Attempt to Cash

We have had an attempt to cash a stolen item on one of our customers.....the customer has not came in yet to sign an affdavit. We can prosecute if he does correct?? Even though the individual left the bank before he got to cash the check (which we have in our posession)

The Bank did not suffer a loss correct? If so the customer can still file a police report for the attempted forgery, the Bank would be more a "witness" for lack of a better term. The Bank should still call the local PD and file their part of the report with them, but the affidavit is critical because the customer is the actual victim in an attempt case. I'm guessing you have strong suspect information to give correct?

The advice given is correct. In addition if you haven't done this already, Contact the customer and tell them you are closing the account and they need to to come in set up a new one. Notify them that all items presentd on the old account will be retrurmed "Refer to Maker" If you want to provide some good customer service, have the customer verify each morning which checks are legitimate and pay them against the new account. You have no idea how many other stolen checks are out there and what will come through transit.

This isn't something the customer can do when they have some spare time. Each day that passes exposes the bank to potential loss. The bad guys might even wait a month or so and try it again when everyons guard is down.

Yes we have very stong suspect info.....Thanks for all the information....we new bankers need all the help we can get!!

We had the same incident at our FI recently. The suspect was detained at the drive-up while our customer was called. My question is,should we have called local law enforcement as soon as we were told by the customer that the check was stolen? Or, should it first be done by the customer. Law enforcement has questioned us why we didn't call them immediately so an attempt could be made to catch the suspect. The customer later filed charges against the suspect.

We had a similar situation. Two young men came in with a credit card check that was in the name of one of our customers. We knew the customer well enough to know that it was not his signature on the check. Also, the payee had been written in several different times and the prior ones marked out. The face of the check was a mess. We immediately called the police and stalled the young men until the officer arrived, the police station is only two doors down. They were arrested and the teller and I went to court on behalf of the bank.

No transaction was made and obviously no dollar loss to the bank. But the customer was extremely pleased that the bank was looking out for him.

Folks:

There are several issues in play simultaneously here:
1. Apparently a verbal notification only of a stolen item from the customer;
2. The law enforcement agency's inability to act because no report is on file; and
3. Your inability to act legally because no affidavit of forgery or theft report is on file.

Even if you know your customer well, please don't take the customer's word via a telephone conversation that an item has been stolen, altered, counterfeited or forged. Except in extreme circumstances, always require your customer to file written documentation that allows you to file a report of an attempted crime with your local law enforcement agency.

The agency needs this written report in order to be able to act. You need this written documentation in order to be able to represent the bank's interest and to therefore cause the law enforcement agency to act.

An attempt to commit a crime is still a crime. When an offender presents a stolen item for negotiation, the offender is making the institution a co-victim. Every victim has the right to file its own report with the law enforcement agency.