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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23523
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had someone from out of state deposit money into my bank

Customer Question

I had someone from out of state deposit money into my bank account and then two days later take it out. Now I am left with a debt of 4200.00
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: CA and MD I am from NY
JA: Have you talked to a lawyer yet?
Customer: No I am ready to go to the State Police. I have a copy of the check from my bank and have shut down my account.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: It happened in NY State two days ago
JA: Anything else you think the lawyer should know?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Expert:  Zoey_ JD replied 5 months ago.

Did this person have permission to access your bank account? Do you know who and where this person is?

Customer: replied 5 months ago.
I applied for a loan which they emailed me the loan documents. The first day they sent me $1800 to go out and by Itune cards. Then they wanted me to purchase the Itune Cards with the money they put into my account. I purchased the cards and gave them the codes on the back of the cards. Two days later they withdrew the amount out of bank account. So now they have the 1800 from the cards and 1800 that the bank charged me for.
Customer: replied 5 months ago.
I have a copy of the checks that went through my account and tried to collect the money from the other person and of course the checks are no good. The checks that were deposited were from CA
Expert:  Zoey_ JD replied 5 months ago.

I'm sorry to hear of this. You fell for a loan scam. It is unlawful to condition the loan on the payment of an up front fee, and no legitimate company would require one. No legitimate company requests payment by an iTune card either.

The only reason for anybody to give you a check to deposit in your account and then to have you withdraw it and send money back to them in different form is to make you launder stolen money. There's absolutely no legitimate reason to do business this way. This is ALWAYS a sign of illegality.

The Federal government requires that a depositor get access to the funds within 48 hours, but the check hasn't actually cleared by then. So the scam works because you take out the money, purchase iCards (which can be traced to you as purchaser but not to them and which cannot be reversed) and then when the check bounces some time later, you end up liable to your bank.

Unfortunately, a bank account holder is strictly liable for the money he puts in or out of his account. That means you owe the bank money and will be expected to pay it back. In some instances, if you don't do that, the bank will shut down your account, blacklist you and have you prosecuted, claiming you used your account to defraud them. So you do want to pay them back. Your remedy is to go after the people who scammed you to try to get your money back.

You need to report this as a crime to your police and give them what information you have on the person. Tell them you'd like this person prosecuted. What he did to you was fraud, which is a crime, and if he's caught and punished, any conviction either by plea or verdict would require that you be paid back for your losses.

Alternatively, if you know who this person is and where he can be found, you can sue him in small claims court where you would not have to incur legal fees.

Finally, if for any reason you can't find these folks to sue or prosecute, you will be able to deduct your unreimbursed losses when you file your 2016 taxes, because when you are the victim of a crime -- and you are -- your unreimbursed losses from that crime are tax deductible.

Customer: replied 5 months ago.
I dont have the money to pay the bank back only in installments. How does the New York State police tract down someone from California does the FBI get involved?
Expert:  Zoey_ JD replied 5 months ago.

You should report it to your police, and get a copy of the police report. That may help you negotiate paying your bank back and/or help protect you if the bank wants to press charges. It establishes that you were a victim.

The police can notify the California police, or if they won't do that, you can do that yourself as well and report it there too. And yes, because multiple states are involved, you would also want to report the crime to the FBI.

You can call them at the field office nearest you. Chances are, however, they will tell you to report it online at their Internet Crime Complaint Center, which is at IC3.gov.

Expert:  Zoey_ JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 5 months ago.
I have reported to the police
Expert:  Zoey_ JD replied 5 months ago.

Great! Don't forget the FBI at IC3.gov.

Enjoy the rest of the weekend.