Legal Question in Banking Law in California

My bank account was hacked by my ex girlfriend on Oct. 1st and she electronically moved around $5000 to her account. After discovering this at the bank I canceled my debit card and online banking. (The bank has record of this.) On Oct. 5th she went back in and wrote herself a check for $20,000 which posted on Oct. 25th and was cashed on Nov. 1st. Again, not only has the bank admitted fault for not actually shutting down my online banking as directed, they let her, whose name I had alerted them to on the 1st as the frauder, write the check to the same name, they canceled the check, and somehow it was still cashed. Now they are asking me to sign an affidavit listing her by name for which they will prosecute her for, saying that I may have to be a witness in court. To be totally transparent, this goes against my beliefs 100% as I don't think jail/prison helps anyone, and I still care for this person, who has literally just lost her mind since our breakup nearly 2 years ago and got on drugs... To be honest, I was willing to eat the $5000 so as to protect her from prosecution, but $20,000 more is just too much, and it has depleted most of my saved funds. What are my options? Again the bank has admitted fault; is there not some way for me to sign the affidavit "under duress", or "Vi Coactus." It is their dereliction that has caused this much greater loss to me, as well as now putting me through a great deal of mental anguish and consternation, not to mention, if they prosecute her, setting me up as an enemy of the prosecuted or her current unsavory associates. I understand that they may prosecute her, but why should I have anything to do with that. And what's more, their prosecuting her at all is still linking me to her probable arrest. I would also like to note that they let her draft this check while I was in San Francisco and my account was supposedly on such high alert that I myself couldn't draw money from my account for gas, food or basic necessities for 3 days during which time I called them roughly 15 times and spent, no exaggeration. maybe 30 hours on the phone. To be honest, this bank has failed me in everyway possible as a customer. Any help is appreciated. Thanks


Asked on 11/08/21, 12:11 pm

1 Answer from Attorneys

Your account agreement almost certainly requires you to cooperate in any fraud investigation. If you choose not to, they are entitled to drop the case and you may be out your money. Also, it is not up to the bank whether you have to testify. That will be up to the DA. Lastly, prosecution doesn't necessarily mean jail, especially in financial crime cases. Probation, substance abuse or psychological treatment diversion or both, and restitution/restorative justice options are often used, and may well be just exactly what she needs to get her life straight.

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Answered on 11/09/21, 10:00 am


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