Legal Question in Criminal Law in California

Re: fraud scamed off ebay a second chance offer $9,200.00

You were defrauded by an individual, not by a bank. Banks are generally not responsible for fraud committed by their customers, and the economy would suffer greatly if banks could be forced to pay for accountholders' crimes.

Banks are not required to do background checks on their customers, so even if we assume no such check was done here it doesn't matter. It would make little sense to require such an expensive procedure each time someone opens a new account.

It is also possible that, even if a check had been done, nothing would have come up. The "seller" also may have had his account at the bank for a very long time, so that a background check done when he opened the account would have been clean even if one done today would not.

I also don't see how you can blame eBay for someone's ability to access your website. If there is a weakness in your site's security, the weakness is your problem and not eBay's, just as it is not the problem of any other entity with which you do business.

eBay routinely advises customers to use escrow services when dealing with unknown sellers or large transactions, and there are plenty of such services which, for a modest fee, would have held onto your money pending delivery of the bike. You chose not to pay for this protection, and you can't make eBay or your bank pay for a loss they didn't cause and which you could have easily prevented.

Unless there are some other unusual facts you haven't mentioned, the only person you can pursue for your money is the seller. The fact that finding him and making him pay will be difficult doesn't make anyone else liable for his misdeeds.

I hope you're able to recover your loss, and I wish you the best of luck.