Bank Account Check Fraud

[blondie84]

I have currently been a victim of a scam. Check fraud to be exact, where you think your employed for someone they send you a cashiers check and you do a money transfer for them. Well I never thought it was a scam and it all seemed to be legit. That was until I couldn't use my atm card at the store. I went to the bank and they told me to wait and they would look into my account. Well about 15 to 20 minutes later the lady talked to me about the account. She said that the cashiers check that was issued in my name was a fraudulent check. I was devastated. She asked me what I had done with the funds and I had told her that I had already transferred the money the way the man told me to so the money was gone. I had explained that I had all the proof at home about the money and about the job. So she told me that I needed to get that information to the bank asap. She had told me that the account was now negative $3400.00. I would now be responsible for the amount to be paid back to the bank. They were not going to involve the police and that if I wanted to I would have to file a report with them. Well I went and filed a report with the police and they basically told me there was nothing that I could do about it. That catching the person would be like finding a needle in a haystack.
Well on top of all of this they put the account into limited status and my husband paycheck went into that account before we could have a chance to stop it. So we have absolutely no money at all not even a penny to our name and two little kids that have no diapers or formula. He only gets paid every two weeks and things are going to be shut off because of the no money and no way to get his paycheck out. They told me I would have to set up a payment arrangement to pay them back each month and they could either reject that amount or accept it. We tried to get them to lift the limited status so that way his work could reverse the funds and cut him a check and they refused to do it. Is there anything at all that I can do to get his paycheck out so that way we have something to live off of? For being a victim of someones scam I sure feel like the culprit because the bank makes me feel that way...

If you knew it might be fraudulent you can be charged with an offense yourself and a few people are charged in this situation. By law the depositor normally is responsible--but you could try threatening to sue them in small claims or other court--you can in some cases argue that they made a separate agreement with you when they said the funds were cleared and the check was okay...you relied on this agreement made between you and the bank employee...our lawyers can also often assist in negotiating a solution if need be. See also -- WORLDLawDirect - Counterfeit cashier's check scams