Legal Question in Banking Law in Pennsylvania

Counterfeit Checks
I recently got involved in the internet Nigerian Check scam (quit foolishly). By the time I found out the checks I was cashing for them were counterfeit, I had cashed 3 of them for the amount of $15,000 and a $60.00 bank fee. I am a Social Security recipient with direct deposit. My account has been frozen and I don't have access to any of my money. I have been in touch with the FBI and am in full cooperation with them. They recognize that I am a victem as there are many others. The Credit Union on which the checks were drawn told me my bank should have looked their phone number up on the National Directory instead of taking it from the check to verify funds. I could understand 1 check slipping by, but not 3. How can they hold me responsible for all three of those checks when they didn't verify funds properly?

Asked on 1/19/06, 9:48 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

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Re: Counterfeit Checks

Because that's the way the law has evolved. It protects the banks the banking system and the general population. While it hurts to be the victim it would be more harm to the bank to be held accountable for an act that resulted from your, for lack of a better word, greed.

The bank has to verify funds in a certain manner and by verifying in any means went above and beyond what is required by law. Even the smallest bank deals with hundreds of checks in a day. The banking regulations are written to facilitate the banking system for the facilitation of business, the protection of the bank and the protection of the public.

It's tough to hear but the problem was your greed. Seeing dollars you forgot that there is no such thing as a free lunch.

There's not much, if anything I or any other attorney can do to help you in this matter. If however you have need for assistance in any other legal matter, please contact me for assistance.

Roger Traversa

[email protected]

Answered on 1/19/06, 11:09 pm

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