Bank of America Checks Cashed Improperly Internet, Oregon

The check casher could have endorsed the back of the checks, and then anybody could have cashed the checks, or better yet, he deposited the checks into the account, and the company that wrote you the checks would have been none the wiser.  the crook then withdrew the money from his account, and skipped town.

The crook must have gotten the mail from the company that was sending the checks, or he was stealing mail from your company.  There may have been a insider in your company or your customer's company that were stealing the checks.  Were all the checks written by 1 customer, or different customers.  This may help to answer the question as to how the crook got the checks.   if it was from different companies, then the theft took place on your end.

I am assuming you contacted your customer, and asked them about the unpaid bills.  they probably told you that they sent the checks, and you cashed them.

Each customer MUST file a fraud affidavivdt with their bank, and ask for the money back.  There could be a problem with this however, all fradulatent activity must be reported within 60 days or the bank has no liability.  On your post you give no indication about when the fraud took place.

Once your customer(a) get their money back, they can reissue you new checks, end of story.  If your customer(s) waited too long to file a fraud affidavit, and their bank(s) refuse to refund the money, you will have no choice but to sue in small claims court.

They will use as their defense, that they sent you the checks, and they were cashed, and now the problem is yours.  But any Judge will deny this defense, and issue a ruling in your favor.

If these customers are good customers, and you sue them, you may not keep them as customers.

also remember that if you get a judgment against your customers, they may not pay anyway.  Usually a judgment and a 1.00 will get you a cup of coffee.

In conclusion this is not BOA's fault.  Someone had an account with BOA, and they brought checks for deposit, and the checks went through.  many times I have been paid with checks that someone else had been written to someone else.  They gave me the checks, and endorsed them over to me.

Sorry this is not the answer  you wanted to hear

Why do people love bank of america so much.  I will never have a bank account.  Thanks to all the posters & people who defend the bank.

I will not have to worry with all the,  undue stress these crook banks put people threw.

How strange . . . the only thing that makes sense to me about this report is Charles' rebuttal.

I'm having a very hard time understanding what happened, and what B of A is trying to make you do.

Did somebody intercept a bunch of checks that were headed to your business, open an account in your business' name, and then use that account to cash the checks?

It seems like that's what happened, the report is just a bit convoluted. Maybe you could clarify it a bit for us.

Isn’t there a passage in Revelations that goes something like “from the sky there came a lion with seven heads, and Charles from Phenix City did formeth a coherent sentence, and the people understood him.”

I appreciate the comments although I don't completely understand Tim's comments.

This person who took the checks was a sub-contractor that had done some work with one of my companies. He was familiar with my customer base and on his own went to the customers and collected checks that were made out to my company. (Additionally he asked some of my customers to make the checks out to his name as "we" didn't want to report the money as income, this is a lie & I have not requested these amounts from B of A.) When I became aware that he had collected money I first asked him, he claimed that he needed to buy insurance and was going to repay the money. Shortly after that and after realizing there were more I contacted the police. Currently he is in prison in California for doing the same thing there. The result of the investigation in my state resulted that he was sent to California due to ten warrants that had been issued there and found guilty then given four years. (philverdoorn.blogspot.com)

My issue is that the Bank of America cashed checks made out to my company in this individuals personal bank account. They were cashed one at a time and the checks were clearly made out to my company. On some of the checks he wrote his name on the Payee line directly after my company name. None of these checks was signed by me on behalf of my company, and that any check made out to any company for that matter (as I have been told by several bank personnel) must be deposited only into the account for the company to which it is written and cannot be cashed. Incidentally, there is more than one bank that this con man had accounts with and cashed checks made out to my company. These banks except for one have paid the money to my company, and will go after the con man.

My issue with Bank of America is that they will not admit that they have absolutely violated a rule by cashing these checks. It does not make sense to me to have my bank (which never saw the checks as they did not go into my account) assume responsibility, which is one of the things a B of A person told me. It does not make sense too that I should contact each of the customers who originally wrote the checks, have them file a fraud report with their bank then get the money returned and then I take that person to small claims court to try and collect money. Someone was right, I probably will never get the money back from them.  B of A did a wrong thing, they cashed checks which they knew were being cashed improperly. The con man used the same bank and same people. They are responsible and they will not take responsibility. I am requesting a bit over $10,000. This is less that 5% of the total. I have only asked Bank of America to pay back the money that was stolen and obviously cashed illegally. I have not even begun with the largest part but now after dealing with persons at B of A I realize they might be involved in wrong doing but because they are so large an entity feel they can get away with this kind of thing. I wonder if I were to open an account at Bank of America and then "acquire" a check made out to, say "CostCo" and took the check in to the B of A to cash it if they would be OK with that? They seem only interested in doing what is convenient to them rather it is right or wrong. Being big gives one power to do what they want I suppose.

I have found only one sure way a Bank will change their minds and do the right thing.  File a complaint with the Office of the Comptroller of currency.  My bank changed their tune right away after I did.  The website is http://www.occ.treas.gov/customer.htm.

Most banks answer to the Comptroller of currency.

If any bank if doing something they shouldn't be a complaint here will get immediate results.  Hope this helps.

That was very funny - maybe the Four Horsemen will say hey screw it - Charles formed an actual sentence not including "threw"

People can laugh on all they feel like.   I have found some people who misspell,  they are the ones who judge me & others.

They are no better.