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Well, I thought I bought a 2020 Model Y, but only to find out it was a rental, and I was a victim of Fraud!

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This is terrible that this happened to you. Hopefully he is brought justice.

For anyone else reading this there are a couple things I would have had an issue with.

1) It seems like a good deal for a highly desirable vehicle in a red hot used vehicle market. Huge red flag.

2) A carfax or auto check should reveal some information about when and where it was registered.

3) He wants a cash deal. Another big red flag. This is a significant amount of money and it’s not really safe or wise to carry that much cash around. Always do a deposit though something like PayPal.

4) Sadly it may even be a good idea to contact the police to verify the vehicle isn’t stolen and to also make sure the registration info lines up. Even if the police can’t tell you who it is registered to they should be able to give a yes or no to the information you have on the vehicle.

5) Lastly, I would do some investigation into the individual selling the vehicle as well.

It’s terrible someone has to do all of this stuff but there are so many fraudsters out there today. Never part with cash is a big lesson here. If you refuse ti deal in cash the fraudster will move on. A legit seller will understand and be fine with check and PayPal.
1: wasnt really a too good to be true good deal. He wanted 50k and haggled down to 48k. That’s a reasonable private sale price.

2: Carfax check would help yes but if he has a legit looking title and IDs match it looks legit. But people aren’t doing all that for a relatively new car.

3: people aren’t doing PayPal or checks because they can be held or payments stopped or otherwise held up. Cashiers check, money order or digital payment like zelle, cash app, is perfectly normal. I’m not taking a personal check or PayPal something that be modified later to benefit the buyer that screams scam. All that stuff takes time to clear.

4: the car wasnt reported stolen tho. Maybe they can verify the registration tho.

5: lol. No1 is doing that. especially with paperwork in order. Him bending on price and not talking himself out a deal. But hindsight is 20/20
 
Why not? It’s a legit check? It was t flagged. They don’t know the background behind it. Far as they know he just cashing a check for a car he sold. 🤷🏾‍♂️
Because cashier checks can and often are counterfeited. It’s likely protocol at banks (even a different bank than the issuing bank) to pick up the phone, call the issuing bank (doesn’t have to be the branch that it was printed from) and confirm that the check is authentic. Possibly under a certain limit the bank just takes the risk but I would think for $10k and more they would double check. This could have allowed for a stop point where the fraud could have been stopped, again likely only if law enforcement was involved (there was a police report).
 
I understand the intent of this narrative , but the issuing bank is better off absolving themselves of any adjudication of "should we, or should we not honor this check" absent any specific legal or LEO intervention. Also, cashiers checks can be presented ANYWHERE and be cashed, so there is an assumption above that both the issuing bank and where it was presented/cashed were the same. Has that been introduced as a fact anywhere here? Genuine question, I may have missed it, this thread blew up and moved fast ;-)

EDIT: I see - yes agreed perhaps someone at the bank where this was presented is colluding with the baddie OR could have raised some questions. Another thread for LEO to pull.

It sucks, and again I feel really awful for the OP but them trying to determine who is innocent and who is guilty between these parties is beyond the scope of their responsibility. Their responsibility is to issue a cashiers check, and pay whomever presents it. Period.
In this case because of the value of the check there are likely limited places this could be cashed... likely a bank/credit union, possibly a check cashing service or other money service, but probably just those places (IE not grocery store or something that offers check cashing). Banks/credit unions/money service places have a job to do to try and prevent fraud and especially money laundering. While most of that simply is they must have your ID details to keep records on your and report any behavior that looks suspicious (and in this case a fake ID wouldn't really stop that) another part is the bank making sure they are not inadvertently facilitating illegal activities. Some banks will take that seriously and will call and verify checks even if the dollar amount if small (maybe $500 or more or $1000 or more) or if you request cash rather than depositing it and waiting a period of days for the funds to become available. Wanting the cash right away, especially a large amount and from an out of state check is a red flag, unless the customer is a very well known customer (does a large volume of business with the bank and holds a fairly large account balance). Like I said, a 45 second phone call could have stopped this. If I were law enforcement I would at least find out what business cashed this, what person did, and put some pressure on them with questions about who the person was and why they broke protocol (assuming they are supposed to call first, which any legit place would, there are a million scams with fake cashiers checks.)
 
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IANAL but I believe you're interpreting that completely wrong. The bank MAY choose to not cash the check, they have no obligation to honor a stop payment request, nor is it incumbent upon them to perform any level of due diligence.

That is not right.
Check out

Section 8.1: Customer Due Diligence (CDD) is related to money laundering or terrorist activities.

Though out that pdf there are 48 references to the Bank's due diligence requirements
 
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Because cashier checks can and often are counterfeited. It’s likely protocol at banks (even a different bank than the issuing bank) to pick up the phone, call the issuing bank (doesn’t have to be the branch that it was printed from) and confirm that the check is authentic. Possibly under a certain limit the bank just takes the risk but I would think for $10k and more they would double check. This could have allowed for a stop point where the fraud could have been stopped, again likely only if law enforcement was involved (there was a police report).
The check was authentic tho. The bank didn’t flag/stop payment/void it. They couldve checked and got the green light. Hence why he was able to cash it 🤦🏾‍♂️
 
The check was authentic tho. The bank didn’t flag/stop payment/void it. They couldve checked and got the green light. Hence why he was able to cash it 🤦🏾‍♂️
Right, and that’s a HUGE issue on the issuing bank. It should have been flagged. It sounds like they were contacted long before it was cashed and provided a police report and possibly the copies of the false IDs. That should have been enough “proof” for them to halt the funds with that check at least until the police report was closed.
 
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The photo I uploaded is him...but not Chad Spencer Robinson...who was a baseball player...and 6'5"...that's the biggest red flag...as the thief was maybe 6'.
Yeah, that crook definitely does not look like a Chad. That’s for sure.


Oh, I’d also look into the place where he rented that Tesla. Because his description does not match, at all. Maybe they were in on it… Or the worker just looked at the picture and said you’re good.
 
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Yeah, that crook definitely does not look like a Chad. That’s for sure.


Oh, I’d also look into the place where he rented that Tesla. Because his description does not match, at all. Maybe they were in on it… Or the worker just looked at the picture and said you’re good.
That is what my family thinks...they think the rental company could be in on it. Rent a car out, then split the cash....which would really be a dick move because I helped the rental company out by working with them to get their tesla back.
 
That is not right.
Check out

Section 8.1: Customer Due Diligence (CDD) is related to money laundering or terrorist activities.

Though out that pdf there are 48 references to the Bank's due diligence requirements
Bit of a stretch to apply AML laws to what would be a fairly routine "I sold a car" activity. It may generate a reporting requirement, but a fraudster with a convincing fake ID would not afaik cause the bank to become liable / complicit / whatever for cashing the check.

If you've got specific domain expertise / knowledge here, would be good to assert, but I don't see how any of the AML/ know your customer laws would stop someone with fake ID from cashing a cashiers check. It's been a billion years since I've worked in / around finserv so if you've got more info, please share, but AML is no smoking gun.
 
In this case because of the value of the check there are likely limited places this could be cashed... likely a bank/credit union, possibly a check cashing service or other money service, but probably just those places (IE not grocery store or something that offers check cashing). Banks/credit unions/money service places have a job to do to try and prevent fraud and especially money laundering. While most of that simply is they must have your ID details to keep records on your and report any behavior that looks suspicious (and in this case a fake ID wouldn't really stop that) another part is the bank making sure they are not inadvertently facilitating illegal activities. Some banks will take that seriously and will call and verify checks even if the dollar amount if small (maybe $500 or more or $1000 or more) or if you request cash rather than depositing it and waiting a period of days for the funds to become available. Wanting the cash right away, especially a large amount and from an out of state check is a red flag, unless the customer is a very well known customer (does a large volume of business with the bank and holds a fairly large account balance). Like I said, a 45 second phone call could have stopped this. If I were law enforcement I would at least find out what business cashed this, what person did, and put some pressure on them with questions about who the person was and why they broke protocol (assuming they are supposed to call first, which any legit place would, there are a million scams with fake cashiers checks.)
You're still not extracting the point I'm trying to make.

The claim here is the bank is responsible or liable for the fraudsters ability to cash the check. I am asserting this is inaccurate, and that just like a pile of cash you give to a baddie, what happens to a valid, non-counterfeit check, after they issue it to you is not their problem.
 
Maybe this will stop the insanity here:

Again, I don't post these things with glee or any enjoyment for the OP's predicament, it really sucks and I'm emphathetic. But ranting about hire a lawyer and the bank is at fault is completely misguided IMHO.

Work with LEO and hopefully this dirtbag gets caught. Good / painful lesson for others buying a used vehicle to not fall into a similar trap.
 
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Wow, that is absolutely crazy and it's crazy nothing showed up on carfax either. Feel free to give us an update whenever you have one as it's been a few months now since the initial posting.
"On Saturday the 13th of November,"

Uh 10 days?

The Carfax thing is a bit puzzling, it should have shown up as a fleet vehicle IIRC.

It's easy for us in the cold light of day, removed from the scenario, to second guess OP's decision making and judgement. But getting caught up in the moment, eager to get a car now, for a reasonable price, it's not hard difficult to see how it would be be easy to overlook small niggling concerns and get swindled.
 
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