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Beah65 · Dec 6, 2012, 07:31 AM

If a person commits bank fraud on the elderly and pays on the money in question, is it still bank fraud, and if so can I still make that person be held accountable for the identity theft that made it possible for them to do this in the first place? Also do the bank have a responsibility to report identity theft even if the perpetrator is paying the money back? I have researched Bank Fraud and while it is a broad subject ,the person in question certainly committed this. Statue is 10 years, and the elderly woman in question is just finding out about it 2 months ago. While the bank agrees that it is Bank Fraud they are trying to talk her out of filing charges, one, because they say one of the perps is paying it back,and two, statue is 6 years. I disagree. Before 1989 statue was 5 yrs, but a new law was signed by president Bush making it 10 years, please help! Because one of the perps is paying it back dose not excuse the actions in question, does that mean that anyone can commit these kinds of crimes as long as they pay it back.

Wondergirl · Dec 6, 2012, 07:39 AM

Google for your state's Dept. on Aging toll-free phone number and report this. Or call your public library's reference desk for appropriate numbers to call in order to get help and answers.

excon · Dec 7, 2012, 04:55 AM

Hello B:

I can't imagine a bank trying to tell her NOT to file charges... That, in and of itself, is disgraceful. She should call the cops, TODAY. The bank ALSO sounds culpable, so I'd visit an attorney TOO. The bank should be SUED.

excon

ScottGem · Dec 7, 2012, 07:05 AM

My guess is that bank is afraid that it was negligent in allowing the fraud which is why they want it swept under the table.

A few more things to consider. If the perp is paying it back, what happens to those payments if they are put in jail? Which is more important, getting the victim the money back or prosecuting the perp?

As for the SOL. Is the bank federally chartered? If not, any law that Bush signed would not be applicable to state chartered banks.

joypulv · Dec 7, 2012, 08:56 AM

It sounds like the bank didn't do due diligence determining who she (or they) were, or were even in collusion, so yes, the bank might be culpable too, and I wouldn't listen to anyone saying you should let it go because the money is being paid back. The BANK can pay back the elderly person, and recover the lost money from the thieves on their own time.

Beah65 · Dec 10, 2012, 09:44 AM

Originally Posted by ScottGem

My guess is that bank is afraid that it was negligent in allowing the fraud which is why they want it swept under the table.

A few more things to consider. If the perp is paying it back, what happens to those payments if they are put in jail? Which is more important, getting the victim the money back or prosecuting the perp?

As for the SOL. Is the bank federally chartered? If not, any law that Bush signed would not be applicable to state chartered banks.

Thanks Scott... It is a federal credit union,so I believe that it is federally charted.

Beah65 · Dec 10, 2012, 09:47 AM

Originally Posted by excon

Hello B:

I can't imagine a bank trying to tell her NOT to file charges... That, in and of itself, is disgraceful. She should call the cops, TODAY. The bank ALSO sounds culpable, so I'd visit an attorney TOO. The bank should be SUED.

excon

Thanks for the response... actually I'm looking into it now for her, as far as seeking legal consul because I truly believe the person who signed off on this is actually still working there, and may have had their hands in it as well.

Beah65 · Dec 10, 2012, 09:50 AM

Originally Posted by joypulv

It sounds like the bank didn't do due diligence determining who she (or they) were, or were even in collusion, so yes, the bank might be culpable too, and I wouldn't listen to anyone saying you should let it go because the money is being paid back. The BANK can pay back the elderly person, and recover the lost money from the thieves on their own time.

That's the crazy thing... they have recovered it, and so they feel since they haven't taken a loss, why bother! Ultimately it really doesn't matter, the crime was committed in a federal financial institution,and so with that alone regardless of them paying it back, they should be held accountable, as well as the bank!

Beah65 · Dec 10, 2012, 09:51 AM

Originally Posted by Wondergirl

Google for your state's Dept. on Aging toll-free phone number and report this. Or call your public library's reference desk for appropriate numbers to call in order to get help and answers.

I did just that and got a lot of information that I am currently working on today... Thanks so much for that info.

ScottGem · Dec 10, 2012, 10:33 AM

Originally Posted by Beah65

That's the crazy thing...they have recovered it, and so they feel since they haven't taken a loss, why bother!! ultimately it really doesn't matter, the crime was committed in a federal financial institution,and so with that alone regardless of them paying it back, they should be held accountable, as well as the bank!

Well here's the thing. Fraud and Identity Theft are criminal offenses. But to prosecute them, first a complaint has to be made by someone. Second a prosecutor needs to determine if there is a winnable case against the perp.

Has this been reported to the police? But without the bank's cooperation the prosecutor's office may decide not to prosecute.