help did i commit fraud?

Question

i got a check from an online game deposited the check waited two days checked my ballance it was there i withdrew it spent it . two days later the bank calls and said it was a bogus check an d i commited fraud. isnt the bank suposed to verfy the funds pryor to crediting my account. did i commit fraud?

Answer 1

You did not commit fraud unless you knew that the check that you deposited was not a legitimate. It sounds like you may be the victim of fraud by the online gaming company.

However, it is your responsibility, not the Bank's, to make sure that the check is good before deposting or cashing the check because if it is not, you will be held liable for the amount of the check, plus any returned deposit charge and/or overdraft fees that occur on your account as a result of the invalid check. (Get a copy of the Service Agreement for your Checking Account...the fine print in all of them spells this out).

As the gaming company was online, you might want to check their rating with the the Better Business Bureau to see if they are listed and if so, number of complaints and see how many (if any) have been resolved.

If not listed or poor ratings, you may want to contact the F.B.I. and could even file a complaint online or Online Fraud. You can call your local police, but if the gaming company is in another State, it is not within their jurisdiction and because it happened online, it does fall within the FBI's.

You would have the right to sue the online gaming company for the amount of the check and returned deposit fees, but most likely not be able to collect NSF/Overdraft fees assessed, but you could include them in a lawsuit, but if the company is in another state, would need to get an attorney involved and would likely cost you more than you could ever hope to collect.

If someone at the Bank used the term "fraud", I would ask to speak with THEIR Supervisor to set up a meeting as they are just trying to manipulate you into solvling their problem as quickly as possible. Bottom line will be that you will have to repay/deposit the money to the Bank, or at least make arrangements to do so in writing, but if you are a victim on fraud yourself and can prove you have filed reports with the authorities they may be willing to waive SOME of the fees you have likely been assessed due to the deposit check bouncing.

Answer 2

You did not commit fraud unless you actually made up and wrote that check or knew it was bad and cashed it anyway.

You are, however, responsible for those funds. If the bank said it was a "fraudulent check" they meant that the person or company who wrote it defrauded you. If your account has gone in the negative, you are responsible for getting your account out of the negative, as well as any fees.

The bank does not generally verify funds on a check unless it is suspicious or for a lot of money, particularly if they know you. It's just a matter of time and cost- it would take a few minutes longer for each transaction, which would be inconvenient to you, and could potentially raise costs (for extra personnel/hours), which could lead to them having less than competitive loan and savings rates.

This would be my suggestion: If you truly were defrauded by the company, file a police report of fraud, and if they mailed it to you, I believe that's mail fraud, which is a federal offense. Get a copy of that police report and take that to your bank, and they may be able to help you with some of the fees if you have them, but that is up to them. Remember to be polite with your bank- anything they do for you here will be a favor. They have NO responsibility to help you out with this.

However, if you are not sure that you were defrauded, and that it might have been a mistake of some sort, call the company who issued the check and talk to them. If they can correct the problem and get you the funds, get a signed letter from someone there that it was a mistake, etc. and take that to the bank to see if they can help you.

Do not, under any circumstances, file a police report on this if it was not fraud. You will regret it when the police are cuffing you for giving a false report, and you may be eyed for fraud charges at that point, because they may believe you did that too.

Good luck.

Answer 3

No - if you deposited the check in good faith (believing it to be a valid check) you are the victim of fraud, but unfortunately, since you're the one who deposited the check, the bank will hold you financially responsible. I would advise you to contact the Attorney Generals office and find out whether others have had this happen. Online fraud with these game sites is a HUGE problem right now and most local law enforcement agency do not have a division in place to investigate these websites. Another problem is that because fraud is so rampant, the fraud must be excessive in order for the District Attorney to file charges. In the Sacramento area of California for example - fraud must exceed $5,000 before charges are filed. This is why it is important that you take action on this - you may have only been frauded $100 but if you combine it with all the others it could be millions!

Answer 4

You did not commit fraud, since you were not the guy who made that bogus check, and you did not knowingly pass it on the bank.

Your problem is fairly common. Banks are legally obligated to make funds available very quickly on money transfers, checks, etc... problem, the delay allowed is much shorter than what's needed to send the check for compensation and reliably tell whather a check is good or not...

This fact is actually used in a number of scams that rely on the principle that a forged check, often a certified one, will be treated as good by the victim, who'll be notified only too late that he did not really get any money.

On the other hand, you are accountable for any spendings you made, even if you used funds that you thought you had due to a mistake.

Answer 5

You did not commit fraud if you did not know that the check was bogus. It can take up to 7 business days for a bank to verify the funds are good for a check. Since they did not get there money they deducted it from your account, as well as probably a bank charge fee. File a report with your local police department as well as the local district attorneys office. Bad checks are a crime and punishable by jail and or fine, depending on the extent of the damages. Good luck

Answer 6

Hey, I wouldn´t worry to much. The online game sent you the check. You put it in your account. And being there, when you checked the balance (I don´t know about legally, but it is the banks fault) you didn´t know any better. So I think the best thing would be to say to the bank, I don´t commit fraud, I got a check and spent it like normal people do, and I didn´t know any better. However, let them know that you will pay back the balance and if you play the angry customer act then they will probably admit that the fault was theirs. Good luck, and with no previous priors you should be fine. Love and respect, Peace.

Answer 7

No. You cannot commit fraud on accident. Fraud has to be a blatant act to deceive. Fraud would have been if you knew the check was bogus to begin, which I doubt you did since you waited two days for them to check it. You may be responsible for returning the money, but do not let the fraud thing scare you.

Answer 8

You only committed fraud if you knew it was a bad cheque.

You are responsible for the funds that you spent though and probably an NSF or overdraft fee.

You should file a report against the online game though, as if any one is charged with the crime you can sue for the money you had to pay the bank back as well as your fees.

Answer 9

technically, no. On the other hand, the bank will probably hold you responsible for the amount of funds if you overdrew your account. The best way to go is to just talk to your bank teller. He/She can help you out. Don't worry, either. The bank will just say that you owe the money (at the worst). They won't try to get you for fraud.

Answer 10

You did only if you KNOWINGLY deposited a fake check. If I were you, I would go to the police and report the fake check against the one who issued it to you. That way you have your report in case anyone comes after you. The bank should return the check to you once they have debited your account.