main question is, if I can provide the evidence will my bank’s investigation crew pursue it? And if they have the lead, will they still come after me for the money? I just cannot see if they have the evidence and information and the police is on it as well, how can they still ask me for the money?</p>

<p>Also, shouldn’t the teller at least see if it is a real check by looking for the water mark? That what its there for. I thought they do that for large amounts.</p>

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<p>Burgh, it is possible that the bank may help you out and you should definitely talk to them about it & file a fraud report with them. However, they are not required to – the problem that gives rise to your loss isn’t that you <em>deposited</em> a bad check, its that you withdrew funds or wrote your own check against that when you sent the money out. You did this because you were the victim of a scam… but it still comes down to the fact that YOU initiated the transaction that you now cannot cover because the check was bad.</p>

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<p>OP - please listen. You can give your evidence to the bank, but that will not get you off the hook. All the bank will do is make sure the authorities have it and they will poke around a bit. They will not spend major time on this since it would cost them more that you owe and there is virtually a zero chance of success. </p>

<p>A teller cannot validate a check. Most of these checks are on stolen check stock anyway so you cannot tell by looking. The reason that these scams work is that they are for small amounts - too small for the authorities to spend much time on. </p>

<p>The sooner you stop blaming everyone else the better off you will be. This is very unfortunate, but it is your responsibility legally. This is a very well publicized scam and got taken and will have to pay the money back.</p>

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<p>Yes, they may help you. But they are not required to help you. Yes, it would have been helpful if the bank had recognized the bad check immediately, but they didn’t. No, that doesn’t put them on the hook for the money. Although not knowingly, YOU took cash from your bank based on a bad check you submitted to the bank. You are responsible to the bank to make it good. Tough thing about responsibility. If problems arise the one responsible is the one responsible. Someone fooled you, and naturally you would like to get that money back. Someone fooled your bank, and they’d like to get their money back. But it was you that fooled the bank(unknowingly), and they want their money back from you.</p>

<p>Just because you didn’t deliberately defraud your bank- you only accidentally defrauded them- doesn’t let you off the hook. If someone accidentally runs a stop sign and hits another car- it wasn’t intentional, but they still must pay damages to the owner of the other car.</p>

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<p>OP, I feel for you, perhaps this story from This American Life will make you feel better. It’s about a group of people who scam the scammers. (Hanging out in Chad.) [This</a> American Life](<a href=“http://www.thislife.org/Radio_Episode.aspx?sched=1260]This”>http://www.thislife.org/Radio_Episode.aspx?sched=1260)</p>

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<p>OP- you might pick up a habit of listening to clark howard on the radio or on clarkhoward.com; he is ‘square’ and old fashioned, but has mentioned this scam numerous times. There is even one guy who was ARRESTED by BofA for depositing the bad check to his account!! </p>

<p>It does seem ridiculous that these checks take 2-6 weeks to clear and prove to be fraudulent.</p>

<p>It is possible, esp with a smaller bank that they may open a new account for you and allow you to make payments, but yes, every one is right, you are on the hook for the money and if you don’t have another bank account, you will struggle to open a new one until that debt is paid :(</p>

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<p>I know that I am probably over-reacting, but I wouldn’t help out ANYONE, especially someone I didn’t know, with any banking transaction!</p>

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<p>I agree with ellemen. I don’t understand why anyone would fall for these sort of scams. I can’t imagine any legitimate reason why someone would ask me to do what the OP was asked to do or why I would agree to it. Maybe I just have a suspicious nature.</p>

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<p>Suspicious nature here also.</p>

<p>This old saying is good to live by - If it sounds to good to be true, it probably is.</p>

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<p>But we were all young once…long, long ago for me.</p>

<p>OP may have to chalk this up as one of life’s expensive lessons. But if it makes him more wary and saves him from losing hundreds of thousands of dollars later in life by avoiding a scam, it would have been worth it.</p>

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<p>It is not just the young that fall for these things. I read in a magazine about seniors who are told that they “won” a prize and if they send some money for " handling" the prize will be sent to them. Well I am sure that you guessed that there is no prize, and that any fee sent is the scam.</p>

<p>Other things to beware of: calls that say your order for such and such has been delayed, and we need to confirm your credit card…; Stock deals whether by erroneous fax, email or phone call; the worst I have seen is a letter that says that your relatives overseas have died and left you money (your long lost nonexistent relative that is), and a “lawyer” will help you get it…</p>

<p>I once got a call at work about some alleged swiss investments, and I got a call back # in switzerland, which I gave to the FBI, since I knew it was not legit. I think they probably could not do much, but at least I figure that that phone # would be closed quickly.</p>

<p>Sorry to the OP, but you are not alone. Now you will have a hefty dose of skepticism, and perhaps you will be saved from some worse thing later because you will be on your guard. Best of luck.</p>

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<p>My Dad actually fell for the Nigeria scam and lost a few thousand pounds (he was English). I was completely amazed as he was a very intelligent man (in the genius being close to madness kind of way I’m afraid) and he was an accountant. I didn’t know about it until after he died. It may have been during one of his manic phases. Or I often wondered if he thought it was legit because we had actually lived in Nigeria for several years so he thought that is how they had his name.</p>

<p>I am definitely of the “if it seems too good to be true” mind set maysix quoted.</p>

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<p>Update, I recieved this email and I am guessing this is also a scam. What should I do with this, it refers to the guy who scammed me?</p>

<p>Good day [Burgh Student],
We are sorry to have intruded into your privacy but this is to your own advantage. A very dangerous and long wanted Fraudsters was arrested and brought to our custody. He claimed to be a citizen of foreign countries but actually a Nigerian. He impersonates with different names, identity and even gender (sometimes pretending to be a male and sometimes female) One of the name he identify himself with is KENNETH COLE but his actual name is KILOME. Some other people who we assume to be part of his gang are being investigated. After several investigations, we found your e-mail address (email) and think you could be a victim that fell for his (ONLINE INTERNET SCAM). Mr. Kilome sends out fake cheque in the name of paying you for service to be rendered</p>

<p>He was caught in the act of claiming funds from another victim before our enforcement agencies busted into him. Will like you to get back with your full information to compare with the ones we had from him. We assure you that your funds will be refunded to you as soon as we confirm that you are true. Below is a brief information on what the EFCC (Economic and Financial Crime Control) is all about.</p>

<p>INTRODUCTION
The preponderance of economic and financial crimes like Advance Fee Fraud (419), Money Laundering, etc has had severe negative consequences on Nigeria , including decreased Foreign Direct Investments in the country and tainting of Nigeria 's national image. The menace of these crimes and the recognition of the magnitude and gravity of the situation led to the establishment of the Economic and Financial Crimes Commission (EFCC). The legal instrument backing the Commission is the attached EFCC (Establishment) Act 2002 and the Commission has high-Level support from the Presidency, the Legislature and key security and law enforcement agencies in Nigeria .
Have you been Scammed /defrauded?</p>

<p>The most common way of accepting cases by EFCC is through a petition written by an individual or organization. The petition will be evaluated and if the case falls within the purview of the commission’s mandate, it will be accepted for investigation and possibly prosecution. Petitions that do not fall within the purview of the commission are sent to the appropriate agency, be it the Nigeria Police Force, Securities and Exchange Commission (SEC), Independent Corrupt Practices and other related offenses Commission, Central Bank of Nigeria (CBN), etc. Members of the public can also send complaints electronically to the commission email address: <a href="mailto:efcc.fraud@gmx.com">efcc.fraud@gmx.com</a></p>

<p>We hope you are clear with our activities and will be waiting for your swift response. Do get back if you are true and please honesty is needed here.</p>

<p>NOTE: We have huge amount of funds that was recovered from the fraudster and will only release it to the appropriate scam victim…Do not try to Impersonate, as you will be caught and dealt with.</p>

<p>Warmest Regards,
EFCC Executive Chairman,
Chief Mrs. Farida Mzamber Waziri (AIG rtd.)</p>

<p>OUR OFFICE: Legal Unit 1 Ibrahim Taiwo Road Aso Rock Villa PMB 166 FCT Abuja .
E-MAIL ADDRESS: <a href="mailto:efcc.fraud@gmx.com">efcc.fraud@gmx.com</a></p>

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<p>You can forward that to the authorities here, and the bank, but don’t respond. It is pretty obviously yet another scam.
One word of comfort to the OP: You are not a criminal; you are a victim of crime. Unfortunately, however, sometimes the victim of a crime has to bear the brunt of the crime. If somebody picks your pocket, there is nobody who is going to give you back the money if the thief isn’t caught. The same is true here–you may be “on the hook” for the money, but that doesn’t mean that you are dishonest or that you have done anything wrong–it’s just that the burden of this particular misfortune falls on you.</p>

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<p>BurghStudent:</p>

<p>You are GUESSING this is a scam? You’re kidding right? This is the same people that took your money the first time coming back at you for more. That is how they got your e-Mail address and refer to you by name. They know that you were gullible the first time and now they want more.</p>

<p>Other than the obvious, another tip-off should be the return e-Mail address of gmx.com. gmx.com is a free e-Mail service. Why would a legitimate agency use a free e-Mail service?</p>

<p>Legitimate companies (especially government agencies) NEVER contact you by e-Mail. Ignore e-Mail and you will be much better off.</p>

<p>What was the resolution with your bank?</p>

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<p>Rule of thumb, no legit institution will ever send you an e-mail asking for personal or financial details of any kind whatsoever. If you do receive such an e-mail it’s basically 100% guaranteed to be scam.</p>

<p>Despite our heavy reliance on it, e-mail is generally an extremely insecure form of communication and it’s extremely easy for someone to ‘spoof’ an e-mail (send you an official e-mail making it look like it came from somewhere it didn’t). As such, it’s never used for sensitive personal or financial information.</p>

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<p>This is another scam.</p>

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<p>[419</a> Scam; Money recovery scams](<a href=“http://www.joewein.de/sw/419-money-recovery-scams.htm]419”>419 Scam – Money recovery scams)</p>