Most recently we have received requests from business customers asking to keep their accounts open after identifying fraud. This fraud is related to checks that have been intercepted, washed and negotiated. Due to convenience of keeping existing account open, our customers are requesting that we do not require them to close the compromised account.
We read a FinCEN FAQ regrarding keeping accounts opened after receiving "keep open" requests from law enforcement. We are wondering if other financial institutions follow procedures to "keep open" these compromised accounts based on a request from law enforcement and use that same procedure on customer requests, assuming the procedure helps reduce risks of any loss? What do you see as the pros and cons of keeping the account open when it is a customer request?
If the source of funds for an ACH deposit appear tainted or fraudulently obtained, can the funds be legally held for return to the ODFI?
When a cardholders card if flagged for fraud and they refuse to close it until a new card arrives can we deny any claims of fraud for that card after they were made aware of their card being compromises?
Ex: bank calls customer on July10 to tell him his card had attempted fraud and he insists he needs the card left open. Then on July 17 he had multiple transactions post to the card, and he now wants to dispute them. Had we closed the card none of this fraud would have happened.
As to the NACHA Rulebook- What are the time frames on returning an unauthorized ACH debit?
When a customer has a forged check drawn on their account and wants full credit for it, but does not want to complete or sign a Statement of Forgery, must we provide credit if the customer gave us notice within the 30-day deposit agreement timeframe?
Can we require a police report to be filed in order to process an ATM Fraud claim where a person lost their wallet and a fraudster was able to withdraw funds from an ATM?
If a bank receives a wire transfer request from a customer who we have a signed agreement with and which outlines security requirements for them, and the wire transfer turns out to be a BEC (Business Email Compromise), who is liable for the fraudulent "authorized" transfer?
I need some guidance around collection items due to us from other banks involving fraud. Is there general guidance or recources you could point me to?
In Reg E, our customer disputes ATM withdrawals from August 2021 until present, July 2022. She 'claims' someone must have taken her card out of her wallet and replaced it. We are working with the police to get video footage at the ATMs for over 109 transactions. As I understand Reg E, we begin with the first unauthorized withdrawal and count 60 days from date of statement for that charge. The remaining unauthorized transactions that occurred after the 60 days are not covered under Reg E. Is that correct?
Someone opened an account in a small Louisana bank on June 3, with a bill payment check drawn on Chase bank. We placed a new account hold on it. The hold expired and funds became available but there were no transactions in the account. June 13, we receive two wires in this account from Chase Bank - memo says "for my wife Kelly Laura" and the wire came to our customer's account (not Kelly Laura). When we questioned our customer she stated "it’s for her daughter from the daughters finance that lives in Chicago and it’s for moving expenses." We asked her to come in with her daughter but she says she couldn't because the daughter is not here. We believe our customer is being scammed or something. Multiple attempts to get someone with Chase to help finally happened on June 24 when someone from Chase in our area helped us. They also feel there is something suspicious about their account holder and opened an investigation there. Meanwhile we are holding the money. Chase recalled one of the wires totaling $3,500 and we returned it. As of today were still holding $8,897. How long can we hold this, how long can we investigate, or what other actions should we be taking to protect the bank and the customer?