[jmo1965]

My brother had a fortis fund check sent to him it was mine in my name only he took it to his bank sign my name and the teller ask if he wanted the taxes taken out he said no well it was some time before even being aware of 46,000 intil I owed 8,000 in taxs the banks says its past the time on a 3rd party check but since they ask about taxs being taken out or not and his name was not on the front of it 1st what bank cashes 46,000 in some else name but not showing any kind of power of attorney over me how could they allow him that power to answer a legal tax question second when I did bring to there bank my id s showing it was forged proof - didn't they at the min have to report a crime of forery happened at a fed funded bank which they didn't to any 1 does please my late father wanted me to have that I rather have him back and my brother cashed in because of that thank you god bless

[Fr_Chuck]

A couple of issues, the cashier does not ask you about taxes being held out, the admin of the fund asks you that when you request the money to be sent to you.

So who asked for the money to be taken out and sent.

The cashier at the bank just cashes or deposits the check.

No they do not report the crime, they are not the ones that forged a signing.

Most likely he had already signed your name and then also signed his, but you will need to see a copy of the check to prove it.

Did you ask for the check to be sent ? I will guess no, and that he asked for the check and had planned this all along.

You report this to the police, notify the fund that you never received a check and that it was stolen and cashed by fraud.

[ScottGem]

How do you know that the bank asked about taxes? As Chuck said the bank where the check was cashed would not do this. They might report the transaction to the IRS since it was over $10K, but that's all.

The bank does have the responsibility to verify a 3rd party check. If the check was in your name then your endorsement or a forged endorsement needed to be on it. It would be highly unlikely for a bank to just hand over $46K on a 3rd party check unless there was money in the bank under the name of the person presenting the check to cover it. Otherwise they should have held the check until it cleared.

So the facts as you relate them don't seem to be accurate. You may need to make sure of EXACTLY what happened before you go to the police.

Also, how was this money withdrawn. Who's name was the Fortis fund account in? What authorization was given for the withdrawal? As you can see there are a lot of questions here.

Bottom line though, if your brother illegally obtained this money and forged your endorsement and received the money from the check, then he committed theft and forgery. You would have to prosecute him for this which could mean jail time.