Hello,

I am new to this forum and am quite certain I am the dumbest guy in the room as you will see shortly from my question. My question pertains to fraud and an extended family member. I would greatly appreciate any advice. You guys are the best folks I know to ask.

My wife recently wrote several checks on the same day (6-25-16) to extended family members as gifts for high school graduations. Concerned that the kids didn’t get their cards and checks in the mail, we have been watching to see if the checks cleared. While doing so we came across something that has alarmed us.

All of the checks have cleared. However, on one check in particular, it is obvious that all of the writing on the check has been erased and rewritten in again by someone else other than my wife. The amount ($50.00) is the same but it is not her handwriting.

The date is different. (We were late in getting the cards out on the day of the graduation parties on 6-18-16 and wrote the checks on 6-25-16. On check the date has been changed to 6-18-16.

When my wife signs her name she doesn’t use her middle initial. But when this person signed my wife’s name she did as is written on the check.

On the “For” line my wife left them blank. However, this person wrote in “graduation”.

My wife always writes in cursive, however on “Pay to the order of” line everything is in print and some of the marks are extra dark and blurry, as if the pen was not working.

On the back of the check it was endorsed by the young lady who it was written to. Under her name, it has also been indorsed by her grandmother. When looking at that and then the front of the check, it is obviously been rewritten by her grandmother. Her grandmother is also the assistant bank manager at the bank where the check was deposited.

“Grandmother” is a very sweet lady, active in church, community, family functions etc. Makes easter baskets for all the little kids etc.

I am concerned I may get Aunt Bee arrested for something innocent or am I not wanting to face reality?

I am extremely grateful for any and all advice on who you would contact and what to do if anything.

Thank You

I have to assume that "Aunt Bee" isn't one of your family members, since it's apparent that the check she indorsed wasn't intended for her granddaughter, and the check has been altered. It's also apparent that "Aunt Bee" isn't the honest church-going banker that people have a right to expect her to be. If she'd steal $50 from your wife, what's to stop her from stealing from others?

Your wife should file an affidavit that the check was altered with her bank. Ask your bank to send any claim it makes against the depositary bank to the main office of that other bank, and not to the branch where Aunt Bee works. You may or may not receive your money back, and there may or may not be repercussions for Aunt Bee. But I know you and your wife won't look at Aunt Bee in the same way ever again.

If you read further down in this discussion, you'll see that the whole premise on which my answer was based was wrong because I assumed I had all the facts. Apparently, there was no alteration in the legal (UCC) sense, and the correct young lady appears to have received credit for the check. I am reminded of the old "Badge 714" series and Joe Friday's "Just the facts, Ma'am." When the facts are included in the scenario, we often come up with much better answers. -- End of rant.

Excellent answer John

Not that it would change John's answer, Which is what we would also recommend, but was the payee a different person? I did not get a clear indication from your post \.

"My wife always writes in cursive, however on “Pay to the order of” line everything is in print and some of the marks are extra dark and blurry, as if the pen was not working.

On the back of the check it was endorsed by the young lady who it was written to."

Thank you for the responses and we will be following your advice.

I am sorry that I wasn't more clear about who the check was written out to. "Aunt Bee" didn't change the name of who the check was written out to. She did however, rewrite the girls name on the check. That's what I am having trouble understanding why she would do that.

Thanks.

My apologies for not being more clear. The young lady who this was written to is the granddaughter of "Aunt Bee"

I'm not sure I completely followed this, but it seems like your asking why "Aunt Bee" would re-write the same name on the Pay to the order of line which doesn't make any sense. Did your wife possibly forget to write her name, but they knew who it was intended for based upon the card it was sent in so she just wrote it?

Did your wife use a lightly colored pen so their check scanner didn't pick it up, so Aunt Bee just copied over it with darker ink?

Again, it seems like the person who the check was intended for got credit, so I'm not really sure that I would be overly concerned.

CosmoKramer that was my thought - that she used a light colored ink that did/would not image well so Aunt Bee wrote over the check. The check has the same payee and amount as originally written - the date is changed to the actual graduation date instead of a week later and the wife's signature is forged.

Still not a good practice to do. If we have a check that is too faint to read (I'm in a lockbox department) the amount is written on the face (away from where they normally appear) so that it can be keyed for the correct amount.

Yes, the person who the check was intended for got the credit.

It just alarmed us that the check had been completely erased and rewritten and then Aunt Bee signed my wife's name. The only thing that was changed when Aunt Bee rewrote the check was the date.

I am wondering If I am making a mountain out of a molehill.

You did not mention if your wife used a light colored ink (or gel pen). I would be concerned if someone rewrote my check and forged my signature - especially an assistant manager at a bank!

Madukes,

Yes my wife used a dark colored pen. The check was erased and rewritten to same person it was originally made out to with a forged signature and changed date. Should we file an affidavit with our bank (bank of america) that the check was altered?

Thanks for your time.

Bizarre, but if the right amount of money went to the right person, there is nothing to be done; i.e. yes, the item was "altered," but not in such a way that would cause a loss to you or anyone else.

I've always liked Aunt Bee. I would call her and ask her...

If I were a bank receiving that affidavit, I would deny the claim, because no alteration actually occurred. The check to Susie Senior for $50 remained a check to Susie Senior for $50 even after Aunt Bee tinkered with it. The maker's instructions remained intact, and were followed when providing credit for the item.

That said, if I were Aunt Bee's employer, I would absolutely want to know about this. Even though her intentions may have been noble and helpful, her actions were definitely improper.

Do you have the actual item or is it an image? I was wondering if maybe the check was accidently left in a pocket and run through the washing machine which lightened up the ink enough that it was no longer legible and making it appear "erased" hence, Aunt Bee rewriting it. Just a thought.

I am in agreement with the others that said as long as the correct person got the correct amount, I wouldn't pursue it any further.

"That said, if I were Aunt Bee's employer, I would absolutely want to know about this. Even though her intentions may have been noble and helpful, her actions were definitely improper."

I agree with JacPCB. Aunt Bee is not just a well meaning kindly spinster. She is a professional that should know how improper her actions were, regardless of whether or not there was a loss.

I would wonder if, as Justin Case mentioned, the check was washed accidentally, or possible something was spilled on it, partially erasing portions of the check. If the original payee felt she couldn't negotiate the check because of it, and went to Aunt Bee to question it, it is possible the aunt said not to worry, she would take care of it and cash it against her own account,

Only Aunt Bee knows! Would one of you please ask her?

So what happened here is that people made an effort to respond to a question without some of the most important information missing from the first post. Since my initial response was a wasted effort, I'm going up to edit it out just to avoid someone reading it and thinking it added something to this discussion.

John,

Sorry I confused you.

I will be contacting Aunt Bee shortly to get her side of the story.

I really appreciate everyones advice.

Thank You.

All for a $50 check that went to the right person?? John is correct about wasted effort - by all parties.

Except that I am now reading all of John's responses in the Joe Friday voice.

For the love of heaven, would somebody please call Aunt Bee so people will stop posting to this thread!

Does anyone know Opie's number?