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#1982338 - 12/10/14 10:15 PM check fraud -
Underthebus Offline
Member
Joined: Jan 2004
Posts: 78
texas
We had an individual establish an account with a minimum cash deposit. 90 days after the account was opened the individual deposited counterfeit checks through the mobile app.Cash withdrawals were made the next day. The maker of the checks notified us and provided affidavits. Would these transactions fall under money laundering for 314b sharing?

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#1982358 - 12/11/14 12:01 AM Re: check fraud - Underthebus
RockChucker, CAMS Offline
Diamond Poster
Joined: Jul 2013
Posts: 1,700
The Country
I can see no evidence of money laundering given the information you provided. What makes you think it is money laundering?
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A successful man is one who can lay a firm foundation with the bricks others have thrown at him.
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#1982463 - 12/11/14 04:15 PM Re: check fraud - Underthebus
Underthebus Offline
Member
Joined: Jan 2004
Posts: 78
texas
Actually, I think it is check fraud only, but powers to be want to share with the other institution.

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#1982493 - 12/11/14 05:05 PM Re: check fraud - Underthebus
HappyGilmore Offline
10K Club
Joined: Jun 2004
Posts: 19,854
Pulling people out of the ditc...
I'm confused...if the "maker" of the checks provided an affidavit of forgery to your bank, this would indicate to me they are a customer of your bank. the depositor opened an account with your bank.

Where does the "other institution" come from that they want to share information with?
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Providing alternative truths since the invention of time

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#1982530 - 12/11/14 05:50 PM Re: check fraud - Underthebus
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,363
Galveston, TX
I'm confused also??? Even if the maker was a customer of another other bank and the items were returned without entry, what other information would the other bank have that you do not or want to know about??? They already know someone forged their customer's checks.
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#1982564 - 12/11/14 07:22 PM Re: check fraud - Underthebus
Anonymous
Unregistered

Another anon here: Your brass should stop worrying about trying to get justice or vengeance done on this customer, and instead be much more concerned about the failures in processes that allowed this to occur. (Meaning: where was the hold on those checks deposited via mobile? Why did a brand new customer have access to mobile deposits? Why was he allowed to spend or withdraw - in cash!? - more than his available balance? -- those sorts of issues are more pressing than 314b).

But IMO, if cash is stolen/illicit, and your customer touched it, money laundering happened. His transactions were designed to disguise the source, control, or location of the money (it's a little bit of twisty logic, but, when he made the cash withdrawals, he didn't want your bank to know that the source of those funds was a bogus check, yes?), which is all that is needed for an allegation of money laundering to be lobbed at him by a patrol car, so that should be more than enough for bankers too, as long as we have no moral imperative to adhere to the constitution more closely than law enforcement does.

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