Bank Partially To Blame

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Reverend

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My jurisdiction is: Virginia

Recently I was instructed by a Wachovia Bank Teller that I could deposit a donated check for $3550.00 which was later found to be counterfeit into my ATM to get around the approval process so I could get back some money right away. I only deposited the bogus check and withdrew money on her instructions and used the $742.00 to pay overdue bills. About 2 weeks later Wachovia froze my accounts and declared that I owed them money. I admit I was a patsy in this bogus check scam but shouldn't the Bank bear some responsibility and work with me on repayment, instead of placing the full blame on me, and threatening to report my organization as a bad check entity? Do I have some legal recourse around this repayment? I heard that some Banks waive the repayment in mitigating circumstances involving fraud on their customers. Do I have a way around this repayment of $742.00? I didn't act out of avarice or threw caution to the wind. Afterall, I was the intended victim of this check scam. How can I get Wachovia to accept partial responsibility for the act of their employee? Is there a law that they are responsible for the negligent acts of their employees?
 
No, the bank should not bear some responsibility. Their approach to the problem might be heavy-handed, but they didn't create the problem. They did you a favour by allowing you to withdraw the money early before the check cleared. (If a friend had loaned you $700 on the strength of the cheque, would you think he should bear some responsibility when the cheque bounced?)

The employee was not negligent; they simply advised you of the bank policy permitting withdrawal from the ATM deposit.
 
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Of course you are right, but what suggestions can you give me on how to get them to allow me to pay some type of installments rather than the whole amount? Or to allow me time to raise the whole amount through our fund raising activities and pay them at the end of our Fiscal year?
 
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You and the bank can negotiate whatever you mutually like for repayment. I've heard of banks forgiving the victims of cheque fraud where the victim was the holder of the account against which the fraudulent cheque was written (say, for instance, someone whose cheques were stolen). Sadly, I haven't heard of them forgiving the innocent recipient of a fraudulent cheque.

I don't get why you call it a scam or a fraud, also - as far as I can tell, there was no benefit to the person giving you the check. It was donated, so they didn't give it to you in payment of anything. You spent the proceeds on paying bills, so they didn't get any cash back. How were you the victim of fraud? Wasn't this just an NSF cheque, like so many others?
 
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