Bio:
A BSA/AML master, Brian brings 20+ years of banking experience to his current role as EVP at Thomas Compliance Associates, inc.
Brian Crow is Executive Vice President at Thomas Compliance Associates, Inc. in Chicago, IL. Brian brings 20 years of prior banking experience to the consulting field. He was most recently Assistant Vice President and BSA Administrator for a suburban Chicago bank, where his responsibilities included preparing the bank's annual BSA risk assessment and audit documentation. Earlier as Operations Officer at the same bank, Brian monitored AML activity, aided in the implementation of the bank's AML software, and designed the bank's authentication blocking program that helped to reduce debit card fraud losses by 95 percent. Brian's responsibilities also included managing the bank's Regulation E claims, managing the bank's courtesy overdraft program, reviewing Reg CC hold notices for accuracy, and processing claims for fraudulent signatures and endorsements.
Mr. Crow has been an education consultant for BOL Learning Connect, conducting webinars that have covered VISA/MasterCard chargebacks, debit card compliance and fraud prevention for hundreds of banks. It was in this role that Mr. Crow was recognized as a Bankers Online Guru in 2011.
Like many of us, Mr. Crow began his banking career as a teller, working his way up to head teller and then branch management responsibilities. He earned a B.A. degree in Theology from Concordia University, River Forest, Illinois. Because of his education background, Brian has been given the unofficial title of "Security Evangelist" as he strives to help financial institutions protect their bottom line from losses related to fraud.
Questions Answered
02/25/2024
We need an advice for below situation.
1. Our customer cashed a check for $9,230 from another bank at one of our branches on 11/21/23.
2. On 11/27/23 we received a return for this item as Stop Payment.
3. On 11/28/23 we processed a late claim returned to Fed and received the credit from Fed same day.
4. On 1/19/24 we received a late returned debit from the Fed to deal directly with the other bank. We contacted the other bank as they insisted that it wasn't a late return.
How can we resolve this situation and how we can ask other bank to pay us?
02/18/2024
We have a business customer who had an employee negotiate their payroll checks a second time. This employee deposited their payroll checks through a mobile channel with their bank over a year ago and then deposited them again.
They cleared our customers account because our duplicate detection only goes back a year. Our customer did not reconcile or review his accounts to notice the duplicate payments and wants to hold the bank responsible. They total about $11k. We already tried returning the checks for duplicate and as expected, they were returned for "Late Return".
I am looking for any input as to how we can recoup the funds? The bank of first deposit (PNC) did take in stale dated checks as well as having their customer not adhere to mobile banking terms. Any input would be appreciated.
01/28/2024
Our bank has been questioning when a transaction is considered "suspicious" and when the time clock starts for BSA filing. Some are saying only our BSA officer/department can determine when a transaction is suspicious and that would start the 30 day SAR filing time clock. Others are saying if the client says a transaction is fraudulent, that starts the 30 day clock. How are we to determine when the 30 day clock starts?
12/31/2023
What is the time frame to return a check which was forged or fraudulently altered, i.e. stolen and washed?
12/24/2023
What is the timeframe on doing a check adjustment for a item paid twice? Mobile item posted to our customer on March 31, 2022 and then again on May 3, 2022.
12/17/2023
How do we recall a bank-to-bank transfer that was unauthorized? We are the ODFI.
12/17/2023
How should a credit union as the Receiving Depository Financial Institution (RDFI) handle a situation when the credit union recovers unauthorized ACH debits from the OriginatingDFI (ODFI) through the breach of warranty process? An example may help to clarify the question.
A consumer-member disputes a series of ACH debits posted their account over the last several months as unauthorized, but the member is late in providing notice. The credit union recredits the member for the initial unauthorized ACH debits plus those that occur within 60 days of the statement being made on which the first unauthorized debit appear. The member is liable for the unauthorized debits after the 60 days until notice is provided to the credit union. The credit union is able to return the most recent unauthorized debits that occur in the last 60 days.
In an attempt to recover the remaining funds, the credit union sends a notice to the ODFI requesting the member’s authorization and if the ODFI is unable provide the authorization, requests permission to initiate a late return. The ODFI is unable to provide the authorization, so it grants permission to process a late return.
The credit union has now recovered the full amount of the unauthorized ACH debits claimed by the member. Can the credit union retain the amount that it recredited to the member (i.e., the credit union’s liability)? For the remaining funds recovered, should the credit union recredit the member? It seems to me that the credit union should recredit the member based on the concept of unjust enrichment.
12/03/2023
Does the FinCEN 314a list have specified field definitions? i.e., field lengths.
11/26/2023
A cardholder let's, lets call him Grandson A, use grandma's card to make a Temu purchase. Her other grandson, B, never had authorization to use the card. Grandma begins to get unauthorized or unfamiliar charges from Google and CashApp on her account. She states she thinks Grandson B took her card out of her purse, made the transactions, and placed the card back. Are we able to file a chargeback on the charges based off the her assumption that Grandson B took the card info?
11/19/2023
Does Mastercard require banks to have a bank terminal for cash advances?
Can cash advances be performed at the ATM for all customers and non-customers?
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