Consumer Fraud Banking statutes

[bmiller]

When is a banking error fraud? Who determines it to be fraud? When you sign for a bank account in the fine print it sets out guidelines for reporting errors, is this final or is there room for overcoming this? If money was deposited to an institution but does not appear on any of the depositors account should the bank correct this if proof of the deposit is presented with verifiable routing number? If the bank makes a withdrawal not a debit from a customer account is the bank liable? If a banks counsel and board have been presented with forgeries and altered sequence numbers what would be industry standard response? Let's say the proof presented were from an expert in the field of we 8 years, is this a situation where they have the option to do nothing, or does the comptroller of currency mandate that these matters are investigated? Probably to many questions at once. If anyone is familiar with these matters would appreciate some insight. I have done a lot of research but I am looking for confirmation of my interpretation.

Regards

 

[adjusterjack]

When is a banking error fraud?

Probably never (unless you are talking about the Wells Fargo scandal, then, maybe).

Who determines it to be fraud?

Juries.

When you sign for a bank account in the fine print it sets out guidelines for reporting errors, is this final or is there room for overcoming this?

The account holder agreement is your contract with the bank. By opening the account you agreed to be bound by that contract. If the contract says you do this, that, and the other thing to report errors, you do this, that and the other thing, or you lose your money.

If money was deposited to an institution but does not appear on any of the depositors account should the bank correct this if proof of the deposit is presented with verifiable routing number?

The question, as written, can only be answered in the abstract as yes.

If the bank makes a withdrawal not a debit from a customer account is the bank liable?

Depends on the circumstances, which you have not yet deigned to reveal.

If a banks counsel and board have been presented with forgeries and altered sequence numbers what would be industry standard response?

The "industry standard" is that the victim goes after the criminal who committed the crime and not the bank that did not commit the crime.

Let's say the proof presented were from an expert in the field of we 8 years, is this a situation where they have the option to do nothing, or does the comptroller of currency mandate that these matters are investigated? Probably to many questions at once. If anyone is familiar with these matters would appreciate some insight. I have done a lot of research but I am looking for confirmation of my interpretation.

Stop right there.

Until you tell us what happened to YOU, there aren't likely to be any answers that will be of any help to you.

 

[bmiller]

When is a banking error fraud? Who determines it to be fraud? When you sign for a bank account in the fine print it sets out guidelines for reporting errors, is this final or is there room for overcoming this? If money was deposited to an institution but does not appear on any of the depositors account should the bank correct this if proof of the deposit is presented with verifiable routing number? If the bank makes a withdrawal not a debit from a customer account is the bank liable? If a banks counsel and board have been presented with forgeries and altered sequence numbers what would be industry standard response? Let's say the proof presented were from an expert in the field of we 8 years, is this a situation where they have the option to do nothing, or does the comptroller of currency mandate that these matters are investigated? Probably to many questions at once. If anyone is familiar with these matters would appreciate some insight. I have done a lot of research but I am looking for confirmation of my interpretation.

Regards

 

[bmiller]

I started a business in 2009, went to the bank in 2011 for operating line of credit was directed to use another loan program for 1 year pd as agreed then I would qualify for operating line of credit. Over the course of 4 years and 3 accounts the bank personnel employed a loan scheme that error in their favor 4.1 million dollars. I have the president of the states fraud examination board qualifying these things, another expert of 18 years is qualifying the wire forgeries, altered sequence numbers, and changed bank statements. I have contacted the companies I did work for an have been provided with copies of the front and back of the checks. there are over 500k in checks deposited to this bank with their routing number on the back that are not posted to one of my three accounts. one company paid via ach, to date the number is 98423.00 in funds not received into my account. on three occasions funds from chase bank wired to this institution and the funds are not on any of the statements. in May of 2014 the sr. V.P. of the bank and over my accounts made a withdrawal of 128k from my account. with no explanation, I sat with counsel and a board member to be stone walled as to the whereabouts of the funds. in March of 2014 21771.01 was with drawn from my account same issue. these are just a portion of the monies withdrawn. banks debit and credit, customers deposit and withdraw as I understand it. I have sent letters to places of employment and home address's of all board members, carefully laid out what I believed at the time to have happened, placing no blame anywhere simply there is a problem. No response. I have been in contact with Special Agent I charge for this area and she has assigned an agent. I have been in contact with the attorney general, he gave me the cell phone number to the special agent in charge. the fraud examiner has contacted the f.b.I. I am reluctant to share details for most people have a hard time understanding that banks can steal money and do if the right people and policies are in place, complimented by an agreeable checks and balances. i am looking for the banks escape route, what do they have that I am not aware of that makes them have the courage to do this. yes i am saying not the physical brick and mortar bank, but president, sr. vp., area president, president of lending, data entry girl, at least one board member and their counsel all stole my money. Maybe not all had their hands on it, but turning your head to it is the same in my books. understand these people stole 309k dollars in one month, and the largest one time transaction of theft or error was 136k dollars. These are facts. now I have better explained my position and the circumstances surrounding the questions. I am wanting my money back, it didn't take a civil action to take it, does it require one to get it back? who qualifies it as fraud or embezzlement. i have nothing in my background to support this accusation, but i say if the bank takes my money and will not return it they are possession of my money, contract be damned I do not participate in any court in the land, or any respectable officer of the court to accept or let a contract be an instrument for stealing. this is not the case. so because i was working 350 days a year an employed a cpa, because he didn't catch the deposits the bank just gets a 500k bonus for being able to conceal this. Banks are not in the business of stealing, and i don't believe the contracts to be agreements to allow that. maybe a deterrent for the masses against timely reporting and these things, but I don't believe if an error goes undetected for more than the stated sixty days you loose the money. As the bank is in business and still has the money. hopefully the questions make more since or maybe this serves only to raise more questions. the bottom line is this, these people have my money I want it back. will the comptroller of the currency jump in and return the funds, is it really a civil matter to get my money back, who qualifies it as theft, what is the bank required to do in regards to error reporting, and what is industry standard for a banks insurance company to pay on fraud? when will they qualify it as fraud? i would like to leave you with the response from the sr. vp of the bank regarding the forgeries on wired funds documents. this after she had seen the report, along with the pedigree on the person who conducted it. We have spoken with xxxx and she has confirmed the forgeries, since "THIS IS AN EMPLOYEE SIGNATURE THIS IS AN INTERNAL BANK MATTER NOW". Clearly the fact that it is 75000.00 dollars done over the phone out of my account qualifies as me having no skin in this transaction, oh yeah they will not provide the routing number to the institution account number or name, nor will they provide any bank statements. i am open to answers, suggestions, direction any form of help. these people have acted outside the scope of banking their attorney and board member is acting outside the scope of my perception of the bars ethics and has not done what is required as far as reporting and seeking outside counsel. will the bar association accept a complaint as valid with from an expert. as he is an attorney denial and argue. i am looking for answers help and direction will take any advice on how to manage this issue. this is a lot to take in, every statement is fact and none more factual than this one. I need help.

 

[army judge]

I started a business in 2009, went to the bank in 2011 for operating line of credit was directed to use another loan program for 1 year pd as agreed then I would qualify for operating line of credit. Over the course of 4 years and 3 accounts the bank personnel employed a loan scheme that error in their favor 4.1 million dollars. I have the president of the states fraud examination board qualifying these things, another expert of 18 years is qualifying the wire forgeries, altered sequence numbers, and changed bank statements. I have contacted the companies I did work for an have been provided with copies of the front and back of the checks. there are over 500k in checks deposited to this bank with their routing number on the back that are not posted to one of my three accounts. one company paid via ach, to date the number is 98423.00 in funds not received into my account. on three occasions funds from chase bank wired to this institution and the funds are not on any of the statements. in May of 2014 the sr. V.P. of the bank and over my accounts made a withdrawal of 128k from my account. with no explanation, I sat with counsel and a board member to be stone walled as to the whereabouts of the funds. in March of 2014 21771.01 was with drawn from my account same issue. these are just a portion of the monies withdrawn. banks debit and credit, customers deposit and withdraw as I understand it. I have sent letters to places of employment and home address's of all board members, carefully laid out what I believed at the time to have happened, placing no blame anywhere simply there is a problem. No response. I have been in contact with Special Agent I charge for this area and she has assigned an agent. I have been in contact with the attorney general, he gave me the cell phone number to the special agent in charge. the fraud examiner has contacted the f.b.I. I am reluctant to share details for most people have a hard time understanding that banks can steal money and do if the right people and policies are in place, complimented by an agreeable checks and balances. i am looking for the banks escape route, what do they have that I am not aware of that makes them have the courage to do this. yes i am saying not the physical brick and mortar bank, but president, sr. vp., area president, president of lending, data entry girl, at least one board member and their counsel all stole my money. Maybe not all had their hands on it, but turning your head to it is the same in my books. understand these people stole 309k dollars in one month, and the largest one time transaction of theft or error was 136k dollars. These are facts. now I have better explained my position and the circumstances surrounding the questions. I am wanting my money back, it didn't take a civil action to take it, does it require one to get it back? who qualifies it as fraud or embezzlement. i have nothing in my background to support this accusation, but i say if the bank takes my money and will not return it they are possession of my money, contract be damned I do not participate in any court in the land, or any respectable officer of the court to accept or let a contract be an instrument for stealing. this is not the case. so because i was working 350 days a year an employed a cpa, because he didn't catch the deposits the bank just gets a 500k bonus for being able to conceal this. Banks are not in the business of stealing, and i don't believe the contracts to be agreements to allow that. maybe a deterrent for the masses against timely reporting and these things, but I don't believe if an error goes undetected for more than the stated sixty days you loose the money. As the bank is in business and still has the money. hopefully the questions make more since or maybe this serves only to raise more questions. the bottom line is this, these people have my money I want it back. will the comptroller of the currency jump in and return the funds, is it really a civil matter to get my money back, who qualifies it as theft, what is the bank required to do in regards to error reporting, and what is industry standard for a banks insurance company to pay on fraud? when will they qualify it as fraud? i would like to leave you with the response from the sr. vp of the bank regarding the forgeries on wired funds documents. this after she had seen the report, along with the pedigree on the person who conducted it. We have spoken with xxxx and she has confirmed the forgeries, since "THIS IS AN EMPLOYEE SIGNATURE THIS IS AN INTERNAL BANK MATTER NOW". Clearly the fact that it is 75000.00 dollars done over the phone out of my account qualifies as me having no skin in this transaction, oh yeah they will not provide the routing number to the institution account number or name, nor will they provide any bank statements. i am open to answers, suggestions, direction any form of help. these people have acted outside the scope of banking their attorney and board member is acting outside the scope of my perception of the bars ethics and has not done what is required as far as reporting and seeking outside counsel. will the bar association accept a complaint as valid with from an expert. as he is an attorney denial and argue. i am looking for answers help and direction will take any advice on how to manage this issue. this is a lot to take in, every statement is fact and none more factual than this one. I need help.

Far too complicated and complex to seek legal review on a FREE website that discusses, but doesn't represent people with legal issues.

You need to stop seeking FREE advice, hire a lawyer, and let the lawyer seek justice for you.

Nothing short of you hiring a lawyer will be of any benefit to you, so hire a lawyer today.

Good luck.

 

[adjusterjack]

4.1 million dollars.

I stopped reading right there.

That's way beyond the scope of this or any other internet forum.

Hire an attorney.