UCC-Dishonor Cashier's Check (Fraudulent Activity)

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Question:

Does the UCC allow a bank to dishonor a cashier's check if the remitter asserts that the payment was for fraudulent activities? Our customer purchased a CC and mailed it to a company that is being investigated for running a pyramid scheme. It is not lost, stolen or destroyed. It is our customer's claim that payment was for illegal activities. I did not see a provision in UCC 3 or UCC 4 that gave us the ability to dishonor the check and refund the amount of the check to the customer, but I wanted verification.

Answer:

The implosion of ZeekRewards has made this a common question. Bank customers have found out they have been duped and want their bank to fix it. Whatever lengthy analysis of the overall situation might be offered it will still come back to a simple, "We can't fix it."

First, your customer did not authorize the payment (your bank did) so your customer has no right to stop the payment. Second, your bank accepted the check at the time your employee signed it and you cannot change your mind later.

Any processes your bank may have for handling lost or stolen cashiers checks under state law do not apply here.

First published on BankersOnline.com 9/24/12