brandon8387
Member
He gets a lawyer he ain’t gettin 50k back. Lawyer fees gonna eat half of itI think it's time to get a lawyer to sue your bank.
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He gets a lawyer he ain’t gettin 50k back. Lawyer fees gonna eat half of itI think it's time to get a lawyer to sue your bank.
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.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.
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).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.
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.)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.
You should post that on Nextdoor. You'll get a lot of nosey ppl to take a good look at it.
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.
Is the real picture of the guy?The seller has minimum of 2 fake id's. Nevada and a CA, my guess is he has even more. Be on the look out for this guy!!!
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 itBecause 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).
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.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 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'.Is the real picture of the guy?
and is Chad Spencer Robinson the real guys name? - you said fake ID.
Yeah, that crook definitely does not look like a Chad. That’s for sure.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'.
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.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.
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.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
You're still not extracting the point I'm trying to make.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.)
"On Saturday the 13th of November,"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.