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#2104276 - 10/24/16 05:35 PM Retain fraudulent check
LSmith Offline
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LSmith
Joined: Dec 2002
Posts: 703


If a fraudulent check is presented for deposit or cash, the bank can refuse the item, but can the bank retain the check? I have always thought it had to go back to the customer. It would certainly be prudent to try to talk the customer into letting the bank keep it to get it out of circulation; however, it's not our decision to make. In some cases, if the customer has given value for the item, he will need to keep it in order to pursue a civil action or file a criminal complaint.

However, we are being told by law enforcement that we need to keep the check.

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#2104277 - 10/24/16 05:39 PM Re: Retain fraudulent check LSmith
Sunshine Lady Offline
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Sunshine Lady
Joined: Apr 2014
Posts: 673
We have always retained the check to get it out of circulation and also for law enforcement.
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#2104285 - 10/24/16 06:08 PM Re: Retain fraudulent check LSmith
Elwood P. Dowd Offline
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Elwood P. Dowd
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Next to Harvey
Quote:
..it's not our decision to make. In some cases, if the customer has given value for the item, he will need to keep it in order to pursue a civil action or file a criminal complaint.


You are right. Whoever in "law enforcement" told you otherwise is simply wrong.

There's no need for me to reiterate the reasons you gave for returning the check to its rightful owner; you are on point. If it were me, I would ask to be able to note the problem with the check on its face. A person who was a true innocent would have no problem with my request...
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#2104299 - 10/24/16 06:35 PM Re: Retain fraudulent check LSmith
LSmith Offline
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LSmith
Joined: Dec 2002
Posts: 703
Is there any statute or law that states this? What we were told by law enforcement was, if we do not have the physical item that was presented, we can’t press a charge. Even if we are able to press a charge it will not hold up in a grand jury trial without the physical item.

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#2104336 - 10/24/16 07:38 PM Re: Retain fraudulent check LSmith
madukes Offline
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madukes
Joined: Jul 2009
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Flyers Country
I would think if the item were returned to the person presenting it for payment then the item was not paid and there was no loss (so no grand jury)?

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#2104354 - 10/24/16 08:10 PM Re: Retain fraudulent check LSmith
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
Quote:
if we do not have the physical item that was presented, we can’t press a charge. Even if we are able to press a charge it will not hold up in a grand jury trial without the physical item.


Go back to your original scenario. If the check never gets cashed, there is no "charge" to press.
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In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

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#2104524 - 10/25/16 06:24 PM Re: Retain fraudulent check LSmith
RockChucker, CAMS Offline
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Joined: Jul 2013
Posts: 1,700
The Country
Also, could you not make a photocopy of the item?
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