Unauthorized wire transfer

Posted By: Anonymous

Unauthorized wire transfer - 08/13/21 01:11 PM

I have a hypothetical scenario which could use the expertise of this board.

Bank A sends a wire for their customer to Bank B for $1000. The customer at Bank B walks in and withdraws the funds.

The next day, Bank A's customer walks in and says "this is an unauthorized transaction! I didn't do it -- it's fraud!"

Bank A goes to back B requesting that the funds be returned. Is Bank B required to return those funds, taking a loss on their end? And what law/regulation would cover this?

Thank you!
Posted By: osucpa

Re: Unauthorized wire transfer - 08/13/21 02:01 PM

To me this would be between Bank A and their customer. Bank B was following the wiring instructions.
Posted By: Rocky P

Re: Unauthorized wire transfer - 08/13/21 02:30 PM

Agree with osucpa. Also, (hypothetically of course), Bank A needs to either firm up their wire policies, or increase training about the employee who let that one slip through.
Posted By: HappyGilmore

Re: Unauthorized wire transfer - 08/13/21 02:36 PM

Bank B is under no obligation to return the funds, whether they are available in the account or not. If the funds are available, bank B may choose to return, but only if a letter of indemnification is provided by bank A.

whether funds are returned or not, Bank B does need to look at this to see if potentially they have customer that is knowingly or unknowingly acting as a mule for fraudulent transactions. Turning a blind eye is not an option in this day and age.
Posted By: Anonymous

Re: Unauthorized wire transfer - 08/13/21 03:03 PM

OP here -- thanks everyone, that's what I thought. Is there a specific law or regulation that you would cite that speaks to this?
Posted By: Anonymous

Re: Unauthorized wire transfer - 08/13/21 03:14 PM

That's why wire fraud is a bazillion dollar business. Once that "send" button is pressed, those funds are gone.

Think about all of the seniors that have been scammed over the years. All of them lost their money because Customer at Bank B is under no obligation to return the funds. The issue is with the original Customer, and Bank A. And truthfully, just the original Customer. I doubt even Bank A, if they have followed their wire instructions properly, are under any obligation for loss.
Posted By: HappyGilmore

Re: Unauthorized wire transfer - 08/13/21 07:14 PM

Originally Posted by Anonymous
OP here -- thanks everyone, that's what I thought. Is there a specific law or regulation that you would cite that speaks to this?
about bank B having to return the funds or not? no, there is no specific law or regulation
Posted By: rainman

Re: Unauthorized wire transfer - 08/16/21 06:34 AM

This is all covered in UCC Article 4A. Mostly this issue is covered in 4A-211, 4A-209, and 4A-204. Once a payment order has been "accepted" by the beneficiary's bank (which is roughly defined in 4A-209 to mean that the bank has paid the beneficiary or credited the beneficiary's account), it can't be cancelled or amended under 4A-211 without the beneficiary's bank's consent. There is no obligation for the beneficiary's bank to consent.