Legal Question in Criminal Law in Arizona

ATM fraud at a bank

Im not very happy with bank X , during the month of october the entire month someone accessed my checking account using an atm card that was not authorized by me nor was one sent to them from the bank but they somehow got into my account and day after day they drained my account withdrawing $1700.00 to $2000.00 per day out of atm machines and lots of shopping using a card in which i did not give them, or authorize them to use, they took $15,000.00 out of my account over the entire month, all the transactions that occured was way out of my ordinary monthly activities in shopping with this fradulent atm card all over the valley, many many transactions that if my past history was looked at does not compare to normal activity, now the bank allowed this tremendous activity to happen without notifying me of all this loss which could have been stopped if they were to pay attention to my account , but allowed my account to be drained and my monthly statement was how i found out of all of this fraud, now i reported this to my bank and they took no time in telling me that since i had my atm card in my possession that all of these transactions made by whoever used my account was authorized in which in no way was it at all, they failed to protect my money then they tell me that i authorized this , not true what can i do.


Asked on 12/15/97, 8:19 am

2 Answers from Attorneys
Kathleen Coughenour DeLaRosa Coughenour Law Office, P.C.

ATM Fraud Options

First, you can ask the bank for the appropriate forms to fill out to report this as unauthorized use; you need to make a written report of the unauthorized use within a reasonable time after it occurred, usuallyh 60 days. Second, you can report it to the police and ask them to investigate. Most ATM's have video cameras, and based on the transaction codes, the police and the bank can check the tapes and at least have some idea of the identity of the person who withdrew the money.

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Answered on 12/16/97, 10:38 pm
Larry Bruce Larry B. Bruce Attorney At Law

ATM Card Fraud versus Breach of Contract

You ask a question that is really rooted in Contract Law, not criminal law. If the culprit is caught, and the video should show who it is, then they can be made to pay restitution.The question as to whether the bank has to eat some of this loss is rooted in the agreement you signed when you took out the ATM Card. Read your agreement and see what it says.

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Answered on 12/18/97, 10:20 pm


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