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wallabee4 · Jan 30, 2011, 06:16 PM

Hello!
What law is broken if a U.S. business check made out to, let's say, "Joe Richards" is deposited into the account of "John Richards" when both have separate accounts (no joint accounts of any kind) at the same bank and both are known to tellers at the bank? Who is guilty? The bank or John Richards? Or both? Check is clearly typewritten. No endorsement from Joe signing check over to John and Joe not even present at time of deposit.

Fr_Chuck · Jan 30, 2011, 06:38 PM

Is Joe going to press charges

If for eample Joe is aware of it and gives his permission, then the check is merely not properly endorsed and the bank should not accept it. Since they can only accept properly endorsed checks.

If Joe is not aware, the actual charge in the US, will depend on the state ( names vary) but it is a level of theft

wallabee4 · Jan 30, 2011, 06:42 PM

Yes, pressing charges, but what is the charge?
"Joe" is unrelated to "John" and didn't know where his $ had gone until he got copy of cancelled check from the business that wrote it.
That bank accepted check is amazing and so want to know if they are likewise culpable and what laws they broke.
The U.S. state would be Washington. Not the District of Columbia. Thank you.

wallabee4 · Jan 30, 2011, 06:43 PM

U.S. dollar amount is between $800-$900. Thank you.

wallabee4 · Jan 30, 2011, 06:45 PM

$ not only deposited into John's account but John has also long since spent it. Over a year ago.

Fr_Chuck · Jan 30, 2011, 06:47 PM

Possession of stolen property ( if he was not given check, he had to steal it)

Check forgery

Would be my opinion, but the local DA can charge with lesser charges if they want to plea, or could try to add additional charges ID theft and others

ebaines · Jan 31, 2011, 07:51 AM

Please clarify something - how did "John Richards" get the check in the first place? If he stole it from "Joe Richards," it's theft. Joe could sue John for the money, or he could call the cops on him.

pready · Jan 31, 2011, 10:13 AM

If the bank made an error you should contact the bank to correct it and if the bank does nothing about it, you can file a complaint with the Office of the Comprtroller of the Currency. I have included the link for you. From what I have heard a bank will definitely take action to resolve an issue after a complaint is filed against them at the OCC because the OCC regulates, charters and supervises all US national banks. Also the OCC ensures banks are in "compliance with laws requiring fair treatment of their customers".

OCC.gov Home Page

excon · Jan 31, 2011, 10:29 AM

Originally Posted by wallabee4

What law is broken

Hello w:

There's no law broken... This is simply a mistake made by the bank that can easily be rectified.

If the guy who deposited the check INTENDED to steal the money, he could be charged with a crime. But, it certainly doesn't LOOK like that was his intention. I suppose if he did, and if he admits it to the cops, he could be charged with theft...

But, you didn't say ANYTHING about ANYONE'S intent.

excon

ITstudent2006 · Jan 31, 2011, 10:55 AM

I would say more info is needed!